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How to Defend Yourself against False Accusations of Sexual Assault

How to Defend Against False Sexual Assault Accusations
Sexual Assault Accusations

Though it shouldn’t happen often, there are various reasons why someone might make a false allegation of sexual assault against another person.

For example, there could be a genuine case of mistaken identity where the complainant has identified the wrong person as the perpetrator, or the complainant could be intentionally lying about the accused to get them in legal trouble for malicious reasons.

In any case, being falsely accused of a serious crime that you didn’t commit is a very stressful experience that can change your life for the worse.

A false allegation could lead to you being charged with a criminal offence and prosecuted in court – and, if convicted, you could face a community order or time in prison. Not to mention having to register as a sex offender for years afterwards.

The best way to prove your innocence and minimise the lifelong consequences for a false accusation against you is to take the allegation seriously from the start.

Here are some tips for defending yourself if you have been falsely accused of sexual assault:

Secure Legal Representation

It may seem like immediately hiring legal representation is an admission of guilt, but this isn’t true. Everyone has the right to seek legal advice during criminal proceedings to help defend themselves – the earlier, the better.

You may feel that the allegations against you are baseless and be so confident in your innocence that you don’t think professional advice is necessary. This would be the worst mistake to make at this point, as attending police interviews without a solicitor on your side can lead to you unintentionally incriminating yourself with what you say or do.

Consulting a specialist solicitor who can tailor their expertise to your exact situation will ensure your rights are protected and give you the strongest chance of disproving the false allegations.

Even if you are charged with an offence and the case goes to court, having a sexual defence solicitor guiding you from the start can have a significant impact on the end result – ensuring you achieve the best possible outcome.

Maintain your Right to Silence

Under the stress of being falsely accused of a sexual offence, tensions can run high and emotions can get the best of you – but it’s essential to keep control and stay calm in the interview room and courtroom.

This is also why it’s important to have a solicitor to tell you when to speak and what you should or shouldn’t say. You have the legal right to remain silent if you don’t want to answer certain questions, as anything you say in a police interview can be used against you later in court.

Under the measured guidance of your solicitor, you should be able to avoid emotional outbursts, slips of the tongue, or behaviours that the prosecution could find incriminating.

Your solicitor’s job is to try to prevent a prosecution in the first place, before building a defence if you are charged – so you should follow their advice when it comes to interviews, searches, DNA tests, or other parts of the investigation process that may not be in your best interest.

Avoid Communication with Your Accuser

Being careful about what you say and do also includes staying away from the person who has made the false allegation against you – no matter your relationship to them.

Having any contact with the person accusing you of sexual assault can make matters much worse, as there’s a high risk of strong emotions leading to you saying or doing something that the complainant can use to build their case against you.

You should not reach out to them or meet them in person unless it is approved by both of your solicitors, who should supervise the interaction and/or be present the whole time.

Otherwise, you will not be permitted to contact your accuser in any way during the legal proceedings, whether online or through any other methods. This means no phone calls, text messages, social media posts, or passing verbal messages on via other people.

Gather Evidence and Witnesses

What you should focus the most energy and attention on is gathering valuable evidence that can help you to prove that you’re innocent – no matter how circumstantial it might seem.

Your PCD solicitors will work with you to analyse the statement from the complainant and any witness evidence they’ve supplied, as well as looking at their online accounts. By comparing these to your own account of the events in question, you can identify inconsistencies in their story.

In a court case, the judge and jury will base their decisions on the available evidence, so the prosecution will provide as much evidence as possible against you to influence them. It’s crucial to build a strong evidence-based defence that can refute the allegations.

It’s a good idea to provide as many witness testimonies as you can, even if they are only a character witness, as this can create a fuller picture of you as a law-abiding citizen.

Educate Yourself on the Law

With your freedom and your life as you know it potentially on the line, you can’t just brush off allegations or let the investigation and court case play out without paying attention.

It’s vital that you work closely with your solicitor, just as your solicitor will liaise with the police and Crown Prosecution Service, to make sure you understand what could happen and do everything in your power to defend yourself against the false allegations or false charges.

Knowing your rights and the relevant laws (with the expertise of your specialist solicitor) can not only help you bring the truth to light and achieve an acquittal, but after clearing your name, this could also help you to turn the situation around by pressing charges against your accuser for perverting the course of justice and/or wasting police time.

The most important thing to remember is that you can’t and shouldn’t do any of this alone – when falsely accused of sexual assault for whatever reason, the best thing you can do is seek professional legal counsel from a highly qualified solicitor, such as PCD Solicitors.

What do you think?

Written by Zane Michalle

Zane is a Viral Content Creator at UK Journal. She was previously working for Net worth and was a photojournalist at Mee Miya Productions.

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