Steps to Take if You Are Falsely Accused of Sexual Assault

Unfortunately, false accusations of sexual assault do happen and can ruin the lives of those accused.. In reality, nobody knows the exact percentage of rape allegations that are false. Media stories detailing shocking instances of rape and assault fall apart with even minimal scrutiny, so nobody should assume all victims are telling the truth.

Call William G. Yarborough, Attorney at Law, today if you were falsely accused of sexual assault. It is critical to begin building a solid defense immediately. Suspects should avoid some common errors, and we offer some preliminary advice on how to prove your innocence when falsely accused. You can schedule a consultation with our Greenville, SC sex crimes lawyer.

Step #1: Do Not Speak with the Police

You should avoid answering any questions, whether you were arrested or not. The police might casually stop by to talk, acting as if they do not suspect you of a crime. You are not obligated to answer their questions—ever.

Furthermore, you should request an attorney if you are arrested. Just say, “I won’t answer your questions. I want to talk to my lawyer.” Anybody wrongfully accused of sexual assault should give the police as little information as possible.

Step #2: Do Not Consent to Any Searches

A sexual assault prosecution usually rests on physical evidence, including DNA evidence and witness testimony. The police might want to look at your phone or walk through your apartment (if the assault allegedly happened there).

Always refuse to give consent. If they want something—a blood sample, a peek at your phone, a search of your car or apartment—make them get a warrant.

Step #3: Save All Communications with the Alleged Victim

Texts and emails are often critical pieces of evidence in a sexual assault South Carolina case. Preserve any communication with the alleged victim.

For example, the alleged victim might claim you raped her. However, the next morning, she sends a cheery text message or tries to arrange a time to meet up. That type of behavior is not what we expect of someone who was sexually assaulted.

Share any communications with your lawyer. You can be sure the victim is not sharing this information with the prosecution, who probably received a slanted, one-sided view of the situation.

Step #4: Stay Off Social Media

It is critical not to say or do anything that casts doubt on your credibility. Social media is a fact of life, with many people having TikTok, Instagram, Facebook, or a dozen other profiles. But social media presents opportunities for handing over evidence to the state. Here is how to handle social media:

• Set accounts to private immediately.
• Do not add friends. You don’t know if someone with the prosecution is posing to gain access.
• Avoid talking about your arrest or the alleged incident, even after setting the account to private. The state can sometimes get court permission to view your account, so it is best to say nothing.
• Don’t erase evidence or unfriend the alleged victim.
• Show the account to your sex crimes lawyer, who needs to know about it.

Remember, it’s not a crime to have dated or even had consensual sex with the alleged victim. So there’s no reason to hide or delete pictures of the two of you together. By trying to erase this information, however, you act as if you are guilty.

Step #5: Identify Alibi Witnesses

Some sexual assault cases are based on a misunderstanding. A defendant reasonably believed the other person was consenting to sex, whereas the alleged victim believes they were assaulted.

In other cases, however, the alleged victim outright lies or misidentifies the assailant. In this category of cases, an alibi witness might prove crucial to your defense. This person can place you far away from the scene of the assault. Let your lawyer know where you were on the day of the attack.

Step #6: Schedule a Consultation with an Experienced Sex Crimes Lawyer

You need to immediately “lawyer up” if you are falsely accused of sexual assault. A lawyer can help you understand:

• The possible penalties if convicted.
• What evidence the prosecution needs to convict you.
• The strength or weakness of the evidence against you, based on what you know.
• The high burden of proving you guilty beyond a reasonable doubt.

Any lawyer with a bar license is technically qualified to defend you from criminal charges. But the best choice is to find someone with decades of experience in sex crimes.

Step #7: Don’t Hide Anything from Your Lawyer

A lawyer cannot effectively defend you if you hide information. For example, avoid hiding:

• Previous accusations of sexual assault against you, even when you were a juvenile.
• Any drug or alcohol addiction that you have.
• Other disciplinary actions taken by a school, such as for cheating.
• Whether you had sex with the alleged victim.

A skilled lawyer can often explain away even damaging pieces of evidence. Did the victim have a rape kit done, which shows your DNA? We can argue that the sex was consensual. Were you accused of sexual assault 5 years earlier? We can argue that the judge should exclude this evidence as unfairly prejudicial. Our firm can be more effective if we aren’t blindsided by this negative information.

Step #8: Do Not Contact the Alleged Victim

You should avoid sending texts or emails or stopping by to talk. The same holds true of any friends or acquaintances you have in common. There is no reason to talk to them while your case is ongoing.

Step #9: Keep Your Nose Clean

This advice holds true for anyone facing criminal charges. Everyone in the justice system will view you differently if you continue to rack up criminal citations or arrests while accused of sexual assault.

Contact Our Law Firm Today

Anyone falsely accused of sexual assault deserves a vigorous defense. The stakes are high—you could end up in prison for years and need to register as a sex offender when released. Hire the right sex crimes lawyer to begin searching for evidence and mounting the strongest defense. Contact William G. Yarbrough today to start working on your case.