Many individuals accused of sexual assault find themselves tried in the “court of public opinion” and immediately branded as “guilty.” This is unfair and contrary to the principles of criminal law in this country.
Wrong accusations of sexual assault are common and while the reputational damage can still take some time to repair, the consequences of a criminal conviction may never completely go away.
It is essential to protect your rights and defend false sexual assault charges vigorously with the help of a seasoned criminal defense lawyer. Here’s what you need to know about defending the charges.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
Table of Contents
What to do immediately after being charged with sexual assault
Sexual assault is any non-consensual sexual act. Charges for sexual assault have severe legal and personal consequences, which make your actions immediately after an arrest very important.
If you’re accused of this offense, try to avoid saying too much to defend yourself in the aftermath. Instead, take a breath and consider the following steps to help your legal position:
Preserve any available evidence
In the immediate aftermath of an alleged sexual assault, you should preserve any physical evidence available at the scene, such as clothing, condoms, or other items used, and documentation of any injuries. Do not launder the clothing.
In most cases of sexual assault, there are few or no witnesses to the incident. However, witnesses may have seen actions before the incident that can help corroborate your version of events. If possible, retain the contact details of these individuals to provide to your attorney (not the police). Photographs of the interactions and surveillance footage are also important forms of evidence if available.
Such evidence can help to create reasonable doubt in the prosecution’s case, which is the aim of a criminal defense strategy.
Seek legal representation
Your first step after an arrest and charge for sexual assault should be to seek legal representation from a criminal defense lawyer experienced in sexual assault cases.
Your lawyer will protect your rights, handle all communications with the relevant authorities, help you respond to police questioning, work on arranging your release, and begin your defense with a thorough investigation of what happened.
Sexual assault cases are notoriously complex because of the medical evidence involved and the “he says, she says” nature of many cases—with a distinct lack of witnesses common. It is essential to be honest with your lawyer from the start, as evidence is analyzed and the strength of the prosecution’s case meticulously assessed.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
How to respond to false sexual assault allegations and protect your rights
False sexual assault allegations happen because of a variety of reasons—from trying to gain the upper hand in a custody battle or other legal issue, to revenge or hiding an extramarital affair.
Regardless, the allegations can be extremely alarming and damaging to the accused, but they will not simply go away. Sexual assault charges rarely get dropped these days without a clear lack of evidence or another reason that would make a conviction unlikely.
In addition to hiring a criminal defense attorney to defend you, here are some advisable next steps to protect your rights if you’ve been wrongly accused:
- Remain silent: You have the right to remain silent but there can be a strong temptation to try to clear your name with the police. Anything you say can and will be used against you in court, so it’s best to avoid making any statements to law enforcement without your attorney present. Don’t try to defend yourself.
- Avoid contact with the accuser and their friends and family: Again, there may be a temptation to contact your accuser to set the record straight but this is a mistake. Protect your rights by refraining from discussing the case with anyone other than your attorney.
- Keep your emotions in check: False accusations understandably make people angry, but acting out of anger will not help your situation and could worsen your legal position. Try to remain calm and discuss the matter only with your criminal defense attorney.
- Document your recollections of what happened: Record your recollection of events in writing while the details are fresh in your mind so that your attorney can understand your perspective when beginning work on your defense. Include every detail you can think of, such as the clothing you were wearing, the lighting in the area, whether you consumed alcohol or drugs, etc.
Common defenses against false accusations of sexual assault
The main defenses to sexual assault accusations are the following:
Consent
If the sexual encounter was consensual and the consent was given freely and from an informed individual, it cannot be considered sexual assault. However, the accused will need to provide evidence of this, including text messages, emails, or witnesses who can testify to the nature of the relationship and if possible, the sexual act.
Mistaken identity
If the accused has a valid alibi proving that he was not in the stated location when the alleged assault took place, this is a very strong defense. Evidence could include phone records, surveillance footage, or witness testimony.
Unreliable accuser or witness
If it can be shown that the accuser or the prosecution witness recalls the events inaccurately, inconsistently, or confusedly, the credibility of the charges can come into serious doubt. Sometimes, other evidence such as medical records or video surveillance footage can contradict the accuser’s account, which can, again, add reasonable doubt to the story.
The accused stopped due to consent withdrawal
In some cases, the accuser may initially consent to a sexual encounter but later withdraw that consent. If this version of events is acknowledged as true by the defense, the defense would need to prove that the sexual activity was stopped promptly when the consent was withdrawn. Otherwise, the accused could still be found guilty of sexual assault.
Sometimes, the defendant in a sexual assault case can have his version of events supported by the following:
- Character witness testimonies from friends, colleagues, or community members, demonstrating a history of good moral character and a reputation for honesty and integrity.
- Demonstration of an ulterior motive for the allegations of sexual assault by the accuser, such as revenge, jealousy, or an attempt to gain an advantage in a legal dispute.
- Expert witness testimony from forensic experts, psychologists, or medical professionals that can shed light on various matters. This can include evidence such as physical evidence or the psychological states of the individuals involved.
With false sexual assault allegations, a robust defense is necessary to prevent unwanted and undeserved consequences, both now and in the future.
In cases where the sexual assault did happen, the judge may consider mitigating circumstances explained with the help of an experienced criminal defense lawyer in order to limit the consequences of a conviction.
For experienced legal help and support with a domestic violence charge, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.
Accused of a Sexual Assault in Maine? (Video)
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
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