Over the past few years, the topic of sexual assault has been discussed more and more frequently. Now that the #MeToo movement has created an environment where women are more likely to come forward, the topic of false allegations also needs to be discussed more openly. When false sexual assault allegations arise, the accused is often left wondering what recourse they may have. With access to an experienced criminal defense law firm, false sexual assault allegations can be handled properly in the necessary legal venue.
What Can I Do If False Allegations of Sexual Assault Take Place In Texas?
In these instances, the most important thing that you can do is not panic. The thought of being convicted for a crime that you did not commit can be terrifying, though. Seeing people vilify you without knowing your story is enough to make anyone want to clear their name. After all, no one wants to see their reputation damaged, or their future.
You must be prepared to take action from a legal standpoint. This is not a time to run to social media to defend yourself, as tempting as it may seem. Your friends and loved ones are sure to believe you, right? While this idea might seem smart on paper, it may cause more problems than it fixes. Your first step is a simple one: contact a Texas lawyer who is experienced in handling cases of this nature.
This is when you need to pick up the phone and contact our law offices at 713-228-4607. If you are unable to do so at this time, feel free to fill out a contact form. Our team of experienced sex crimes defense lawyers can help.
Jack B. Carroll & Associates is proud to have the reputation as one of the best sex crimes law firms in Houston.
Our experience and positive reviews speak for themselves.
Exercise your right to remain silent. Do not provide the police with any information that can be used against you in a trial. Once you have met with your legal representative, provide a detailed version of your side of the story. The attorney will also assist you when it comes time to gather evidence. This evidence should not be provided to anyone else for any reason. Do not make the mistake of talking to others about your allegations and do not reach out to your accuser.
Understanding Each Type of Case
In cases of this nature, false allegations tend to fall into one of two categories. While there are other cases that may fall under a different criteria, false allegations will either stem from a false recollection of what took place on the night in question or a person who has decided to intentionally make false allegations.
False memories can often take place for legitimate psychological reasons. The human brain is very complex and these accusations typically do not come from a place of malice. Memories are not nearly as accurate as we may think. They do not serve as a record of what has occurred. Instead, they are just as susceptible to inconsistencies as any other form of evidence.
In these instances, a memory can feel so real to someone that it causes them to make an allegation that is later proven to be untrue. These allegations are most common for children who could be manipulated by a parent or an authority figure. A child’s brain is not fully developed yet, making them more vulnerable to these types of memories.
However, intentionally false allegations make up the majority of these types of cases. These individuals will also file a police report in addition to making the allegations, necessitating the presence of a legal representative. From there, the false report can progress to a prosecution of an innocent party. There are no shortage of ulterior motives that can be attributed in these instances.
The accuser may wish to get revenge against the accused. Monetary gain, the desire to create an alibi, the denial of a consensual sexual encounter or a desire to gain leverage during a child custody proceeding are other common reasons for these types of accusations. The accused may decide to file a lawsuit of their own, as the individual could be charged with a crime for wasting the time and effort of Texas law enforcement.
How To Protect Your Legal Rights
Statistically speaking, the chances of being falsely accused of sexual assault are low. However, that does not mean that they are nonexistent. Once allegations like these have been made, the accused will experience all sorts of ill effects that are hard to overcome. They may lose their employment and as a result of the loss of livelihood, they can also lose their home and vehicle.
These losses are massive but they pale in comparison to the loss of love and trust from their loved ones. Trust takes a lifetime to gain and can be lost in the blink of an eye, whether the allegations are true or not. Rightfully so, many people default to a position of believing the accuser. It is up to the accused and their legal representative to disprove the accusation in a court of law.
Additional Tips and Pointers
For starters, the accused needs to be able to zoom out and realize the amount of trouble that they are in. There is a tendency to believe that false accusations will essentially be proven wrong on their own. Going into denial mode may feel comforting in the moment but it is only going to exacerbate the legal issues that you are facing. Denial mode can be anything from taking to social media to try and debunk the claims or failing to retain legal representation once the allegations have been made.
Neither of these decisions is wise. Even if you know that you are innocent beyond a shadow of a doubt, there is no reason to leave anything to chance. While it can be hard to do so, this is a moment where you need to keep quiet and allow your attorney to do all of the talking. You will also want to make sure that you are choosing your legal representative wisely.
Do they have a sizable amount of experience when it comes to dealing with cases of this nature? Can they outline their plan to assist you during this trying time? Make sure that you are selecting an attorney that has specific experience with your type of case. Sure, an attorney that handles drunk driving cases or speeding tickets may seem like they have a good handle on things.
In most cases, they do not. Your experienced attorney will also benefit immensely from the information you provide. They will often suggest that you provide a timeline of the course of events. The more you can remember, down to the most minor details, the better off you are going to be. Can you compile a witness list? This is another question that the attorney is sure to ask.
What can the witnesses testify to? How much did they see on the day in question? Tell the attorney about anyone who could have possibly witnessed anything. Don’t make the mistake of trying to figure out which witnesses are good and which ones are bad. This is a job that is best left to the professionals. You may believe that you can determine which witnesses will be most useful but this is an aspect where you should be leaning on the expertise of your legal representative.
The earlier you contact a law firm, the better. It can be hard to get a handle on your emotions during a time like this, which is why you need a great team around you. An experienced attorney who has handled cases of this nature before will be able to explain all of the potential ramifications that could take place if the client fails to control their temper. Even something as simple as an ill timed social media post could cause a myriad of issues.
Schedule a Consultation with a Sex Crimes Lawyer
During an emotionally charged moment like this, there is no reason to handle the resulting legal process on your own. The experienced Houston sex crimes attorneys at Jack B. Carroll & Associates are proud to be one of the best sex crimes law firms in all of Texas.
Our experience and positive reviews speak for themselves.
We are here to help. We provide free and confidential consultations with zero strings attached.
During your initial consultation we will get a clearer understanding of what is going on with your case, what you can expect from the nature of the accusation, and how we can build a strong defense in your case.