Have you been falsely accused of sexual assault?
If so, you’re likely worried about how these unfounded allegations could affect your reputation or even your freedom.
An experienced attorney can explain what to do if you’re falsely accused of sexual assault and how to protect your rights.
Consider the Accuser’s Motives
If you’ve been falsely accused of harassment of a sexual nature, your defense strategy should take your accuser’s motives into account. People make false accusations of sexual assault for various reasons, including the following:
- Embarrassment or humiliation from having consented to sexual activity, including due to familial or societal taboos against sexual activity
- Mental health issues (e.g., the accuser imagined that a sexual assault occurred)
- False memories
- Mistaken identification (i.e., a sexual assault occurred, but the victim accused the wrong person)
- Seeking legal advantage in a divorce or child custody proceeding
- Retribution against the alleged perpetrator
- Seeking sympathy or attention
- Attempting to extort a civil settlement
Determining why your accuser may have accused you of sexually assaulting them can help you focus your case strategy toward challenging the reliability or credibility of the accuser’s allegations.
Gather Evidence to Build a Defense
Having substantial evidence can help you through the process of how to prove you didn’t sexually assault someone. This evidence might include the following:
- Voicemails, emails, or text messages between yourself and your accuser that could support a consent defense or undermine the credibility of the accuser’s allegations
- Social media posts
- Surveillance footage
- Cell phone tower logs
- Eyewitness testimony regarding your location during the alleged assault or your interactions with the accuser
- DNA testing, which may exclude you as a contributor to any DNA samples recovered from the accuser after the sexual assault
Identify Witnesses Who Can Support Your Version of Events
Finally, if you’ve been falsely accused of assault, start identifying individuals who may have relevant testimony to support your defense strategy. Potentially favorable witness testimony may include the following:
- Alibi witnesses who can place you somewhere else other than with the accuser when the alleged sexual assault occurred
- Eyewitnesses who can testify about your interactions with the accuser to support a consent defense
- Character witnesses who can testify about your nature to refute allegations that you would have engaged in sexual activity with someone without their consent or through force
You can best protect yourself by letting your Texas criminal defense attorney talk to potential witnesses. If you talk to witnesses, you may face further allegations of witness tampering or intimidation, especially if witnesses have a relationship with the accuser.
Contact an Experienced Criminal Defense Lawyer
Being falsely accused of sexual assault is a frustrating, even frightening experience, but it’s not one you have to go through alone. You need experienced, aggressive legal counsel to protect your rights and interests. Contact Broden & Mickelsen, LLP today for a free and confidential consultation with a knowledgeable sexual assault defense attorney in Texas. We can assess your situation and tell you about your legal options for fighting back against a false assault accusation.
