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If you’re falsely accused of sexual assault, what you do next can determine your freedom and future. From Shealey Law Firm, here’s what to do if you’re wrongfully accused of sexual assault.
10 Steps To Take for False Sexual Assault Accusations
1. Understand the Seriousness of a Sexual Assault Accusation
The first thing to do if you’re falsely accused of sexual assault is to understand the seriousness of what you’re facing. Any allegation of sexual misconduct can drastically change your life.
In South Carolina, first-degree criminal sexual assault is punishable by up to 30 years in prison. A third-degree conviction is punishable by up to 10 years in prison.
That’s just potential jail time. A false accusation of sexual assault can have drastic consequences in all areas of your life. When you appreciate the potential ramifications, you can respond appropriately.
2. Stop Talking—to Anyone
Because a false sexual assault allegation is so stressful, it’s common to want to clear it up. But you shouldn’t talk to anyone without legal representation, including the police, the person accusing you, your school, or an employer. You may be shocked at how your statements can be taken out of context and used against you.
It might seem like a friend or family member can be a trusted confidant while you’re going through something so harrowing. But they may misinterpret something you say, remember it incorrectly, or may not be as trusting as you think.
3. Stay Off of Social Media
Social media is a way of talking. The best thing to do is not to post or comment, even if it seems like it’s unrelated to the accusations.
4. Get a Lawyer
You must avoid self-incrimination, but you may need to respond. The sooner you have a lawyer helping you, the better. They can help you respond to your employer or school and handle interactions with the police, if necessary. Your lawyer has a duty of confidentiality and a fiduciary duty to represent your best interests.
5. Create a Defense Strategy
The best time to start preparing your defense is now. Work with your lawyer to build evidence, which may include the following:
- Taking a polygraph test
- Undergoing medical testing
- Speaking to witnesses
- Compiling emails, texts, and social media posts
- Gathering video surveillance and photographs
- Reviewing records of your location, movement, and phone tracking
- Writing down your recollection of events
- Creating a timeline of events
- Working with experts who may be needed for the case
- Preparing to cross-examine the accuser and question their version of events
6. Understand the Process
Learn about the process you’re facing. If you’re accused at a college or university, the institution will have an investigatory procedure. You need to know how the investigation, hearing, and appeals process works. There is a time to present information and a time to be silent. Ask to see a written copy of the allegations and response process.
7. Know the Standard of Proof
If you’re facing criminal charges, the standard is beyond a reasonable doubt. A school or employer investigation likely uses a preponderance of the evidence, which is a lower standard of proof.
8. Respond Aggressively
If you’re criminally charged or facing disciplinary proceedings, you must fight for your future. If you’re arrested and taken to court, plead not guilty. Don’t try to explain to the magistrate or judge. When you have an attorney, they can represent you at all hearings.
9. Create a Legal Strategy
Sexual assault charges are criminal charges that are more likely to go to trial. That’s because claims are often based on witness testimony, which can be dishonest, misconstrued, or unreliable. You have a right to have a trial on the accusations against you; it can be the only way to clear your name and protect your future. Work with your lawyer to create a legal strategy. If you’re facing a civil legal claim, it may be appropriate to file a counterclaim for false charges.
10. Continue the Fight
Work with your sexual assault defense lawyer to respond, build your defenses, and fight false allegations.
Legal Consequences of Sexual Assault and Consequences to Your Reputation
- Prison—A sexual assault conviction can result in years in prison.
- Fines and rehabilitation—You may be ordered to pay a fine, serve probation, and complete rehabilitative services.
- Criminal record—Subsequent convictions may be handled more harshly.
- Sex offender registry—You may be required to register as a sex offender.
- Civil legal claim—A civil legal claim seeks monetary compensation.
- School and employment—Dismissal from school or termination of employment may occur.
- Restraining and no contact orders—You may be faced with orders to avoid certain people or places.
- Child custody—Allegations may be used to gain an upper hand in a custody determination.
- Community reputation—Your social standing may be impacted.
How a Columbia Criminal Defense Lawyer Can Help
When you’re falsely accused of sexual assault, how you respond can significantly affect the outcome of the charges or proceedings. A Columbia criminal defense lawyer can help you. They can assist with investigating, building defenses, and arguing your case.
Shealey Law Firm is a team of lawyers who defend people against false accusations of sexual assault. Contact us now.