Sex Crime Accusations and Social Media: What Not to Do
Introduction
If you’re accused of a sex crime in California, your social media presence can either hurt or help your defense. Anything you post—even if deleted—may be used against you in court. Prosecutors, investigators, and even alleged victims’ attorneys routinely comb through Facebook, Instagram, Snapchat, TikTok, and messaging apps for content that could suggest motive, guilt, or character issues.
This article outlines the key mistakes to avoid on social media after a sex crime allegation and how to protect your digital footprint during a criminal investigation or prosecution.
Why Social Media Is High-Risk During a Case
Digital posts, likes, comments, private messages, and photos can all be subpoenaed—even those you think are private or have been deleted. Social media activity can be misinterpreted or taken out of context, especially in sex crime cases. Examples of risky behavior include:
- Posting emotionally charged messages about the case or the accuser
- Communicating with alleged victims, witnesses, or mutual friends
- Sharing sexually explicit content or jokes
- Deleting posts after learning of an investigation (may be seen as destruction of evidence)
In high-stakes cases, even innocent actions can be spun by the prosecution to imply guilt or poor character.
What to Avoid Posting or Messaging
While your instinct may be to defend yourself online, doing so could backfire legally. Avoid:
- Making public statements about the case
- Reaching out to the alleged victim or their family
- Engaging in debates or arguments about your situation
- Joking about sex, crime, or violence
Instead, lock down your accounts, avoid posting new content, and consult with your attorney about digital evidence protocols. In some cases, your defense team may recommend preserving certain content for use in court or preparing a strategy to counteract damaging online narratives.
