What Constitutes a False Allegation of Sexual Assault?
False accusations of sexual assault or a related sex crime can take many different forms. Three of the most common scenarios include:
- No sexual contact occurred at all. In these cases, an accuser may have completely fabricated the incident, driven by motives such as revenge, jealousy or a desire to manipulate a legal situation, such as a custody battle.
- The sexual contact that did occur was consensual. In these cases, although sexual penetration or contact may have occurred, the argument is that the encounter was agreed upon by all parties involved at the time. The accuser may later claim the encounter was non-consensual due to regret, guilt, or pressure from third parties.
- The actual culprit was someone else. Although less common, the accused can sometimes be mistaken for the actual perpetrator, whether this is intentional or accidental on the part of the accuser.
Sex Crimes Defense: Be Your Own Advocate
By this, we DO NOT mean that you should try to defend yourself in court. Having an experienced sex crimes attorney is crucial when fighting for your rights in a false allegation case. However, we do highly recommend becoming familiar with the charges against you, so you can be your own advocate throughout the legal process. The more informed you are about your own case, the better equipped you will be to assist in your defense. Don’t blindly go along with what your lawyer tells you to do; instead, take an active role in understanding the legal process, the evidence against you, and potential defenses to ensure the best possible outcome.
Common Defense Strategies in Sexual Assault False Accusation Cases
Your accuser is lying, and no sexual contact occurred.
In the event of a total fabrication on the part of the accuser, the defense will typically employ some or all of the following evidence.
- Text messages, emails, or other communications revealing a motive to lie or outright admitting to the lie
- Witnesses who may have overheard discussions about fabricating the accusation
- Testimony from an expert medical witness who can demonstrate that alleged injuries were self-inflicted
The act in question was consensual.
To establish this conclusion, your defense attorney may employ the following.
- Communications between you and the accuser suggesting a consensual relationship
- Eyewitness accounts of your interactions before or after the alleged incident
- Expert medical testimony challenging the accuser’s claims of force or injury
Other Common Defenses
- You have an alibi that places you somewhere other than the scene of the crime at the time the crime occurred.
- The victim wrongly identified you as the perpetrator (i.e. a case of mistaken identity).
- The prosecution lacks the evidence necessary to prove your guilt beyond a reasonable doubt.
The Role of Alcohol in False Sex Crime Allegations
Because intoxication can lead to misunderstandings, clouded judgment, and impaired memory, it should not come as a surprise that alcohol plays a role in many instances of false sex crime accusations. For example, an accuser may retroactively withdraw consent after sobering up and regretting drunken actions. However, it is important to note that just because someone is under the influence does not mean they no longer have the ability to give or withdraw consent, making situations like this one especially complex.
You’ve Been Falsely Accused of a Sex Crime. What Next?
If you are facing a sex crime allegation that you believe is false, it’s crucial to remember that you have several legal avenues available to you. The attorneys at MBS Law have countless years of experience representing individuals in these types of cases and can help you craft the best possible defense for your unique situation. Our team will ensure that your side of the story is heard and that your rights are protected throughout the legal process.
Besides finding an experienced legal team, we highly recommend taking the following steps if you are facing allegations of this kind.
- Document everything related to the accusation. This includes preserving any communications with the accuser (do NOT delete texts, call logs, etc.), making note of potential witnesses, and recording your own account of events while they’re fresh in your mind. This information can be invaluable to your Denver sex offender lawyers as they build your defense strategy.
- Understand the charges against you. Sex crimes in Colorado can range from misdemeanors to felonies, each with different potential penalties. Your Colorado sex crimes attorney can explain the nuances of your charges and what they mean for your case.
- Avoid contact with your accuser, their friends, and their family. While it may be tempting to contact your accuser or their loved ones, we encourage you to avoid doing so. Unfortunately, attempts at communication can be misinterpreted or used against you in court. Your Denver sex crimes defense attorney can effectively handle the communication related to your case.
We also want to highlight the importance of taking care of your mental health throughout this process. Being falsely accused of a sex crime is a traumatic experience, not to mention the added stress that legal proceedings can cause. Consider seeking support from a licensed therapist or counselor who has experience working with individuals in situations similar to your own. Remember – you are not alone.
Don’t let a false accusation define your future. Contact Mastro, Barnes & Stazzone, P.C. (MBS Law) today to start building your defense. We are in this together.
