What to Do If an NYPD Special Victims Detective Calls About a Sexual Assault Complaint

The author of this article, Matthew Galluzzo, is a former prosecutor in the Sex Crimes Unit at the Manhattan District Attorney’s Office. As a defense attorney, he has successfully represented dozens of people accused of rape and sexual assault throughout New York City state and federal courts, including numerous trial acquittals in difficult and high-profile rape and sexual assault cases. He has appeared dozens of times on television channels including CNN, Fox, MSNBC, and others to give his opinion on rape and sexual assault cases in the news.

Receiving a telephone call from a detective with the NYPD Special Victims Unit saying that someone has made a complaint accusing you of rape or sexual assault can be one of the most frightening experiences a person can have.

You may immediately want to call the detective back, explain what happened, deny the allegation, contact the person who made the complaint, or try to find out exactly what the detective knows.

Before doing any of those things, speak with a New York criminal-defense attorney.

A call from an NYPD Special Victims detective can mean that you are the subject of an active criminal investigation. It does not necessarily mean that you have already been charged or that you will ultimately be arrested or prosecuted. But it should be taken extremely seriously.

The NYPD’s Special Victims Division investigates sexual-violence complaints throughout New York City and has specialized investigators assigned to these cases. 

Don’t panic—but don’t ignore the call

Your first reaction may be to assume that the allegation is either a misunderstanding that can be cleared up immediately or a completely false accusation that will disappear once you tell the detective your side.

That can be a dangerous assumption.

A detective may call because investigators want to speak with you, obtain your version of events, request that you come to a precinct, arrange an interview, or otherwise advance an investigation.

You should take the call seriously without assuming that you have to answer substantive questions immediately.

A good initial response can be as simple as:

“I understand. I want to speak with an attorney before discussing the matter.”

You do not need to argue with the detective or attempt to prove your innocence over the telephone.

First, make sure you know who is calling

Because telephone impersonation scams exist, it is reasonable to verify that the person contacting you is actually an NYPD detective.

Write down:

• The detective’s name.
• Rank or title.
• Precinct or Special Victims Squad.
• Telephone number.
• The approximate time of the call.
• Any case or complaint number provided.
• The alleged date or location of the incident, if disclosed.
• What the detective asked you to do.
• Whether the detective asked you to come to a precinct.
• Whether the detective mentioned an arrest warrant or other process.

You can independently verify the detective’s identity through official NYPD channels.

The verification step, however, should not be confused with avoiding the investigation. If the call is legitimate, you should have an attorney help you determine the appropriate next step.

Contact a criminal-defense attorney before giving a statement

This is usually the most important step.

A person who is the subject of a sexual-assault investigation should strongly consider consulting a New York criminal-defense attorney experienced in sex-crime investigations before speaking substantively with detectives.

The attorney can help determine:

• Whether you are a suspect, person of interest, or witness.
• What offense is allegedly being investigated.
• Whether charges have actually been filed.
• Whether an arrest warrant or other court process exists.
• Whether detectives are requesting a voluntary interview.
• Whether you should appear at the precinct.
• Whether counsel can arrange a controlled surrender if an arrest is anticipated.
• Whether an interview should occur at all.
• What information should be provided to investigators.
• What evidence should be preserved.

Do not assume that you have to figure all of this out yourself.

Don’t try to “explain everything” to the detective

One of the most common mistakes in an investigation is believing that the problem can be solved by simply telling the detective the truth.

You may be thinking:

“If I explain what actually happened, they’ll realize the accusation isn’t true.”

The problem is that you don’t necessarily know what the detective already knows, what witnesses have said, what evidence investigators possess, or how your statements could be interpreted.

A conversation that feels informal to you may be part of a criminal investigation.

That is particularly important in sexual-assault cases, where the investigation may involve interviews with the complainant and other witnesses, electronic communications, photographs, video, medical evidence, forensic evidence, and other records.

The safest course is generally to consult counsel before providing a substantive statement.

What about Miranda rights?

Many people assume that police must read Miranda rights the moment they call or begin asking questions.

That’s not necessarily how Miranda works.

Under New York law, Miranda protections generally apply when a person is subjected to custodial interrogation. New York courts distinguish between an ordinary investigative encounter and questioning that occurs while a person is in custody. 

That means you should not assume:

“They haven’t read me my rights, so I can safely tell them everything.”

Conversely, you should not assume that every question a detective asks is itself an indication that you have been arrested.

The circumstances matter.

This is one reason obtaining legal advice before an interview can be so important.

You can exercise your right to remain silent

If police are seeking an interview about an alleged sexual assault, you do not have to improvise a legal strategy while speaking with a detective.

If you do not want to answer substantive questions, communicate that clearly and respectfully.

For example:

“I don’t want to discuss the allegations without my attorney.”

If you are subsequently taken into custody and questioned, the constitutional rules governing custodial interrogation become particularly important. New York courts recognize the right to counsel during custodial interrogation and have addressed the consequences when a person unequivocally invokes that right. 

Your attorney can advise you about the precise circumstances of your case.

Do not contact the person who made the accusation

This is extremely important.

If you know who made the complaint, you may desperately want to call or text that person.

You might want to ask:

• “Why did you tell the police this?”
• “Can we talk about what happened?”
• “Can you correct what you told them?”
• “Can you tell them you don’t want to prosecute?”
• “Why are you doing this to me?”

Don’t make that decision on your own.

Even if you believe the accusation is completely false, contacting the complainant can create additional complications. Depending on the circumstances, communications could be characterized as intimidation, harassment, witness interference, or an attempt to influence the investigation.

