What do I do If I am Falsely Accused of Sexual Assault?
A sexual assault allegation is one of the most serious accusations that a person can make. While false allegations are rare, they can and do happen. A false allegation of sexual assault can ruin your reputation and have life long consequences. The penalties for sexual assault are some of the harshest penalties in the law. Thinking that the case will simply go away because you know you are innocent is a mistake. You must understand the how serious these allegations are and start preparing to defend yourself. Unfortunately, there are times when a person may use the seriousness of a sexual assault allegation in child custody disputes or divorce proceedings, or to seek some type of revenge. From the moment you suspect someone may be trying to falsely accuse you, you must prepare to defend yourself.
- First, do NOT make any statements to anyone. Do not attempt to contact the person making the allegations, do not attempt to have a friend or family member talk to that person on your behalf. Anything you say to anyone can be used in court against you. Do not put yourself in position where the government can twist your own words against you, or make it seem as if you are trying to tamper with witnesses. Do NOT text, call, write your accuser.
- DO NOT talk to the police. Do not think that you can simply go tell them the truth and make it go away. Do not make any statements of any kind to the police. Invoke your right to silence and USE It. Do not talk to the police without a lawyer. The police may tell you that you can come in and clear it all up. DO NOT speak to them without a lawyer present. The police may suggest that you can take a polygraph and clear it up. DO NOT accept that offer. Retain a lawyer, and advise the police that any and all contact with you should be through your counsel.
- Make a list of people who are potential witnesses. Think of people who have seen you with the person making the allegations, people who may provide an alibi, people who may have been falsely accused by this person before. Any texts, voice mail messages, facebook or other social media messages between you and the accuser may be helpful. In the age of living our lives online, there is often times information on social media which can help prove your case. Compile all of that information. Think of reasons why the person is making the accusation. Custody battles sometimes prompt false allegations. Prepare this information and get it to your lawyer.
- Contact Attorney Michael DelSignore immediately at 781-686-5924. Be sure to find an attorney who specializes in sexual assault cases. Sexual assault cases are different that other criminal cases and require an experienced lawyer. An experienced sexual assault lawyer will know how to use the information you have compiled, and can help you prepare to fight your case.
If you are falsely accused of sexual assault, you want to go in armed and prepared.