How Can I Defend Against False Allegations of Sexual Assault?

Why Would Someone Falsely Accuse Someone Else of Sexual Assault?

In a perfect world, this would never happen. Unfortunately, false accusations do happen, and they can have devastating consequences. Sometimes, people are convicted of charges for which they’re not guilty, and that can be life-changing. If this is happening to you or a loved one, it’s crucial you contact an experienced criminal defense attorney as soon as possible. This is not the time to go it alone.  

False sexual assault accusations generally come from one of two sources.

• False memories. The accuser believes they have memories of a sexual assault that didn’t actually happen.
• False accusations. The accuser knowingly makes a false accusation. This can happen for many reasons:
  • Revenge (particularly against an ex)
  • Anger
  • Mental illness
  • Creating an alibi to cover up another crime
  • To gain attention and/or sympathy
  • To deny a sexual act that was consensual (they may have changed their mind afterward)
  • For legal leverage, particularly in a divorce or child custody proceeding

What Are the Options to Battle False Sexual Assault Accusations?

• Hire an experienced criminal defense attorney. These cases can be complex and nuanced. You’ll want an attorney who understands the law and what the potential defenses are. 
• Write down everything you remember about the date in question, including if any drugs or alcohol were involved. 
• Draw up a list of witnesses. That may include people who saw you somewhere else on the date in question, character witnesses who could testify to your innocence, or people who have reason to believe the accuser isn’t telling the truth. 
• Provide your attorney with any communications you had with the accuser. Consent is critical in these cases. If you have text or social media messages that indicate the sex was consensual, that could be the evidence needed to have the case thrown out. 
• If you have an alibi, present that to your lawyer immediately.
• Prepare for testing. DNA and other scientific tests may prove your innocence. 
• Stay quiet. It’s frustrating to have false accusations made, and the temptation to publicly speak against them can be substantial. But all too often, something someone says in their own defense can be twisted by the other side and used against them. Don’t talk to anyone but your attorney about the case, don’t post about it online anywhere and don’t give into the temptation to contact the accuser to try and sort it out. 

What Are the Consequences if I’m Convicted?

We wish we could say that no one is ever convicted of false charges. Unfortunately, it does happen. For sexual assault, the consequences can be severe and life-changing, which is why it’s crucial to bring in an experienced criminal defense attorney to fight the false charges as soon as possible. 

Texas defines sexual assault as sexual intercourse that happens without the consent of one of the partners. There are different levels involved depending on the circumstances of the assault. It’s also vital to know that any sexual intercourse with someone 16 years old or younger is considered sexual assault, and consent isn’t an option in those cases.

If convicted of a second-degree sexual assault felony, the convicted person could face anywhere from 2-20 years in prison. The charges may be increased to a first-degree felony if the assault involved a blood relative or stepparent.

If the assault was aggravated, the charges could also increase in severity. In Texas, aggravated sexual assault means that the assault involved a weapon, causing the victim to be afraid for their life, using date rape drugs, or the assault was on an elderly or disabled person or someone under 14. Those are tried as first-degree felonies and could lead to 5-99 years in prison. 

Even if the prison sentence isn’t lengthy, the consequences of having a sexual assault on your criminal record can extend indefinitely. Convictions lead to the convicted person being required to register as a sex offender, which is a public database. 

Does Texas Have Laws Against Filing False Charges?

It is a crime to file false accusations against someone in Texas. Specifically, the law says that false claims made to peace officers, federal special investigators, law enforcement employees, corrections officers, or jailers are Class B misdemeanors. If convicted, the person who filed the false accusation could face up to 180 days in jail and fines of up to $2,000.

Someone who’s been falsely accused of sexual assault could sue the person who made the accusations if they can prove that the accuser knew the accusations were false and made the accusations maliciously to harm the accused’s reputation or career. This action can only be undertaken if you were acquitted of the criminal charges. If you’re still facing criminal charges, you can’t yet file a civil lawsuit against the accuser. If you’re unsure of what rights you have at this point, contact an experienced criminal defense attorney who can examine your case and provide guidance.

What Should I Do if I Have Been Falsely Charged with a Sexual Assault?

Call Seymour & Vaughn as soon as possible at 830-282-8751 to request a free consultation. We fully understand how traumatic and frightening this can be, especially given the consequences if convicted. Our team of knowledgeable, experienced criminal defense attorneys can go through the specifics of your case to determine which defense we can aggressively pursue that could lead to the best possible outcomes–and you can move on with your life.