Roughly every 98 seconds, someone in the United States is sexually assaulted.
While sexual assault is a serious crime that deserves serious consequences, it’s not impossible for someone to be wrongly accused of sexual assault.
If you’ve found yourself on the receiving end of false blame, your life likely just got a lot more difficult. Luckily, though, there are steps you can take to clear your name.
Let’s take a look at what to do if falsely accused of sexual assault.
Understand The Situation
Some people tend to think that because they are innocent they don’t need to take the necessary steps to protect themselves from legal action. Unfortunately, this is the opposite of the truth.
Regardless of how honest you may be about the situation or how deceptive your accuser may be about what happened, the other side is working to make sure that you’re punished.
Therefore, you need to understand failing to defend yourself could result in criminal charges against you, tarnishing your reputation. In the event that you are convicted, you’ll be forced to register as a sex offender.
This, of course, will drastically reduce your quality of life and must be avoided at all costs.
When you defend yourself in court, you’re going to need some help. As soon as you find out you’ve been wrongly accused, it’s time to…
Lawyer Up
One of the worst things you can do is speak to the police without a lawyer present.
The accusing party’s attorney can use any statements you make to the police against you, even if they’re taken out of context.
For example, saying something like “It was 100% consensual. We had some drinks throughout the night and eventually moved things to the bedroom” can easily be spun to omit the statement about consensuality and frame you as a drunken offender.
You should also avoid making any statements to witnesses or anyone else involved in the case without first reviewing the situation with your attorney. In the event they are called to testify, your statements may be used against you.
Once you have a reliable criminal attorney, you can begin to prepare your defense, which leads us to our next step.
Gather Evidence
Compiling evidence is crucial if you want to have the highest chance of defending yourself in court, and it’s often a long and trying process.
But, if you’re thorough, evidence will be what saves you from your false accusation. It should be your first priority to…
Document Everything
Write down as much as you can about your case, even if you think some of the details aren’t important. This includes things like what time you met with the accusing party, the name of your Uber driver, what drinks you both had (if any), etc.
The more information you have to present to the judge, the better. This is especially true if the accusing party didn’t compile their evidence as thoroughly.
But, you shouldn’t bank on this occurring and should assume the prosecution is going all-out against you.
List The Witnesses
You can drastically help your case if you have witnesses that can support the credibility of your claim.
Let’s take these two parallel scenarios, for example.
Scenario A:
John and Emily meet at a bar together one evening while out with a group of friends. After drinking for most of the night, Emily tells her roommate she finds John attractive and wants to relocate to their apartment.
Later that night, Emily regrets her decision. She is overcome with guilt and decides to file a sexual assault charge the next day.
John uses Emily’s roommate as a witness in court. She is able to confirm Emily’s original intentions and also mentions a conversation that occurred the morning after where Emily said she wished the event hadn’t happened.
Scenario B:
John and Emily happen to meet at a bar. After a few drinks, Emily mentions her roommate is out of town and that they should go back to her place.
The pair has sex later that evening, and John takes an Uber home early in the morning. Emily, overcome with guilt, decides to file a sexual assault charge.
In court, John has nobody to call to the witness stand to give any information about what happened after he and Emily left the bar.
As you can see, John in Scenario A has a much better chance of defending himself successfully in court. Thus, you should consider absolutely anyone involved in the case who may be able to help you, no matter how insignificant their role may seem.
Budget For Your Defense
Defending yourself can be expensive, but it will always cost less than getting convicted.
You’ll need to consider things like hiring investigators, potential psychological evaluation, and the general costs incurred during the discovery period.
When it comes to your reputation (and your future), it will always be worth the price. So, don’t cut any corners that you could end up regretting in the courtroom.
Now You Know What to Do If Falsely Accused of Sexual Assault
But, that’s why legal professionals exist.
As long as you remain calm while thinking about what to do if falsely accused of sexual assault and invest in your legal defense, there’s a solid chance that you’ll come out on top and be able to put the whole situation behind you.
Want to learn more legal advice that can help keep you out of trouble? Check out the rest of our blog!
