Sexual Assault: Defenses to a False Accusation

Few things impact an individual as negatively and powerfully as being accused of sexual assault allegations.  Since anyone can claim to have been sexually assaulted without providing substantial evidence upon which to base it, being the victim of the accusation can be horrifying and traumatic. Generally, when someone is falsely accused of sexual assault it is for malicious reasons, usually as an attempt for revenge. 

Sexual Assault

In simple terms, sexual assault is any nonconsensual sexual activity including touching, sexual intercourse, in the case of children: child molestation and attempted rape.  If the victim happens to have been sleeping at the time of the assault or too intoxicated to consent to sex, or in circumstances where the assailant is in a position of authority over the victim, sexual assault charges can be made against them.

Consequences of a Sexual Assault Conviction

Unfortunately guilty or not, a person accused of sexual assault will face severe personal damage, and generally professional and social life damages as well.  Society's attitudes toward sex crimes have resulted in serious penalties and punishment for those convicted. Legal consequences for sexual assault include, prison time, fines, probation time and/or parole time, loss of rights, court ordered rehabilitation, STD and AIDS testing, etc.

Sexual Assault Defense Strategies

Because so often it is the case with sexual assault cases that there is little to no physical evidence, the charges are based solely on the accuser's testimony.  They are often made frivolously or when there is insufficient evidence to make a more specific charge.  Because this is the situation, it takes carefully and skillfully conducted pre-trial research on the part of a competent defense lawyer to have these charged dropped before trial. If a trial becomes necessary there are specific strategies that a competent defense lawyer can employ but many of these things will necessitate the full cooperation of the defendant.

Things you should do that will help your case, and your attorney in proving your innocence include:

1. Fully understand the seriousness of the charge leveled against you. 

You cannot underestimate the legal ramifications that will ruin your life if you make poor decisions. Many innocent individuals charged with this crime go through denial, and therefore minimize in their own minds the seriousness of the trouble they are in. Because of this defendants fail to do thing that might prevent them from getting into even worse legal situations. If you feel like "they have no case," you could wind up doing little to substantiate your own innocence.

2. Select the right kind of attorney for your case.

There are many fine attorneys in the United States.  Some specialize in drug cases, others in custody cases.  For sexual assault cases, find an experienced attorney who has handled these kinds of cases. Ask for a "resume" and see how successful he has been.  Be sure he has done cases like yours before.

3. Save money for an expensive ordeal

When you feel that you are innocent, you don't believe it is really happening. But it is happening and it will be expensive.  Being accused of sexual assault means you will probably be facing criminal charges, which often means you could be looking at facing conviction unless you take serious steps to prevent issues from getting out of hand.  You will possibly need specialized psychological testing and take properly designed polygraph tests. You will also need to arrange for necessary evidence and experts to support your case.  All of these things cost money.  Don't get stuck in a mind set of hundreds of dollars when thousands will be necessary.  Don't fall in with those who offer quick and easy assistance. They can end up costing you more than money later on.

4. Educate yourself

No matter whom you select to represent you, remember the old saying, Caveat Emptor - "let the buyer beware."  Don't leave everything to your attorney. Educate yourself in this subject area, particularly regarding the allegations you are facing. When your attorney requests that you do something, learn the reasons why you need to do it. You need to fully understand why the things they want you to do are necessary.

Discover important answers to things such as:

• What precisely is the State's case against me?
• Were we given all the discovery the State is required to supply?
• Is my attorney handling the discovery properly?
• Who will be testifying against me and what will they be saying?
• What exactly is my defense?
• How do I properly conduct myself in the courtroom?

The accused must testify in these types of cases because they come down to he said/she said and the verdict quite often depends upon who is the most credible.

5. Create a timeline

Starting from day one and going through to the current day, put together a timeline of events.  Include all the detail you can remember, where you were, who you were with, what happened, what was discussed, etc.

6. Put together a witness list

Those who will be good witnesses for you, put their names, addresses, phone numbers, employment information and biographical information onto 3 by 5 cards.  Include what they will be able to testify to on your behalf. Include everyone you can think of, sometimes unimportant details turn cases so don't judge the value of the witness, allow your attorney to do that.

7. Watch yourself

Be careful in everything that you do and say. A cruel or mean comment you say anywhere can show up to destroy your case. Handling yourself properly as early as possible is important and will be particularly useful once the trial begins.

8. Scientific testing

Because this is a sex case, you will want testing that will support your innocence against the allegations.  You will want tests that relate specifically to what you are being accused of. 

Additional Strategies

Social services and local law authorities are not your friends.  They will say they want to hear your side of the story, but in most cases they are much more interested in getting a confession than they are in obtaining the truth.  If they can't get a confession they would like you to talk.  The more you talk the more likely they are to find something upon which to build their case.

Don't give away your defense.  You may feel that you are innocent, and that you can prove it by being reasonable, even presenting facts that prove you are innocent.  The truth is, that can be turned against you later on.  If you can prove you were not present the day they are accusing you of an assault, they will get the victim to change the date it took place.  Don't give away your good cards.

If you must be interviewed by local authorities or social services, use it as an opportunity to gain information about the allegations.  If you live in a one-party recording state (which means you can secretly make recordings of conversations in which you play a part), record interviews you have with these agencies.  Do not tell them you are doing it.  If they overstep their bounds, which they can do if they think they can get you to confess, you will have proof against them.  Secretly recording a conversation can be a safety net. If someone says something at one point then changes the story later on you will have a defensive alternative with the recording.

Never guess when asked a question. If you are asked a leading question such as, "Why do you think she is accusing you of this sexual assault?" your answer should always be "I have no idea."  Whatever you do, don't speculate as to why, ever.  Your answers should always be fast, short and polite.  Interviewers are looking to make you talk and give something away.  If you give simple short answers, without trying to explain how you are innocent, you will actually frustrate the interviewer.  In this way they may try to lead you on more and either give away information that will help you in your defense, or say something that might be detrimental to them and their case.

Seek Professional Counsel

If you are accused or fear being accused of sexual assault, contact a professional attorney who specializes in defending these kinds of cases.  You will want the best advice and counsel you can get as these are serious charges with consequences that are life-altering.