What to Do When Falsely Accused of Sexual Assault

RyanD
August 25, 2013

It is hard to imagine being arrested or falsely accused of sexual assault when you know you are innocent, but false accusations may not be as rare at once believed. In fact, a 1996 study indicates that false accusations may account for 26 percent of all alleged cases. Given this alarming statistic, individuals should know what to expect if they find themselves in the middle of a false sexual assault accusation.

When the Police Arrive
If the police come to your home to arrest you, be sure that there is a search warrant. This will ensure that law enforcement follows procedure and will help you to protect yourself against fraud. The police will attempt to ask questions even before you secure the services of an attorney. Try to limit what you say. As soon as you get to the police station, ask for a lawyer immediately. It is only then that the police won’t be able to ask questions.

Dial 911 First and Know Your Rights
Always call 911 first if you have been accused or someone has pointed you out as the accused. The person who dials 911 will often be considered the victim. The police must read you your Miranda rights, which state that you have the right not to say anything to law enforcement. Be sure that you know your rights prior to any arrests. Be aware of how you will react if you were to get arrested. Once you know you are innocent, don’t let anyone change your mind, but be ready to pay: legal representation can become expensive even when you claim innocence.

Hire a Good Lawyer
Don’t try to take this on by yourself. A good lawyer can help you to maintain and defend your innocence. If you know that you are not guilty of this accusation, it is best to hire a reputable and experienced attorney to defend you in a court of law.

While you may not be guilty, you should still be on your guard. You should be aware that the police officer relies on the court system to prove your innocence. There are many people who face severe charges for crimes they didn’t do. Take the circumstances very seriously and be proactive enough to find an aggressive attorney to come to your defense.

Be sure you have the necessary finances to secure an attorney. Remember, the attorney is only going to take your word that you are blameless and, along with the evidence, will provide you with the defense you need. Be sure not to leave out any details that will help the case.

Know the Law
Even though you may not have gone to law school, you should still have a good idea of what legal ramifications are related to your case. Ask questions and be closely involved with the process. Don’t leave everything up to the attorney.

The Trial
Have character witnesses prepped and ready to help your case. Take notes during the trial, and communicate any concerns with your lawyer. Pay attention as much as possible during the trial, and let your attorney explain anything that you don’t understand. Accept the legal advice from your attorney as long as it is in your best interest. Lastly, do not modify your story. Instead, you should stick to it up until the end of the case.

This article was written together with Robert Tritter, an aspiring lawyer who looks forward to helping you get more informed about the law. He writes this on behalf of Petersen Criminal Defense, your number one choice when seeking Sex Crime Defense in Omaha, NE. Check out their website today and see how they can help you fight against false accusations.