Pretext communication, a potent investigative tool, plays a pivotal role in a variety of criminal investigations, particularly in sexual assault and rape cases. It serves as a vital investigative element in unique and challenging scenarios, such as delayed reporting (when a victim doesn't report the crime immediately), sexual assault by an intimate partner, brief encounters, and drug and alcohol-related assaults.
In such situations, where physical evidence may be lacking or the victim's credibility is questioned, pretext communication can provide crucial evidence. The primary objective of a pretext communication is to gather information and evidence that can support other evidence and statements provided by the victim or witnesses.
In sexual assault or rape investigations, the information obtained can help establish the occurrence of sexual contact and its consensual or non-consensual nature. Incriminating statements made by a suspect in pretextual communications can be compelling evidence in court.
At the early stages of a police investigation of an alleged sex offense, law enforcement detectives often receive a report of a sexual assault from the victim, who may have recently experienced the assault. They might still have bruises or other evidence that can be considered. DNA evidence may be available for the suspect.
Simply put, a pretext call is a “trap” phone call from the alleged victim to the suspect, usually in a sex case, where the police record the call and coach the victim into getting the suspect to confess or apologize for certain conduct. The police usually control the phone call, and the suspect is unaware that the police are listening to the conversation.
Sometimes, a victim reports an alleged incident that occurred weeks, months, or even years ago. Thus, there usually is no evidence to support the victim's claim. Police detectives might believe the victim, but they need corroboration from the suspect before recommending prosecution.
This is where a pretext phone call can play a critical role. The cooperative victim or a witness will make a telephone call to the suspect while the police record the call and sit with the caller.
Sex Crime Investigations
The victim or the witness will typically attempt to engage the suspect in conversation about the alleged sex offense without knowing that the police are intently listening to the call. Sometimes, police detectives will write down questions for the victim to ask. The contact can also be through email or text messages.
The victim will attempt to confront the perpetrator about the conduct, often asking incriminating questions, such as “Why didn't you stop when I told you no?"
The victim might tell the suspect they are traumatized and suggest counseling. The primary goal is to elicit incriminating statements such as admissions or apologies. In some cases, the victim will become emotional during the call, which can lead the suspect to respond.
The phone call can occur long after the alleged incident. The call could even occur on a birthday, making the suspect more likely to trust the caller's motives. The call is often made late at night or when the suspect is at work early in the morning. Later, the police will often use the call as evidence against the suspect.
Gathering Incriminating Evidence
If you are the subject of a sexual crime investigation in California, you need to be aware of a common tactic used by police to get evidence against you. Simply put, a pretext call is a staged phone call between a suspect and an alleged victim, conducted under the supervision of law enforcement. to gather incriminating evidence to be used in sex offense prosecutions..
For example, the alleged victim might express distress to prompt the suspect to admit their actions or intent. Since the suspect doesn't know the call is recorded, they may speak freely without choosing their words carefully. Investigators use these statements to build a case or support other evidence.
The legal implications of a pretext call can be significant if police hear incriminating information. However, it's crucial to remember that you have legal rights in these cases. Understanding these rights is key to navigating the legal process effectively.
This knowledge empowers you to protect your rights and ensure a fair legal process. If incriminating evidence is obtained through a pretext call, it can be used against you in court, potentially leading to a conviction. It's essential to be aware of these risks and to consult with a lawyer if you find yourself in this situation.
Are Pretext Phone Calls Legal?
Yes. California is a two-party consent state for recording phone calls, meaning that, under normal circumstances, it's illegal to record a call unless all parties agree to it. However, under California Penal Code 633 PC, police can record conversations without consent if it's part of a criminal investigation.
This exception applies when law enforcement is involved in directing or supervising the recording. In sexual crime cases, this allows an alleged victim working with law enforcement to record a suspect without their consent, and the recording may be used as evidence in court.
It's important to note that this exception applies only when law enforcement is involved in directing or supervising the recording. If a civilian records a conversation without the explicit involvement of law enforcement, it could be deemed illegal and inadmissible in court.
Penal Code 633 PC says, "(a) Nothing in Section 631, 632, 632.5, 632.6, or 632.7 prohibits the Attorney General, any district attorney, or any assistant, deputy, or investigator of the Attorney General or any district attorney, any officer of the California Highway Patrol, any peace officer of the Office of Internal Affairs of the Department of Corrections and Rehabilitation, any chief of police, assistant chief of police, or police officer of a city or city and county, any sheriff, undersheriff, or deputy sheriff regularly employed and paid in that capacity by a county, police officer of the County of Los Angeles, or any person acting pursuant to the direction of one of these law enforcement officers acting within the scope of their authority, from overhearing or recording any communication that they could lawfully overhear or record prior to January 1, 1968."
(b) Nothing in Section 631, 632, 632.5, 632.6, or 632.7 renders inadmissible any evidence obtained by the persons mentioned earlier by means of overhearing or recording any communication that they could lawfully overhear or record prior to January 1, 1968."
Possible Misuse of Pretext Calls
While pretext calls can aid police in uncovering the truth in a sexual crime investigation, they are not without controversy. These calls can be misused or misconstrued, especially when the context of a conversation is manipulated or distorted.
For instance, a victim might be coached by law enforcement to ask leading questions that could prompt the suspect to admit to a crime they didn't commit. This could lead to false accusations or tainted evidence, resulting in serious legal consequences. It's essential to be aware of these risks and to consult with a lawyer if you find yourself in this situation.
When this occurs, an experienced criminal defense attorney can be your best strategy for challenging it in court. Some potential misuses of pretext phone calls include manipulating the conversation context, asking leading questions, or using coercion to influence the outcome. These tactics can lead to false accusations or tainted evidence, which can be challenged with the help of a skilled attorney. Consider the following possible misuses:
- False Accusations. One way pretext calls can be misused is related to false accusations. Someone claiming to be a victim of a sexual crime could use a pretext call to manufacture evidence against a suspect. When this occurs, the suspect's statements might be taken out of context and used unfairly to support the accusation.
- Statements Taken Out of Context. Another possible misuse involves a suspect's statements during a pretext call being misinterpreted. The stresses and manipulations of the conversation, along with its emotionally charged nature, might lead to misleading responses. It's important to be cautious and mindful of your words during a pretext call to avoid any misinterpretation.
- Entrapment. There is also the risk of entrapment, which occurs when law enforcement agents induce a suspect to commit a crime they would not have otherwise committed. While courts closely scrutinize entrapment claims, the blurred lines in pretext calls can make this concern relevant.
How Can a Defense Attorney Help
If you have been subjected to a pretext call in a sex crime investigation, you may be at increased risk of a conviction. Thus, you will need the assistance of our skilled California criminal defense lawyers, who can challenge the validity of the call and ensure that any evidence obtained through it is used fairly in court.
Perhaps we can scrutinize the pretext call for signs of coercion, misrepresentation, or improper conduct by law enforcement. We could also argue that the call was unfairly manipulated or that statements were taken out of context.
Perhaps we can challenge the evidence. Suppose the pretext call was conducted in violation of California law or law enforcement's procedures. In that case, we can move to suppress the evidence, preventing it from being used against you in court.
Perhaps we can dispute the allegations by investigating the credibility of the alleged victim, seeking evidence of bias, ulterior motives, or false claims. We can also protect your rights:
If law enforcement has overstepped its bounds, such as by pressuring the alleged victim or engaging in deceptive practices, we can ensure that your constitutional rights were not violated. For more information, contact our criminal defense law firm, Cron, Israels & Stark, located in Los Angeles, CA.
Related Content:
