Lying to the police, detectives or federal investigators is a crime. However, they can lie to you to collect evidence. That is perfectly legal, as is recording the phone call.
When someone is accused of inappropriate behavior or a crime, it is human nature to want to explain yourself. In the context of these phone calls, don’t. You could be helping investigators manufacture evidence. If you suspect someone is accusing you, do not talk to the alleged victim, or your best friend or acquaintance. Only talk to your lawyer.
These attempts to manufacture evidence can occur, not just in sexual assault cases but in divorces, Title IX investigations, and criminal cases, both civilian and military. It is our experience that the military uses them as a tool far more frequently than the state, but they are in common use with law enforcement across the board.
In this video, Steve Shewmaker and Alexa Lewis of the law firm Shewmaker & Lewis go into detail about pretextual phone calls, texts, and emails and discuss how to respond if you suspect you may be targeted.
For more information on military law visit our website dedicated to military justice matters here: Military Defense Lawyer.