With over 5.22 billion social media users worldwide, there’s no question that TikTok, Instagram, Facebook, and other social platforms are part of our daily lives. Whether we want to share opinions, news, or photos, we automatically go online and click ‘post.’
This transparency comes with risks, however. For those facing serious accusations, such as a sex crime, social media apps can turn into a battleground of public opinion that affects your reputation, your relationships, and even your legal case. The more people see and share, the greater the risk that these accusations can influence perceptions long before any court appearance. In this blog, we’ll show you how your social media can impact a case and offer strategies to protect yourself in such a situation.
Why You Should Stay Off Social Media After a Sex Crime Accusation
When you’re facing a sex crime accusation, it’s imperative that you stay off social media, even if it’s always been part of your everyday life. The adage, anything you say can and will be used against you absolutely applies to written statements posted on the internet. Sharing, commenting, or reacting online – even in seemingly harmless ways – can give prosecutors ammunition against you. During the discovery process, your online presence might be searched for any information or interaction that could suggest guilt, even if you meant nothing by it.
Why take the risk? Even a single post expressing anger, frustration, or defense could be misconstrued by the prosecution, law enforcement, and even potential jurors. Staying silent allows your sex crime defense attorney to control the information around your case, preventing social media posts or comments from being taken out of context and potentially used to your detriment. Maintaining a low profile online not only protects you but also preserves your right to a fair, unbiased trial.
Understanding the Law: Stringent Rules Surrounding Social Media and Legal Cases
When you post online, it becomes a public record, no matter how you set your privacy settings. Many people are unaware that prosecutors may be able to subpoena or through other means legally access deleted or “private” content as part of a criminal investigation. This is especially true in cases involving sex crime allegations, where any piece of social media evidence may be scrutinized for clues about behavior, character, or motive.
Texas law, the Texas Rule of Evidence, and Texas Code of Criminal Procedure provide multiple avenues by which prosecutors may attempt to have your social media posts or statements admitted against you. This could include messages sent privately, comments on friends’ online posts, or even tagged photos. Social media evidence is being seen increasingly often in courts and criminal prosecutions and may play a key role in a prosecutor’s argument, even if it seems disconnected from the main facts of the case.
Social Media Caution: Key Points to Remember
Social media remains a potential hazard, even if you’re a cautious poster. However, if you absolutely need to keep your online profiles active after consulting your attorney regarding the more specific dangers of such online interaction and outlining topics or subjects you should be especially aware of while posting, be mindful of the following practices to minimize risks:
- Never Discuss Case Details, Even In Direct Messages: Private messages can be discovered by law enforcement agencies and used as relevant evidence if brought to court. The only person you should be discussing your case with is your attorney or other members of your legal team.
- Limit Online Interactions: Avoid reacting, commenting, or interacting with social media posts about your case or related topics, even if they appear indirectly related. The same goes for posting pictures, which also leaves a digital footprint. Prosecutors might use them to build a narrative or question your character.
- Refrain From Sharing Personal Updates: Now is not the time to share personal life changes or updates, as these can unintentionally sway opinions or imply guilt.
- Stop Sharing “Old” Posts Or Memories: Reposting or resharing content can look like a fresh endorsement of views or behaviors that might be irrelevant but damaging in a courtroom setting.
- Avoid Engagement With Controversial Topics Or Related Content: Liking or commenting on contentious issues or high-profile cases similar to your own may be viewed as an insensitivity to the legal process.
- Stay Away From Inflammatory Posts: Refrain from sharing memes, jokes, or opinions that might come across as inappropriate, even if unrelated to your case.
If you maintain an active presence on social media apps for business or personal reasons, talk to your criminal defense lawyer to ensure you’re not unintentionally jeopardizing your defense.
Contact a Criminal Defense Law Firm
When facing criminal charges, especially one as serious as a sex crime, you’ll want to get legal advice on your social media usage. Your lawyer can explain which public or private posts or comments may become problematic and advise you on whether to delete specific content or even suspend certain accounts altogether. They can also work with you to create defense strategies that support your case while minimizing exposure to potential risks.
