What to Do if You Have Been Falsely Accused of a Sex Crime

February 2019

If you have been accused of a sex crime, you are not alone. Studies report that up to ten percent of all sex allegations are false. It is important to be aware however, that these charges must be taken very seriously, and it is necessary to protect yourself in every way possible. If convicted, these crimes have life changing consequences which can include jail time, fines, probation, and the necessity to register as a sex offender. If you have been accused of a crime such as rape, child molestation or sexual assault it is important to immediately contact our office for advice and guidance.

 

 

Why Have I Been Accused?

It can be difficult to believe that someone would falsely accuse you of a sex crime, yet these types of accusations happen often. These allegations can arise for many different reasons, but some may include:

Mistaken Identity: Often these crimes happen in dimly lit places, or the accuser could have been under the influence of drugs or alcohol. They may genuinely believe that you are the perpetrator of the crime, but they are mistaken.

Your Accuser Is Embarrassed: Sometimes the accuser may have initially consented to sex, but later regretted their decision. They will then lie about the incident out of shame and embarrassment.

Retaliation: The alleged victim may have accused you of the crime in retaliation for another dispute. They know that these types of allegations will turn your world upside down, which is their intention.

 

What Should You Do?

You may be tempted to ignore the allegations and hope they just go away. However, because these accusations are very serious, it’s important that you take prompt action to protect yourself.

Contact a Lawyer: As soon as an allegation arises, it is important to take action and contact our office for guidance. The sooner we are involved, the better. We will immediately begin to determine the facts, gather evidence, and create an action plan moving forward to ensure your rights are protected.

Don’t Speak to Police: If you are questioned by police, it’s important to not divulge any unnecessary information. You may be outraged at the allegations and eager to set the record straight. Be mindful that anything you say could be misinterpreted and used against you. It is always best to be polite and cooperative but ask to speak to your lawyer immediately.

Create a Timeline: Memories fade quickly, and details can become blurry. As soon as possible, write down a timeline of events leading up to and including the incident.

Create a List of Witnesses: Creating a list of witnesses can be of great help to your defense lawyer. This list should include anyone directly or indirectly involved with the incident and should also include people who can vouch for you, or your accuser’s character.

Don’t Communicate with Your Accuser: You may be tempted to contact you accuser, or third party, and try and work something out. This could make matters worse. It is important that you speak to your lawyer first for guidance.

 

What Are Your Possible Defenses?

When you speak with us, we will identify possible defenses for your case based on the facts and circumstances surrounding the incident. Some possible defenses can include:

Consent: In many cases, it may be proven that the accuser is lying about their nonconsent.

Insufficient or Tainted Evidence: In order to be convicted, it must be proven beyond a reasonable doubt that the crime occurred. Many accusations turn out to have little evidence to substantiate them.

We understand that these allegations can be extremely scary and confusing. It is important to have an experienced lawyer by your side from the beginning of the process.

Contact our office as soon as possible for guidance.