If you are arrested for Rape or Sexual Assault (God forbid), the first thing you need to do is stop talking about what happened. You are not on trial, you do not have an attorney with you protecting your rights, and there is no jury to convince that you are being truthful when you say it was consensual sex. You are in custody for Sexual Assault, you have been advised of your right to remain silent, and the cops are NOT there to help you get this straightened out. This the worst possible time for you to try to explain why you are not guilty, and anything you do say can be used against you.
Keep your mouth shut, and wait for your lawyer. If you say that it was consensual sex, you have just admitted that you had sex with the 'victim', an element of the charge that the State had to find a way to prove until you gave them the proof by admitting it. There will be time enough for your lawyer to claim it was consensual and anything the lawyer says cannot be used against you.
When you are advised of your Miranda rights, ask for a lawyer. When the cops put the Miranda form in front of you, write on it, I WANT A LAWYER before you sign it. Every time you are asked a question, say I want a lawyer. If you don't, the Courts are likely to decide that you gave up your right to remain silent. If that happens, anything you say, and that means ANYTHING can be used against you by the prosecution and it can be 'interpreted' to mean things you never meant when you said it.
If you are arrested, assert your rights, and ask for a lawyer.
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