Falsely Accused of Sexual Assault: What to Do Now?

 

No one wants to end up on the defense side of the table in a courtroom especially for a crime they didn’t commit—particularly a sex crime.

Yet this happens more times than most people realize.

People have spent lifetimes in prison for crimes they didn’t commit. We hear the stories on the news when an innocent person gets released from prison after serving a long prison sentence.

These stories should instill fear in all of us, as they remind us that such events can happen to anyone. False accusations can arise from honest mistakes, but at times, they stem from malicious intent aimed at getting someone into trouble. In some cases, the police and prosecutors believe through evidence that the accused is actually guilty of a crime even though they are not.

Police take sexual assault of any kind very seriously, and will investigate these allegations vigorously. While the principle of “innocent until proven guilty” applies in criminal courts, sexual assault allegations present a different challenge. When faced with such charges, individuals often find themselves presumed guilty until they can prove their innocence.

Many things besides criminal charges happen when someone is accused of sexual assault even if they are never convicted. A person’s life could be irrevocably changed when charged with sexual assault, especially when these accusations are false.

The only way to fight false accusations of sexual assault is to hire an expert defense team to strategically fight the false charges against you.

If you or a loved one is facing sexual assault charges, contact The Defenders. With offices in Las Vegas and Reno, our team has the experience and knowledge to defend you against these serious charges. We understand this is a difficult time for you, and we will take every step necessary to ensure your rights are protected and that you get the best possible outcome for your case. Contact our office today for a free case evaluation.

What to Do and Not to Do if Falsely Accused of Sexual Assault

Discovering that you are being charged with sexual assault or facing arrest for such an accusation is perhaps one of the most distressing situations one can imagine encountering.

Just the whisper of sexual assault charges, especially if they involve children can destroy someone’s life.

It is essential to stay calm, keep your wits about you, and maintain focus in order to move forward and prove your innocence.

There are a few steps that you should take that can improve the circumstances at the time.

Do Not Speak to the Police

If you are innocent of a criminal accusation like sexual assault your first instinct is to set the record straight and defend yourself. Never do this. The police know that you will want to defend your position and ask you to answer their questions.

Any questions you answer can and will be used against you in court. Police are allowed to lie to you to get information out of you. You are also not aware of what the police are looking for and by answering their questions you may end up giving them the information they need to arrest you.

Avoid speaking with the police. If they have probable cause to arrest you, they will proceed regardless of whether you engage with them. If they lack probable cause, refrain from providing any by answering their questions.

Lawyer Up

Being charged with sexual assault places you at a significant disadvantage from the outset. The starting line in this case is never equal; you’re already far behind.

The penalties for sex crimes are harsh and can even end up with prison sentences that are life sentences. That’s why you want to have a good lawyer on your side. Your lawyer will be the liaison between you and the investigators.

A good defense lawyer will have taken on these cases before and knows what the best defense should be for your particular case.

Do Not Speak With Anyone About the Case

Everyone wants to lean on their friends and family when a crisis occurs.

Criminal charges are not different. If the police are investigating you for sexual assault, you can bet at some point they will interview your friends or family.

There is no privilege for friends or family in Nevada. The only ones with privilege are your spouse and your lawyer.

Everyone else is fair game.

Stay Calm

The calmer you are, the better things might turn out. It is understandably hard to maintain calm during this extremely trying time.

Never contact the accuser or the victim. This can be seen as indicative of guilt and can also be added to charges for violating a protective order if one is in place. Yes, you want to clear your name but reacting badly can land you in more hot water than you already are.

Follow these steps, but always consult your attorney for any matters related to the case, especially when facing these charges, regardless of their validity.

Reasons for False Sexual Assault Charges

There are three main reasons that people are falsely accused of any crime including sexual assault.

1. Honest misidentification: As advancements in DNA and other evidence-gathering techniques continue, courts are increasingly moving away from relying on eyewitness identification. The human brain doesn’t function like a video camera; it can mislead us, particularly during traumatic situations, making it challenging to accurately identify a suspect.
2. Police misconduct: Police should never lead individuals’ responses during interrogations, yet this occurs frequently.
3. Revenge: This is one of the most egregious acts imaginable—someone is out to harm you by falsely accusing you of a crime you did not commit. Such situations often arise in the context of exes disputes and child custody battles. One party might allege that the other is guilty of sexual assault in an attempt to gain custody of their children. This tactic not only undermines justice but also constitutes a crime in its own right. Falsely accusing someone of a crime can lead to serious legal repercussions for the accuser as well.

Why Do I Need a Lawyer if I’m Innocent?

Being innocent does not mean you don’t need a lawyer, particularly if you are falsely accused of a sex crime in Nevada.

In Nevada, the consequences for sexual assault are severe. A conviction could result in a life sentence in prison, along with the requirement to register as a sex offender.

In addition to the criminal penalties associated with a sex crime conviction, many overlook the severe consequences of such charges. These can include strict limitations on where one can live or go, such as restrictions on residing near schools.

Registered sex offenders must stay a certain radius away from any school area.

Another consequence is the reduced availability of employment opportunities. A criminal conviction may deter employers from hiring you, especially if their business involves working with children in any capacity.

There is also a moral stigma that comes with being convicted of a sex crime of any kind.

So, if you didn’t commit this crime you need to hire a criminal defense lawyer immediately.

Prosecutors will throw everything at a sexual assault case to ensure that defendants are convicted.

There are usually only two witnesses to a sexual assault case: the accuser and the defendant. Your word against theirs.

Your defense could investigate the allegations against you and find the accusations are false and have the charges dropped before it heads to court.

Using depositions of witnesses, surveillance video, phone records, DNA evidence, and other corroborating evidence your attorney can disprove the accusations against you.

Most false sexual assault charges arise from either a witness’s error or personal vendetta. Law enforcement takes allegations of sexual assault seriously and often approaches investigations with a bias toward the accuser, despite the fact that this should not be the case.

Hiring a lawyer isn’t just an option; it’s essential. It could protect you from life-altering consequences that you would otherwise face if you committed a crime.

Call The Defenders today if you have been accused of a sex crime that you didn’t commit.

Frequently Asked Questions