Few things can derail your life as swiftly as false allegations of sexual abuse.
One minute, you’re a respected and contributing member of society. The next minute, you’re facing years behind bars and a lifetime of registration as a sex offender.
Even if charges are eventually dropped, merely being associated with sexual abuse can lead to personal, professional, and reputational ruin.
If you’re facing false sexual abuse allegations in Texas, knowing your rights and acting quickly is vital.
What to Do if You’ve Been Charged With False Sexual Abuse Allegations
Understandably, facing false sexual abuse allegations can leave you terrified and confused. The uncertainty of what lies ahead can make you feel alone and in a dark space.
Taking the following steps after being charged can make a significant difference in your case:
- Seek legal representation – It’s critical that you consult with an experienced criminal defense attorney who specializes in sexual abuse cases. They will guide you through the legal process, build a strong defense, and protect your rights.
- Document everything – Maintain a thorough and organized record of all communication, evidence, and interactions related to the case. This includes text messages, emails, voicemails, or any other documentation that may be relevant to your defense.
- Don’t communicate with the accuser – Refrain from contacting the person who made the false allegations or their associates. Anything you say or write to them could be used against you in court. Let your attorney handle all communication on your behalf.
- Gather witnesses and evidence – Identify and contact witnesses who can testify to your character, provide an alibi, or corroborate your version of events. Collect any evidence that supports your innocence, such as surveillance footage, phone records, or receipts that can establish your whereabouts during the alleged incident.
- Follow legal advice – Listen to your attorney’s guidance and follow their instructions to the tee. This may include cooperating with the investigation while maintaining your rights, attending court appearances, or taking specific actions to strengthen your defense.
- Keep off social media – in this digital era of social media, you might be tempted to post information related to the case there. Prosecutors and opposing parties may monitor your online activity, and even innocent posts can be misinterpreted or used against you.
- Be aware of potential arrest – Understand that you may be arrested even if you believe you’re innocent. Cooperate with law enforcement if you’re charged, but exercise your right to remain silent until your attorney is present.
- Seek emotional support – Being falsely accused of sexual abuse can be emotionally and mentally challenging. Prioritize self-care by seeking emotional support from friends and family.
This period can be trying for you and your friends and family. The best thing to do is remain strong and rely on your attorney’s expertise and aggressive legal defense to navigate the legal process successfully.
What Does the Law Say About Sexual Abuse in Texas?
According to Section 707.791 of the Texas Administrative Code, sexual abuse involves:
- Non-consensual intercourse and penetration.
- Sexual exploitation of individuals unable to provide consent due to disability or mental incapacity.
- Engaging in sexual activity with a minor, including intercourse, penetration, or sexual contact.
- Non-consensual intercourse, penetration, or sexual contact, even when consent may have been obtained through force or violence.
- Sexual acts involving coercion or manipulation.
It’s essential you understand the various forms of non-consensual sexual activity that Section 707.791 encompasses. Your lawyer’s expertise with Texas sexual abuse laws can help to build the strongest possible defense for you.
What Are the Penalties for a Sexual Abuse Conviction in Texas?
Texas takes sexual abuse crimes very seriously, with statutes outlining a wide range of offenses. The Texas Penal Code covers various types of unlawful sexual abuse and their penalties as follows:
Sexual Assault (Tex. Penal Code Ann. § 22.011)
Intentionally or knowingly causing various non-consensual sexual acts, including penetration without consent and exploitation of individuals unable to give consent.
- Penalties: Second-degree felony (2-20 years imprisonment, max fine $10,000) or 1st-degree felony if specific conditions apply (5-99 years imprisonment, max fine $10,000).
Aggravated Sexual Assault (Tex. Penal Code Ann. § 22.021)
Same non-consensual acts as sexual assault but with aggravating factors such as serious bodily injury, use of a deadly weapon, or threat of force.
- Penalties: 1st-degree felony (5-99 years imprisonment, max fine $10,000), with increased minimum sentences for certain circumstances.
Statutory Rape (§ 22.011, § 22.021, and Indecency with a Child § 22.11)
Texas doesn’t have a specific statutory rape statute but addresses sexual contact with a child under different sections.
- Penalties: Vary depending on the specific offense, ranging from 2nd or 3rd-degree felony (2-20 years imprisonment, max fine of $10,000).
Sodomy (Tex. Penal Code Ann. § 21.06)
Engaging in deviant sexual intercourse with an individual of the same sex (This law was deemed unconstitutional but has not been officially repealed).
