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What to Do if You Are Falsely Accused of Sexual Assault in Texas

Published: Dec 07, 2022 in Criminal Defense, Sex Crimes

If you have been falsely accused of sexual assault, you likely feel overwhelmed at the thought of being convicted of a crime you did not commit. Other people may vilify your character regardless of your side of the story.

False accusations in a sexual assault case have the potential to damage your reputation and future. For this reason, you must be prepared to take action if false allegations are brought against you. Here are steps to protect yourself if you have been accused of a sex crime or sexual assault in Texas.

Why Would Someone Make a False Sex Crime Accusation?

It is difficult to imagine why someone falsely accused you of a sex crime. Sadly, false allegations of sexual assault and other sex crimes are far more common than you might have thought. Generally, these occur when accusers are impaired and make a false identification.

However, they can also occur when the alleged victim initially consents to sex but later regrets their decision. Under worse conditions, such as custody cases, allegations of sexual assault and other sex crimes may be made in the hopes of reducing child custody rights.

Understanding the potential reasons for false sex crime accusations is critical in defending yourself when they arise. This information can go a long way in helping you build a powerful defense.

Steps to Take After Being Falsely Accused

After you have been falsely accused of a sex crime, you may be left feeling scared and worried about what comes next. The following steps you take could make all the difference in whether you are convicted of the allegations against you or the charges are dropped entirely.

Contact a Lawyer

Your very first call needs to be to your Texas sex crimes lawyer. You should exercise your right to remain silent and not provide the police with any information or answer any of their questions. Anything you say can and will be used against you at trial.

Your attorney will likely advise you to write or record your version of how the alleged incident happened. Make sure you include even seemingly minor details, as these are often forgotten later. You can also make a note of any potential witnesses to the incident in question and provide your attorney with any communication exchanges between you and the alleged victim.

Gather Evidence

While you wait to meet with your attorney, gather as much evidence as possible to support your case.

If video footage could have caught the alleged incident on camera, your attorney needs to know about this. If you have photos on your phone of you and the victim from the night of the alleged incident, now is the time to give them to your attorney.

You should not provide anyone other than your attorney with this evidence, as it may be needed to prove your innocence at trial if formal charges are filed against you. Your lawyer will reach out to potential witnesses to learn more about the incident in question, and your relationship with the alleged victim and determine whether they should testify on your behalf.

Don’t Talk About Your Case to Others

Although you may be angry that there have been allegations made against you, now is not the time to defend yourself to anyone other than your attorney. Do not go on social media and discuss the allegations that have been made against you. Do not plead your innocence to anyone. Never make a statement to the police.

Most importantly, do not reach out to the person who accused you of sexual assault or another sex crime. You must exercise your right to remain silent at this time, or you could risk harsh penalties.

Ways Sexual Assault Cases Can Get Dropped

There are generally a few different ways in which sexual assault claims can be dropped before formal charges are filed. In some instances, when an individual makes false allegations of rape, sexual assault, or other sex crimes, they can be charged with a felony. This is often a deterrent when the defense challenges the allegations.

You could also avoid the severe penalties of a conviction by agreeing to participate in a pretrial diversion program. Typically, these are available for first-time or non-violent offenders. You may or may not qualify, depending on the circumstances of your case.

If you adhere to the terms of the program, the charges against you can then be dismissed. You can learn more about how your attorney plans to get the allegations against you dismissed when you contact our team to discuss the specific details of your case.

How a Lawyer Can Help

Sex crime accusations are enough to destroy your reputation whether you are convicted or acquitted. You should have an experienced criminal defense attorney handling your case to avoid the challenging consequences of false accusations. Some of our most important responsibilities will include the following:

  • Introducing an ironclad alibi
  • Providing evidence that shows the alleged victim’s memory of the sexual encounter is skewed, such as the consumption of drugs or alcohol
  • Providing the court with verbal or written exchanges and other interactions between you and your accuser
  • Providing the court with motives the alleged victim may have had to make false accusations against you
  • Securing the medical records and evaluation of the alleged victim in your case

Call a Texas Sex Crimes Lawyer Today

Get started on your defense strategy as soon as today when you contact an experienced Texas sex crimes lawyer at The Law Offices of Ned Barnett for help. Fill out our confidential contact form or call us to schedule your initial consultation as soon as today.