What to Do When You Are Falsely Accused of Sexual Assault

Written By: Moermond & Mulligan, LLC

Last Updated: 04-04-2024

Posted on Sunday, October 1st, 2023 at 9:00 am    

What to Do When You Are Falsely Accused of Sexual Assault

Being falsely accused of sexual assault in Cincinnati is one of the most challenging legal situations an individual can face. While you may know that the accusations are untrue, they may have significant adverse consequences for your reputation, livelihood, and liberty, even if you’re never convicted.

With so much at stake, if you are facing these damaging allegations, your immediate priority should be to seek the dedicated legal counsel of a sex crimes lawyer in Cincinnati. Knowing what steps to take at this challenging time can help maximize your chances of clearing your name.

What You Should Do First

False accusations of sexual assault can cause anyone to panic and feel overwhelmed. However, it is crucial to maintain the presence of mind to take the following steps as soon as possible:

  • Notify an experienced sex crimes defense lawyer. A seasoned criminal defense attorney will listen to your story compassionately and begin to craft a robust defense on your behalf.
  • Make a list of potential witnesses. One of the most crucial aspects of your defense will be the testimony of people who might be familiar with the accuser or your relationship with them. If they have seen you with the person making the allegations or know that they have made false accusations before, they may be able to testify that the accuser lacks credibility.
  • Gather any evidence that may help you prove your innocence. This evidence may include text messages, social media posts or messages, or screenshots of other sources of communication. Details of interactions between you and the accuser can shed light on the true nature of your relationship with them.

What You Should Not Do

Emotions may run high after false sexual assault allegations, but you should try to remain calm. Most importantly, you should not:

  • Confront the accuser – Prosecutors may argue that any confrontation may amount to witness tampering.
  • Talk to the police – The police can use anything you say against you. Let your attorney do the talking.
  • Post your frustrations on social media – As with police statements, prosecutors will use any public statements as evidence against you. Avoid social media until the case is over.
  • Represent yourself in legal proceedings – When you are facing so much legal peril, you need a licensed professional to handle your defense.

How to Prove You Didn’t Sexually Assault Someone

If you are falsely accused of sexual assault, proving your innocence requires a proactive defense strategy. Your lawyer can investigate the accuser’s background and motives while gathering evidence contradicting their claims. Helpful evidence may include:

  • Alibis confirming you were elsewhere at the time of the alleged assault
  • Witnesses who can testify the accuser has made false allegations before
  • Communications showing a consensual relationship with the accuser
  • Texts revealing the accuser’s ulterior motives

Experts may also analyze forensic evidence and provide testimony to dispute the charges. Furthermore, an adept cross-examination can uncover inconsistencies and lies in the accuser’s story. Your lawyer will humanize you before the jury and call character witnesses to describe your upstanding reputation.

Does Hiring a Lawyer Indicate That I May Be Guilty of Sexual Assault?

The United States Constitution recognizes that anyone accused of a crime has the right to an attorney. Because that is so, a court cannot presume guilt just because you have hired legal counsel.

Can I Sue Someone for Falsely Accusing Me of Sexual Assault in Cincinnati?

If you are cleared of false sexual assault charges in Cincinnati, you may have grounds to sue the accuser for defamation or malicious prosecution. Defamation lawsuits are civil actions that require proving the accuser knowingly made false statements that damaged your reputation. Malicious prosecution claims arise when someone initiates unfounded charges without probable cause. You may be eligible for compensation for financial losses, emotional distress, and damage to your livelihood and relationships.

How a Sex Crimes Defense Lawyer Can Help If Sexual Assault Charges Are Filed

a sex crimes defense lawyer from Cincinnati sitting at his desk reviewing his client's sex crime case documents

If the false allegations lead to criminal charges, a sex crimes lawyer can provide an aggressive defense by:

  • Investigating the allegations – Your lawyer will thoroughly examine the accuser’s claims to find inconsistencies and evidence that contradicts their story.
  • Preparing a defense – Crafting a strong defense involves developing legal strategies to exclude prejudicial evidence and finding experts and witnesses to weaken the prosecution’s case.
  • Protecting your rights – Your lawyer will ensure police and prosecutors follow proper procedures and do not violate your constitutional rights.
  • Representing you in court – During legal proceedings, your lawyer will argue to dismiss charges, deliver persuasive arguments to the judge or jury, and conduct intense cross-examinations of witnesses.

Contact an Experienced Sex Crimes Lawyer Today

Facing false sexual assault charges may be one of the most overwhelming and traumatic events a person can experience. The potential consequences are far-reaching and severe. As such, you need the support of an experienced lawyer to help you protect your rights and liberty.

The seasoned legal team at Moermond & Mulligan, LLC has more than five decades of combined experience achieving favorable results for individuals accused of crimes. Let our lawyers put their experience, skills, and knowledge to work for you. Call us today at (513) 421-9790 or contact us online for a free consultation.

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