What’s more stressful than being falsely accused of sexual assault? A false allegation could harm your business, career, or even soil your name. Wrath, distress, and shame are emotions that bombard you when facing such a charge. You worry about your community stigmatizing and ostracizing your relatives and kids.
The prosecutor could drag you in court even for the minutest sexual assault claim. Also, arresting officers have little discretion, so they must arrest you if someone reports you for sexual assault. Police pursue all assault allegations, whether grabbing someone else’s buttocks or unconsented patting. After arrest, you could wonder what step to take next!
If the prosecution charges you with sexual assault, you could get help from a California criminal attorney and possibly make your life and that of your loved ones bearable again. Reputable criminal defenders know the full spectrum of hurdles in the justice system and the suitable maneuvers. Your defense attorney could represent you in court not only with courage but also with compassion. In this writeup, you learn what to do when another person makes sexual assault claims that are false against you.
Motivations for False Claims of Sexual Assault
Not many would believe if you told them that your sexual assault charges are false. However, in the past, you have seen in the news or read on blogs that people falsely accused others of sexual assault. There are several reasons why someone else could make these false claims. These motives include:
The Plaintiff Could Be Seeking Revenge
Someone can make false claims about you sexually assaulting them when they are seeking revenge. They could do this after you have had a dispute or wronged them in other ways. The accuser could understand that the law is harsh on sex offenses, and it’s hard to prove that you never assaulted them. They derive pleasure by seeing you lose your job or support from your loved ones.
You Accuser Could Be Ashamed
Shame experienced after consenting to sexual intercourse could make your accuser fabricate a sexual assault story. Proving that you are innocent in a situation like this is tricky, as providing evidence for voluntary sex is almost impossible. Another gray area in the justice system is that victims of sex crimes receive much support while the accused are presumed to commit the offense even before facing charges.
Seeking to Conceal an Extramarital Affair
Imagine your sex partner’s spouse finds about their extramarital relationship with you. The spouse in the wrong (your sex partner) could make false claims that you sexually assaulted to cover up for the mistake. They could make the claims with the intent of saving their relationship or reputation.
Steps to Take When Falsely Charged with Sexual Assault
If someone else falsely accuses you of sexual assault, it is best if you take the claims seriously. While the accusations could appear absurd, the consequences could destroy your life. Imagine going to prison and getting separated from your family. You could lose your prestigious job and have your savings drained after paying hefty fines.
Talk to Your Defense Lawyer
The first thing you should do if you are facing false charges for sexual assault is contacting a California criminal attorney. Your lawyer is the best person to respond to the allegations and build a solid defense against the damaging claims. Also, they could guide you on what steps to take further to protect your rights.
Don’t Say Anything About the Claims
Under no circumstances should you talk about the claims with your relatives or friends. You also should not try making contact with the accuser even though they are your lover, work colleague, or friend. Remember that your statements could be used against you in court. There is nothing that the prosecution loves more than using statements you disclose to the accuser, friends, or loved ones to incriminate you.
Don’t Speak The Law Enforcement Officers
You are likely to incriminate yourself if you talk to the police about your allegations. Don’t think that talking to the police might dismiss the accusations against you. Invoke your Miranda rights when the police ask to interview you. Instead, request to call your defense lawyer before the police can question you.
Create a List of Potential Witnesses
In a relaxed state, try remembering persons who could have seen you with the accuser. You can depend on your witnesses to provide an alibi or give an account of what ensued on the hateful day you are said to commit sexual assault. Witnesses could also be persons who the accuser has falsely accused before for a similar crime. Busting, the plaintiff’s character takes you closer to your freedom.
Create a Timeline
A timeline consists of events leading to the incident. You want to recall what happened and write the details down before your memory fades. You could use these details to defend yourself. Other information that could help to prove your innocence is text messages, social media texts between you and the plaintiff. Compile all this information and hand over to your criminal defense lawyer.
Move Swiftly and Protect Your Legal Rights
A false sexual claim could break your family, crumble your career, and make you spend many years locked in state prison. Time is of the essence when facing sexual assault charges. There are several motives an accuser could have when accusing you. As explained above there are several reasons for false allegations and what you should do when facing charges. For instance, looking for witnesses, avoiding contact with the accuser, and building a list of witnesses. Also, you want to hire a California criminal attorney asap to offer you expert legal counsel and representation to curtail the effects of false sexual assault claims.