Sexual assault allegations carry extremely serious penalties.
A conviction can result in the loss of a person’s job, freedom, money, and reputation. A person who is convicted of a sexual offense be required to register as a sex offender for the rest of their life, which can affect their ability to work and where they can live.
Unfortunately, false claims of sexual assault are common. It is important to know how to handle a false accusation if it happens to you or a loved one.
Common Reasons Behind False Sex Assault Allegations
False accusations of sex crimes are common for many reasons.
One common example is when an angry ex-spouse or lover lashes out and makes a false accusation with the purpose of revenge. Or teenagers may make false accusations if they are angry with that parent or want to live with a different parent or relative.
Another common example of false accusations is when one parent or a teacher makes an accusation after misinterpreting a child’s statement. In this type of case, the adult may repeatedly question the child about the incident, causing the child to answer questions because they want to please the person who is doing the questioning. While most people don’t like to believe that children intentionally lie about serious crimes, children are prone to imagination and fantasy, plus they rarely comprehend the gravity of not telling the truth.
In some cases, a parent or other adult may work hard to try to convince the child that the event really happened. This is especially common during child custody situations when one parent is trying to gain custody.
Other types of false allegations include events that happened but were not perpetrated by the person who is accused. In other cases, some events actually did occur, but the accuser adds other details or allegations that are completely false.
How to Defend Against False Accusations
It’s important for a person falsely accused of a sexual offense not to confront their accuser. This can be interpreted as trying to intimidate a witness and influence his or her testimony. It may be used against the defendant in court and in some cases, could even possibly result in another charge.
A person accused of a sex crime should not discuss the charge with anyone except his or her attorney. Jail calls and letters to loved ones are monitored and recorded and may be used in court if the person makes any reference to the crime that could be considered incriminating.
A person incarcerated in jail awaiting trial should also not discuss any allegations with other inmates because some inmates are motivated to provide information to law enforcement to try to gain an advantage for themselves in their own case.
Anyone accused of a sex crime should also avoid speaking to police without their attorney present. The right to remain silent is guaranteed by the United States Constitution, and the fact that a person did not make a statement to police cannot be mentioned by the prosecution if the case proceeds to trial. Police may try to convince a person that it’s in their best interest to make a statement, but it’s not a good idea to do so without an attorney present.
A false accusation that’s later discovered to be unfounded can still have damaging consequences to a person’s life, such as incarceration while awaiting trial, legal fees, job loss, and permanent reputation damage. Anyone accused of a sex offense should speak with an attorney who has experience defending sex crimes as soon as possible. Speaking to a lawyer right away can help a person understand the legal process and develop a strategy for defending against the claim.
A criminal defense attorney may be able to help clients falsely accused of a sex crime develop a solid strategy for their defense. After a person is arrested, law enforcement officers create a report about the conduct and forward it to the prosecuting attorney’s office for charges to be filed. If the victim is a child, the child may be interviewed by a person such as a social worker who is trained to interview child sexual abuse victims.
After being hired, a lawyer will obtain any reports, videos, and other evidence the state intends to use. The attorney may then conduct his or her own investigations about the events and consult expert witnesses to prepare the case for trial.