There may also be an order of protection or other restrictions.

Let your attorney determine whether any communication is appropriate.

Don’t delete texts, emails, photographs, or social-media material

If you learn that you are being investigated, you may be tempted to clean up your phone or social-media accounts.

Don’t.

Do not delete potentially relevant:

• Text messages.
• Emails.
• Direct messages.
• Photographs.
• Videos.
• Call records.
• Location information.
• Dating-app communications.
• Social-media posts.
• Receipts or other records.
• Travel information.
• Other communications relating to the people or events involved.

Do not ask someone else to delete material either.

The better approach is to preserve potentially relevant evidence and let your attorney determine what is important.

Don’t try to coordinate witnesses

If other people were present before, during, or after the alleged incident, you may want to contact them immediately.

Be very careful.

Do not ask anyone to change, coordinate, or “fix” their story. Don’t tell witnesses what you think they should say. Don’t pressure someone to provide evidence favorable to you.

Instead, tell your attorney what you know about potential witnesses.

Your attorney can determine how witnesses and evidence should appropriately be handled.

If the detective asks you to come to the precinct

Don’t automatically assume that “come in and talk” means you are merely being asked to have an informal conversation.

If the detective wants you to appear at a precinct, contact your lawyer first.

There is a substantial difference between voluntarily appearing for an interview and appearing after counsel has determined that a surrender or other formal procedure is appropriate.

Your lawyer can communicate with the detective and determine whether an interview is appropriate and, if an arrest is expected, how the surrender should be handled.

If you believe the accusation is completely false

A false allegation can be devastating.

You may be angry, frightened, or desperate to expose what you believe is a lie.

Resist the urge to retaliate.

Do not threaten the complainant. Don’t post about the accusation online. Don’t send angry messages. Don’t encourage friends or family members to confront the complainant.

Instead, give your attorney the complete story—including facts you may consider embarrassing or unfavorable—and provide information about potentially helpful evidence.

Your lawyer’s job is to evaluate the situation and determine the appropriate defense strategy.

What if the detective says you are not under arrest?

Even if a detective says:

“You’re not under arrest. We just want to talk.”

You should not assume that the conversation is risk-free.

You may indeed be free to leave. But the detective may also be attempting to gather information as part of an active investigation.

The important question isn’t simply whether you are technically under arrest at that moment. It is whether speaking with investigators without legal advice is in your best interests.

What if the detective says they want to hear “your side”?

You may hear something like:

“We’re just trying to get your side of the story.”

That can sound reassuring.

But remember that anything you say can become part of the investigative record. A seemingly minor inconsistency can later become significant when compared with statements made by other people or evidence investigators have obtained.

This does not mean that you should lie, destroy evidence, or evade investigators.

It means you should make an informed decision about whether and when to provide a statement—with the advice of counsel.

What happens if you are arrested?

If prosecutors decide to bring charges, the case can proceed through the New York criminal court system.

The NYPD explains that when a District Attorney’s Office decides to file charges, the charges are presented to a judge for arraignment. The NYPD also notes that people charged with crimes have the right to an attorney and that an attorney can be retained or, for those who qualify, appointed by the court. 

Depending on the circumstances, the case may involve an arraignment, release conditions, an order of protection, additional investigation, court appearances, and eventually a resolution through dismissal, plea, trial, or another disposition.

An accusation is not a conviction.

The fact that someone made a complaint—and even the fact that police are investigating it—does not establish that the person accused committed a crime.

Don’t assume that the complainant controls the prosecution

Another common misconception is:

“If the complainant withdraws the complaint, the case automatically goes away.”

Criminal prosecutions are brought by the government, not by the alleged victim personally.

The NYPD explains that when charges are filed, the District Attorney’s Office prosecutes the case on behalf of the State of New York rather than on behalf of an individual victim. 

Accordingly, attempting to persuade the complainant to “drop the charges” may not accomplish what you expect—and contacting that person could create additional problems.

What should you do immediately?

If you receive a call from an NYPD Special Victims detective concerning an alleged rape or sexual assault, a sensible checklist is:

1. Stay calm.
2. Write down the detective’s information and what was said.
3. Independently verify the detective’s identity if necessary.
4. Contact a New York criminal-defense attorney experienced in sex-crime investigations.
5. Do not provide a substantive statement before obtaining legal advice.
6. Do not contact or pressure the complainant.
7. Do not delete or alter potentially relevant evidence.
8. Do not coordinate witness accounts.
9. Do not lie to investigators.
10. If police request that you appear at a precinct, let your attorney advise you about how to respond.

The bottom line

A telephone call from an NYPD Special Victims detective should be taken seriously—but it is not the same thing as a conviction, and it does not necessarily mean that an arrest has already been authorized.

The most important thing is to avoid making an irreversible mistake during the first few hours of the investigation.

Don’t panic. Don’t retaliate against the complainant. Don’t destroy evidence. And don’t assume that you can make the investigation disappear by giving detectives an immediate explanation.

Instead, preserve information, remain respectful, and speak with an experienced New York criminal-defense attorney before making substantive decisions about an interview or surrender.

The NYPD’s Special Victims Division is specifically responsible for investigating sexual-violence complaints in New York City. 

If you are contacted as a potential suspect, obtaining counsel early can allow you to understand what is happening and make informed decisions while protecting your legal rights.

This article is for general informational purposes only. It is not legal advice and does not create an attorney-client relationship. New York criminal procedure is highly fact-specific. Anyone contacted by law enforcement concerning an alleged rape or sexual assault should consult a qualified New York criminal-defense attorney promptly.