Being falsely accused of sexual assault can have a negative impact on your
entire life. However, what may have appeared to be a consensual encounter
could be misconstrued as sexual misconduct shortly afterward.
So what do you do if you have been falsely accused of rape or another form
of sexual assault? Below are several tips for what to do—and not
to do—if you or a loved one face false accusations.
The following are the proper steps to take if you are accused of sexual assault:
Realize the seriousness of the accusation. As soon as you find out about the false accusations, you must build a
strong case to prove your innocence Although it is natural to think that
if you didn’t do it, thinking you will obtian a favorable outcome
once the case concludes or you could explain your perspective of the situation
during trial, ignoring the issue or failing to take immediate legal action
may result in much deeper troubles than you started out with.
Retain experienced legal help from a lawyer. You need to hire an experienced
criminal defense attorney who can help you develop an effective defense strategy. You are
guaranteed the right to a lawyer by the U.S. Constitution, and conversations
with your attorney are protected under lawyer-client privilege. Your lawyer
can help you to properly deal with the accuser’s threats, protect
you from self-incrimination, negotiate with prosecutors, and help you
develop an effective defense against the charges.
Don’t say anything. Do not agree to speak to law enforcement without having a lawyer present.
Remember, you have a right to remain silent, even before the police read
you your Miranda rights. Anything you say can be used against you in court.
Build your defense. Write down as many details as possible about your interactions with the
alleged victim, creating a visual timeline. Gather a list of potential
witnesses to the alleged events or those who can provide an alibi for
you. Additionally, you will want testing, such as psychological tests,
which disproves the allegations against you. All of this comes at a cost.
If you have been falsely accused of a
sex crime in Ventura County, CA,
contact Appel & Morse and schedule a free criminal consultation with our Santa Barbara criminal defense