- Penalties: Class C misdemeanor (maximum fine of $500).
The legal penalties and definitions of these sexual crimes can be complex and may vary depending on specific circumstances and other factors. Your lawyer will interpret them for you and guide you accordingly, depending on your particular charges.
Why Would Someone Falsely Accuse You of Sexual Abuse?
False allegations of sexual abuse can completely upend an innocent person’s life. There are several reasons why someone might wrongly accuse you of sexual abuse. Understanding potential motivations can help your lawyer strengthen your defense.
Some reasons for false sexual abuse accusations include:
- Revenge – To get back at you for a perceived wrong, a person may fabricate claims of sexual abuse. This frequently occurs in bitter divorce and child custody disputes.
- Mental Illness – Scientific studies show that certain mental health conditions, such as PTSD, a history of trauma, or depression, may cause delusions or false memories of abuse that didn’t happen.
- Money/Extortion – Money is usually a great motivator. Someone might accuse you of sexual abuse for monetary gain, either through extortion or civil lawsuits.
- Coercion – Minors, in particular, can be pressured by adults into making untrue allegations against someone the adults want to target.
- Misinterpretation – Innocent hugs, tickling, and caretaking may be misconstrued as sexual abuse by a child too young to understand appropriate affection. An adult might also misinterpret these actions as abuse.
- Seeking Attention or Sympathy – Occasionally, someone may make false accusations to draw attention to themselves or to elicit sympathy from friends, family, or the community by falsely accusing you.
- False Memories – Sometimes, false accusations can arise from the formation of false memories, especially in cases involving children who may be influenced by suggestive questioning.
- Covering Up Their Own Actions – In certain instances, the accuser may be trying to divert attention away from their wrongdoing or to escape punishment for an unrelated matter.
Working with an experienced attorney to uncover an accuser’s motivations is crucial in proving your innocence in court.
Strategies for Building a Strong Defense Against False Sexual Abuse Allegations
If accused of sexual crimes you didn’t commit, it’s critical to build a vigorous defense to avoid wrongful conviction. An experienced criminal defense lawyer can leverage several strategies to challenge false allegations thoroughly.
Challenge the accuser’s credibility
An experienced defense lawyer will thoroughly investigate the background, character, and motivations of the accuser.
Red flags like a history of dishonesty, ulterior motives, or mental illness can undermine the accuser’s credibility.
Demonstrate consent
If applicable, your attorney can argue that the sexual activity was consensual and present evidence to support this claim.
Consent can be a central issue in sexual abuse cases, and demonstrating that both parties willingly participated can be a strong defense.
Introduce exculpatory evidence
Your lawyer will work diligently to gather evidence that demonstrates your innocence.
This may include timelines that conflict with the allegations, phone records, receipts, surveillance footage, or witness statements that provide you an alibi or disprove the claims.
Hire expert witnesses
Experts like psychologists can critically evaluate therapies or interview techniques used on an alleged victim to determine if false memories may have been created unintentionally.
Forensic computer experts can examine digital communications and activity, while DNA analysts or medical professionals can challenge the validity of physical evidence.
Legal Action Against Your Accuser for False Sexual Abuse Allegations
If you’re acquitted of false sexual abuse charges, you may be able to take legal action against your accuser for damages. However, lawsuits of this nature are challenging.
You could file a defamation lawsuit against your accuser for harm to your reputation. You could also pursue criminal charges, as filing a false police report in Texas is a Class B misdemeanor, attracting a penalty of up to 180 days in jail.
You may also recover some costs from lost income, legal fees, mental anguish, humiliation, and embarrassment.
However, accusers are often shielded from civil liability, especially if the alleged victim is a minor.
Proving the accuser knowingly lied has a very high legal bar. Consult closely with your attorney to determine if legal action against your accuser is advisable.
Protect Your Reputation From False Sexual Abuse Allegations With Expert Legal Counsel
If you are facing false allegations of sexual abuse, it is critical to retain skilled legal counsel immediately to start protecting your rights and reputation.
At the law offices of Jack B. Carroll & Associates, our experienced Houston sex crimes lawyers have successfully defended the wrongly accused against sexual abuse charges. We can put our proven trial experience and successful track record to work for you.
Contact our team at (713) 228-4607 or through our online form for a free case evaluation and legal strategy session. With our thoughtful counsel, we can help you avoid the devastating consequences of false accusations.