A pretext call is a recorded call between two people done under the supervision of law enforcement. These calls usually take place between the victim of a crime and the suspect of the committed crime and are most commonly done for sexual assault cases. The call can also be made by a friend, stranger, child, acquaintance, or undercover police officer. Pretext calls can be made days, weeks, or months after the suspected crime was committed. Generally, these calls happen before the suspected person knows that he or she is being investigated.
Since a lot of sexual assault cases are reported days, months, or years later when there is no DNA evidence, the case becomes a “he said, she said” situation. In order to prosecute the suspect, police want the story corroborated. And who better to corroborate it than the suspect?
Pretext calls are used as investigative tools by law enforcement and anything said on the recording can be used against the suspect in a criminal case and during a trial. Law enforcement also used these recordings during interviews in hopes it will lead to a confession.
Pretext calls are usually roughly scripted with specific phrases for the victim to say in order to get a specific response from the suspect. For example, a pretext caller might say, “Why did you have sex with me while I was drunk? I tried pushing you away from me but you did it anyway.”
Contact can also be made by text message or email, as opposed to a voice call.
In California, under Penal Code 633, law enforcement is authorized to set up a pretext call and tape them as long as they are acting within the range of their official police duties.