For those who rely on social media for business or branding purposes, legal advice is especially important. Even an innocent post could become a point of contention in court, potentially affecting the outcome of the case. By working with an experienced lawyer, you’ll gain insights that help you handle online interactions without creating additional hurdles in court.
Don’t Ignore Social Media Accusations
Sometimes, allegations begin online, where someone may accuse you directly through a post or comment. It may feel natural to respond or defend yourself, but it’s crucial to resist this urge. Any response you give online could be used against you, and trying to justify or explain yourself publicly is rarely beneficial in the long run.
Letting your legal team handle these accusations is often the wisest approach. They can advise on the best way to manage such interactions and protect your interests without giving prosecutors new angles to pursue. Avoiding public statements prevents misunderstandings and ensures your case is addressed in court, not in the court of public opinion.
Don’t Let Emotions Get the Best of You
Facing accusations of any kind is incredibly stressful, and emotions can run high. Social media, with its instant visibility and easy access to public opinion, can amplify these emotions, tempting people to respond in ways that can be detrimental to their case. Even a post that seems unrelated to the case could reveal frustration, anger, or other emotions that prosecutors might use as digital evidence.
Instead of expressing these emotions online, lean on private conversations with friends, family, or even a counselor. Keeping emotions in check may be challenging but it’s essential in maintaining control over how you’re perceived.
Can Sex Offenders Use Social Media?
In Texas, sex offenders are not universally banned from using social networks and other online platforms. However, some restrictions may apply based on the nature of the offense and the terms of probation or parole. For instance, those convicted of offenses involving minors or those who used the internet to commit their crimes may face prohibitions on accessing certain social media platforms or the internet entirely.
According to Section 508.1861 of the Texas Government Code, such individuals may be prohibited from using the internet to access obscene material, access commercial social networking sites, discuss sexual relations with minors or communicate with those known to be under 17 years of age.
Note that these restrictions are determined on a case-by-case basis, taking into account factors like the specific offense and the offender’s risk level. Speaking with your criminal defense attorney about possible outcomes can prepare you for these restrictions and help guide your current online activity.
How Social Media Impacts Legal Cases
Social media profiles often contain years’ worth of personal details, preferences, and opinions. For prosecutors, this can be a valuable source of circumstantial evidence to establish behavior patterns or challenge your credibility. In a sex crime case, even benign content could be twisted or taken out of context to support the prosecutor’s narrative.
Online behavior may also impact witness statements. Friends, acquaintances, or even followers could be called upon to share what they know or have seen online. Misunderstandings can easily arise, especially in the context of a criminal case. Remaining cautious and limiting your social media activity can keep the narrative about your case focused on the facts, not on misinterpretations.
How a Sex Crimes Defense Lawyer Can Help
When you’re facing a sex crime accusation, managing your online presence is just one aspect of a robust defense. A skilled sex crimes defense attorney can help assess your current social media profiles and suggest legal options to protect your interests. They’ll identify potential areas of risk, advise on statements to avoid, and work with you to minimize any impact from social media.
A defense lawyer’s role is to help you make strategic choices that keep any legal proceedings focused on the facts and law at issue while protecting your rights and ensuring due process. With their guidance and legal representation, you’ll be able to address online accusations, navigate any restrictions on social media activity, and avoid pitfalls that might otherwise harm your case.
Speak to a Texas Sex Crimes Defense Lawyer Today
When facing a serious accusation, every action counts – especially online. Social media has the power to influence public perceptions and case outcomes in ways that are difficult to reverse. Protecting yourself means understanding these risks and taking steps to prevent online behavior from affecting your situation.
At Hunter, Lane & Jampala PLLC, our experienced attorneys understand how social media may impact your case and are ready to guide you through every step of your defense. If you’re facing a sex crime accusation and need help managing your online presence, contact us today for a confidential consultation. Let us help you protect your rights, your future, and your story.
