Q: Can I be charged with the crime of sexual assault if there is a false confession on Facebook messenger?
My ex alleged I committed sexual assault against her over a year after she said it happened. She deleted five years worth of Facebook messenger conversations between her and I on my phone, maybe hers as well. In three screenshots (not whole conversations) I seemingly falsely confess to it, along with multiple personality disorder in an ongoing bid to break up with her after she continuously threatens to kill herself if I break up with her.
I do not have a mental illness and I never sexually assaulted her, I just wanted to break up with her.
I have already been investigated for another alleged sexual assault she said I committed against her in another county (Kane, Illinois). There I was briefly detained, interrogated, released and the state's attorney did not prosecute me.
Then she reported me to Elk Grove Village police for her allegation which she says happened before what she is accusing me of in Kane county.
A: The bottom line is that if the prosecutor reviews all of the evidence and besides that they can prove you guilty of a crime in court, they may charge you with whatever they think they can prove in court. This is a decision that will be made by the prosecutor. I would recommend that if you are questioned by the police that you should not answer any of their questions and tell them that you want a lawyer. If you believe that you are under investigation I would suggest that you consult with an experienced criminal defense attorney to protect yourself and have your questions answered.
Juan Ooink agrees with this answer
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