Being accused of sexual assault is a devastating and life-altering event, especially if the accusations are false. Under California law, sexual assault allegations can lead to serious criminal charges, steep penalties, and lasting personal and professional consequences. Acting quickly and strategically can help protect your rights and defend your reputation.
If you’re wondering what to do if falsely accused of sexual assault, one of the most important steps includes getting an attorney as soon as possible. A seasoned lawyer can help guide you through an unfamiliar and often intimidating process.
Immediate Steps to Take After an Accusation
Your response in the initial days and weeks following such an accusation can significantly impact your case. Promptly taking the proper steps ensures you protect your rights and minimize the chances of further legal complications.
- Contact an attorney right away. Consult a California criminal defense attorney who is experienced in handling sexual assault cases. They can advise you on the legal process, prepare you for what is next, prepare and argue your case, and protect your rights.
- Avoid contact with the accuser. Do not attempt to confront or communicate with the accuser. Trying to do so can be used against you in court.
- Document your whereabouts. Record details about your whereabouts, interactions, and communications related to the time leading up to and including the incident.
- Refrain from speaking to law enforcement without counsel. Anything you say to the police can be used as evidence against you, regardless of how innocuous you think it is. Therefore, only speak with law enforcement in the presence of your attorney.
For example, if you are questioned about the accusations, politely decline to answer and ask for your attorney. Be careful, as the police are trained to entice you to talk. They will likely suggest that it is in your best interests to talk, even before seeing your lawyer. Do not believe them, and politely exercise your right to remain silent—at least until you speak with your lawyer.
Building a Defense After Being Accused of Sexual Assault
Once you’ve secured legal representation, your focus should be helping your lawyer build a defense. A strong defense requires gathering evidence, analyzing the accuser’s claims, and challenging the credibility of the allegations. Your lawyer will know how to do these things, but you can help.
- Gather exonerating evidence. Save texts, emails, photos, or social media posts that tend to contradict the claims. Those that demonstrate consensual interactions or contradict the accuser’s story will be the most helpful.
- Identify witnesses. Try to think of individuals who can verify your whereabouts at the time of the incident. You can also try to locate anyone who can provide testimony supporting your version of events.
- Request records or video footage. If the incident allegedly occurred in a public or monitored area, your attorney can obtain surveillance footage or documents that could help exonerate you. However, these records are not always kept for long, and your attorney should know how to get them before they are taped over or discarded.
- Highlight motivations for false claims. Demonstrate any motives the accuser may have for making false allegations. Such motives can include financial gain, personal revenge, or custody disputes.
False reports of sexual assault, while uncommon, do occur. A study of over 2,000 sexual assault cases across multiple U.S. communities revealed a false report rate of 7.1%. Presenting evidence that challenges the accuser’s credibility or reveals inconsistencies in their account can be a critical part of your defense.
Common Pitfalls to Avoid
It’s natural to feel anger or fear when falsely accused, but avoiding certain behaviors is key to protecting yourself legally and emotionally. Missteps can worsen your legal situation or damage your defense strategy.
Some mistakes to avoid include:
- Contacting the accuser—even if your intention is to resolve the situation, communication with the accuser can be misconstrued as harassment or intimidation;
- Deleting messages or social media posts—this can be interpreted as tampering with evidence;
- Ignoring legal proceedings—failing to comply with court orders or legal deadlines can harm your case; and
- Discussing the case publicly—avoid discussing the allegations with anyone except your attorney, as public statements can be used against you.
For instance, venting about the accusations on social media could be taken out of context and used to paint you in a negative light. Remaining calm and focused on your legal defense is critical.
Protecting Your Future
Sexual assault allegations can have lifelong consequences, affecting your relationships, career, and reputation. Taking a proactive approach with the help of a qualified defense attorney is essential to protecting your future.
An experienced attorney will:
- Analyze and dispute evidence—identifying inconsistencies or procedural errors in the prosecution’s case;
- Advocate for your rights—ensuring fair treatment throughout the investigation, pretrial, and trial process; and
- Build a comprehensive defense—crafting a strategy tailored to your case to challenge the allegations effectively.
In California, a conviction for sexual assault carries penalties such as prison time, mandatory registration as a sex offender, and hefty fines. These outcomes can follow you long after your case is resolved, making it vital to protect your future by acting decisively and working closely with legal counsel.
Have You Been Charged with a Sex Crime in California?
If you’ve been charged with a sex crime, it’s essential that you immediately address the situation. Few things in life are as serious as facing the possibility of a sex crime conviction. However, at Comings Law, we’re prepared to aggressively defend you against even the most serious charges. We have extensive experience handling tough cases, and we will fight hard to protect your freedom. To schedule a free consultation today, give us a call or connect with us through our secure online contact form.