Sexual Assault Crime Defense Secures Non Prosecution

The client and the complainant were former university acquaintances who reconnected and planned a single day coastal trip outside the city. 

According to the client, the outing involved mutual conversation, shared transportation, and consensual expressions of interest, with no objection or resistance expressed at any time. 

Several days later, however, the complainant reported the incident to law enforcement, alleging repeated unwanted physical contact during the drive and at the destination, reframing the encounter as a sexual assault crime despite prior amicable communication.

Immediately upon retention, defense counsel contacted the investigating police precinct to coordinate scheduling and prevent unstructured questioning of the client.

A comprehensive factual interview was conducted to document travel routes, seating positions within the vehicle, timing of stops, and the tone of communications before, during, and after the trip. 

This proactive approach ensured consistency and prevented misinterpretation during the investigative phase, a decisive factor in sexual assault crime cases lacking corroboration.

The defense secured and preserved text messages, messaging app conversations, call logs, and vehicle dash camera footage. 

Notably, messages sent by the complainant shortly after returning home expressed appreciation for the trip, enjoyment of the time spent together, and interest in future contact, language inconsistent with the claim of ongoing unwanted conduct. 

Dash camera footage further showed relaxed interaction and voluntary proximity, undermining the assertion of coercion or discomfort central to the sexual assault crime allegation.

A detailed comparison of the complainant’s statement with contemporaneous evidence revealed internal inconsistencies regarding timing, location, and frequency of alleged contact. 

Defense counsel highlighted these discrepancies to investigators, emphasizing that New York law requires proof beyond speculation or retrospective reinterpretation of consensual behavior. 

The absence of contemporaneous objection, distress signals, or corroborating witnesses further weakened the credibility threshold required for prosecution.

A structured legal memorandum was submitted to law enforcement outlining the evidentiary contradictions, the legal standards governing sexual assault crime prosecutions in New York, and the risk of wrongful prosecution absent corroboration. 

The memorandum emphasized objective data over subjective interpretation and cautioned against advancing charges based solely on inconsistent allegations unsupported by evidence.

After reviewing the defense submission and supporting materials, investigators concluded that the elements necessary to substantiate a sexual assault crime under New York law were not met. 

The case was formally closed without referral to the district attorney, resulting in a non prosecution decision and complete resolution of the matter at the investigation stage, preserving the client’s record, reputation, and legal standing.