How Social Media Activity Affects Sexual Crime Defenses
These days, most people have some type of social media profile. While some people are reluctant to post on social media, others post without understanding that these posts can affect them legally. If you face criminal charges, your online behavior can negatively affect your case. A professional Colorado criminal defense attorney can help you navigate your online personality through your case.
What Constitutes a Sexual Crime in CO?
Colorado divides sexual crimes into two divisions:
Sexual Assault. Typically, this includes sexual acts such as penetration or intrusion such as rape, anal rape, and forced copulation.
Sexual Contact. Non-sexual sexual touching such as sexual battery, groping and fondling of private areas.
If you are in a sexual crime case, you should talk to a lawyer and work out a plan. Sexual crimes tend to be more emotional than other felonies, and some people decide to express themselves on their social media accounts. It may seem like a great idea to defend yourself on social media, but posting online may ultimately do more harm than good. The experienced Colorado criminal lawyers at Whitaker & Penix, LLC. can be contacted at (970) 368-0602 today for a free consultation.
If you have been arrested for a sex crime, you should remember a few things keep these things about your behavior online in mind.
Keep Quiet
When you’re dealing with a sexual crime case then it is best to just focus on that. It can look suspicious if you’re posting casually on social media while dealing with a serious sexual crime case in court. Generally speaking, it is not a good idea to post any new content on social media that includes check-in, shares, comments, likes, or blog posts. Never share any details of your case on social media regardless of how righteous you feel as it can negatively affect your ongoing court procedures.
Never Delete Old Posts
Scrubbing your social media during a court case can make it appear as though you’re trying to hide evidence. Deleted posts can be easily uncovered and be seen as an admission of guilt. Even if done as a precaution, the courts may not trust this behavior and see it as misleading. In general, it is better to leave your posts as they are.
Never Accept New Friend Requests
During a court case, any piece of information can be used against you so be wary of any new friend requests. Several of us forget how many subscribers or friends we have on certain platforms. You never know who is looking at your profile and recording information.
How Social Media Can Hurt your Case
Social media can both positively and negatively affect your case. Here are some ways social media can hurt your case:
Location Tracking. Proving where you were during the time of a crime could be very important to your case. Since photos and posts can be listed in real time it provides an accurate report of where you are at a certain time.
Mental State. It is never a good idea to post on social media when you are upset as it can be misunderstood or hurt you during your case. Other parties may use your own words against you and show that you’re in a stressful or frustrated state.
Private Conversations. On most social media accounts, private messages can be sent back and forth between friends. Combined with testimony, these words can be taken out of context and used against you in court.
Can Social Media Help Your Case?
Social media can help your case by proving an alibi such as your location, a recent photograph, or an interaction. Depending on the platform you’re using, the application may post both the timestamp and the location, which can justify your case in court. In most situations, it is advised to avoid social media completely while dealing with court proceedings.
Contact a Lawyer Immediately
If you are arrested in Colorado for a sexual crime and your social media accounts are being used against you, contact a lawyer right away. The attorneys at Whitaker & Penix, LLC., can be reached at (970) 368-0602. We will work hard to defend you and make sure your rights are protected.