The Texas Penal Code titled PENAL § 22.011 provides the specific definition for what the state of Texas defines as a sexual assault. It is very clear in what is defined as sexual assault, and it is important to understand that this type of crime is extremely serious. Those who truly commit this crime deserve to be punished for their crimes. However, it is tragic when someone who didn’t commit this crime is falsely accused of it anyway. Those who suffer from a false accusation of rape in Texas can face some serious consequences no matter how it plays out. To limit the damage and protect the welfare of the falsely accused individual, it is important to seek the legal assistance of a seasoned attorney right away.
Why Would Anyone Make a False Rape Allegation?
No upstanding citizen would ever make a false rape allegation against someone else. Unfortunately, there are many reasons why someone might make an allegation like that, including:
- Custody Dispute – Emotions can run very high when children are caught in the mix of things. If parents are caught in the middle of a custody dispute, it is hard to say what one parent or the other might do to try to gain the upper hand. In some cases, one parent might accuse the other of rape in the hopes that this will better their own position in a custody battle. Disturbingly, some might even accuse the other parent of rape of the child. That is an extremely heavy accusation, but some people are not above it.
- Regret About a Consensual Encounter – Some people express regret about a consensual sexual encounter that they have with another individual. While many would simply do their best to put that moment in life behind them, others take things to another level. Some will accuse the person they had an encounter with of rape.
- Revenge From an Ex – The anger of an ex may spill out in the form of taking it out on you by making up false accusations against you. This is an extreme (and unlawful) thing to do, but some exes are not above it. They believe if they make a rape accusation against you that you will face criminal penalties and more. If this happens to you, you could find yourself in the crosshairs of a very serious situation that you shouldn’t have to deal with.
As you can see here, there are a variety of different reasons why someone might make a false rape accusation against you. It is your job to keep your reputation and liberty intact, and the best way to do so is be aware that false rape accusations are a real possibility.
Your First Move After an Accusation
The moment that you hear that a rape accusation has been levied against you is a tough moment to go through. Your head will be spinning with questions and your emotions will be heightened as you try to deal with the fallout of everything that you have been accused of. The first thing that you should do following an accusation of rape is to remain calm and reach out to an attorney.
You are guaranteed the right to an attorney to defend yourself against any accusations of a crime. It is particularly important to have an attorney at your side when you are being accused of a serious crime such as a rape. There are attorneys that specialize in defending clients against these specific types of charges, and they have the experience necessary to help you put together the most comprehensive and full-throated defense possible.
Keep Your Emotions Under Control
It is always easier said than done when it comes to keeping emotions in check. This is particularly true when facing down something as serious as rape allegations. Who could possibly keep their emotions in check when going through something like that? You need to make sure you do. It is a known fact that emotions can alter and worsen your decision-making skills. Psychology Today reported on this:
Intense emotions can lead to rash decisions, and anger and embarrassment may make you particularly vulnerable to high-risk, low-payoff choices. Researchers suspect intense uncomfortable emotions impair self-regulation skills.
If you are facing down something as serious as false rape allegations in Texas, you simply don’t have the margin for error to make rash decisions that could negatively impact your decision-making. Instead, you need to keep a level head and try to do everything in your power to start lining up your defense in a rational manner.
Understand and Research the Accusation
You need the facts on your side when figuring out how to tackle a false rape accusation. It is important to understand where the accusation came from, who made the accusation, and specifically what they are claiming happened. You need to know facts about the time, place, and sequence of events that they are claiming happened. Having these facts on your side will help you to construct the defense that you will put up to defend yourself. After all, you need to start collecting your own set of facts to make a case before the court about what happened. Work with your attorney to construct the full picture of what really happened and how this information can be best presented in court.
The Challenges with Rape Accusations
It is fair to say that there are many challenges and “on-the-line” situations when it comes to rape accusations. There are many things that some might think of as falling under the definition of rape that don’t qualify. A few of the challenges when it comes to rape accusations include:
- Mixed Signals – It is not always completely clear that someone hasn’t consented to sexual activities. There are certain circumstances when an individual may have seemingly indicated that they are willing participants in sexual activity that they aren’t fully happy to be engaged in. If sexual intercourse occurs anyway, then rape accusations may emerge from that. However, this doesn’t necessarily fall under the category of a rape in Texas.
- Fuzzy Memories Due to the Influence of Drugs or Alcohol – It is a fact that memories are sometimes impaired by the use of drugs or alcohol. Sometimes, people consume either drugs, alcohol, or both and then engage in sexual activity of some kind. Those same individuals may regret their accusations and make a false rape accusation based on what happened. It is also true that fuzzy memories may contribute to some people believing certain things happened that didn’t really happen. Either way, this can contribute to even more confusion related to rape accusations.
- Misunderstanding of What Rape Is – There are common misconceptions about what rape truly is, particularly how it is defined under Texas law. Someone may mistaken believe that they were raped when whatever they went through doesn’t meet the criteria for rape by any legal standard. That can lead to false accusations being made against another person.
Given the complex nature of an accusation like this, it is important to reach out to an attorney immediately if you are accused of rape in Texas. It might be the case that the circumstances of whatever occurred do not meet the definition of rape.
The Ramifications of a False Rape Accusation
You simply cannot brush of a false rape accusation. You might want to ignore something like this because you recognize that the accusation is clearly false. However, you can’t leave this kind of thing to chance. You need to think about the ramifications of a false rape accusation. A few of the potential dangers for you include the following:
- Jail Time – A false rape accusation can lead all the way to a conviction of a crime that you didn’t commit. If you are not provided with a strong enough defense, a jury may incorrectly believe that you did commit a rape even though you did not. This is the worst possible outcome for someone facing a false rape accusation, but it is far from the only potential issue.
- Reputational Damage – Despite the fact that we live within a system where all defendants are meant to be presumed innocent until proven guilty, that is not always how things work out. You could lose your income, your position within society, and so much more. The public may judge you simply based on the fact that an accusation has been made against you, even if that accusation is later proven to be false.
- Relationship Damage – False rape accusations will completely ruin any relationship you might have had with your accuser before. It may also cause problems for other personal relationships that you have formed. All of this is yet another damaging aspect of a false rape accusation.
Ultimately, there are many damaging things that can happen when you are falsely accused of rape in Texas. Treat such accusations extremely seriously.
Reach Out to Our Team Today
At Jack B. Carroll & Associates, we care about providing a quality defense for all of our clients. If you are faced with a false rape accusation, you should give us a call at (713) 228-4607 immediately for assistance. We will set you up with a free consultation with one of our highly-qualified Houston sex crimes attorneys to discuss your case and your options. If you decide to hire us, we can dive into your case immediately and start to construct the strongest defense possible for you to help minimize the damage and allow you to get your life back on track. Reach out to our team today.