Rape and sexual assault - how police use Pretext phone calls to gather evidence
What is a Pretext phone call?
When police investigate sexual offences in Queensland, they may use pretext phone calls as a tactic to obtain evidence. These calls involve the complainant, under police guidance, calling the defendant to engage in a conversation that is secretly recorded. The goal is to elicit an admission of guilt.
Pretext calls are a legal and widely used investigative tool, and anything said during these calls can be used as evidence in court. They can occur immediately after an alleged incident or even years later, depending on when the complaint is made. Police may also arrange multiple calls to increase the chances of obtaining incriminating statements.
How does a Pretext phone call work?
The complainant calls you unexpectedly
You will not be warned that the phone call is being recorded
You will not be warned that the police are involved
The complainant will ask you questions trying to elicit admissions of guilt from you
If you make admissions, the prosecutor will likely try and rely on it as evidence in court
Why a pretext phone call could jeopardise your criminal defence
Pretext phone calls pose a serious risk in criminal law cases, particularly in sexual offence investigations. These calls are recorded without your knowledge and are designed to catch you off guard.
Many clients come to our criminal lawyers, after they have already participated in a pretext call, only later realising that something felt off. At the time of the call, they had no idea they were speaking under police supervision. By the time police approach to inform them of an investigation, the damage may already be done.
Anything you say during a pretext call is likely admissible in court. The complainant, often emotional, may frame questions in an ambiguous way, leading to misinterpretations. Many clients instinctively try to calm or appease the complainant, sometimes agreeing to things they do not mean or even apologising—without realising this could be seen as an admission of guilt.
These calls are carefully planned by police to obtain statements that can be used against you. That is why understanding their dangers and seeking immediate legal advice is critical if you suspect that there may be sexual offence complainant against you.
Are Pretext calls legal in sexual offence cases?
Yes. Under Queensland law, pretext calls are legally admissible evidence. Courts generally uphold the use of pretext calls because:
The defendant chooses to speak to the complainant, meaning there is no forced confession
The complainant is usually not considered a ‘person in authority’, so the defendant is not under pressure to respond in a particular way
Police do not need to inform the accused that the call is being recorded
How to protect yourself?
If you suspect you are being investigated for a sexual offence, you should:
Avoid answering unexpected calls from the complainant, their friends, or unknown numbers
Do not engage in conversations about the allegations, no matter how casual or emotional the discussion seems
Never apologise or try to explain yourself - even saying ‘I don’t remember” can be misinterpreted
Seek legal advice immediately before speaking to anyone about the allegations
Why early legal advice is crucial
A single statement made during a pretext call can be the difference between being found guilty or not guilty. Many people unknowingly incriminate themselves by trying to clarify or defuse the situation but in fact may disadvantage their defence strategy.
At Ashworth Lawyers, our Brisbane criminal lawyers are highly experienced in rape and sexual assault cases. If you believe you may be subject to a pretext call or a police investigation, contact us immediately for confidential legal advice.
© 2025 This article is for general information only and is not legal advice. If you are facing charges or need advice about your specific situation, our experienced criminal defence lawyers are available now.