Every year thousands of wrongly or unjustly accused find themselves handling false allegations of Sexual Assault. False allegations of sexual assault are unfortunate for all parties invloved. They take up time and money and in the end, no-one wins. Sadly, there are many innocent people accused of sex assualt or sex assault on a child in prison. Researches suggest that two to ten percent of sexual assault cases reported annually are pronounced false after investigations. However, many experts are of the view that the percentage of allegations that are actually false are closer to the two-percent range. Other allegations are deemed false erroneously by law-enforcement officials, departments or the jury. Together, they bring the total up to 10 percent.
Sexual assault allegations change someone’s life for ever, and that is the trouble with false allegations. Even if they are proved to be purely fabricated, the accused has to live with it for the rest of their life. The stigma surrounding sexual assault is enough to ruin the individual’s social life, reputation and career.
Rationale behind false allegations
Sexual assault of any kind, including rape is a very serious matter, making false allegations very difficult to establish or prove. Even though empirical records suggest they lie in the two percent to 10 percent rage, the true picture is different, especially in workplaces or other social settings where they can be misused by an unscrupulous individual.
The motives behind falsely accusing someone of sexual assault differ from person to person and are usually very difficult to establish. The most common ones include – 1) outright malicious reasons (when a person makes false allegations to destroy the other person), 2) psychological problems (the accuser is not in the right frame of mind and misjudges circumstances around him or her) and, 3) self-protection (when a person uses charges of rape against an abusive authority figure, say husband or father), 4) an ex spouse using allegations for an advantage in a custody/divorce proceeeding.
Malicious false allegations occur mostly at workplaces and social establishments where a person tries to discredit another (who they perceive as worthy competition) or take revenge upon them by jeopardizing their personal and professional life.
What you can do when false allegations have been made against you
The first thing you want to do is contact an attorney. An experienced lawyer will help you protect your rights and fight the battle to protect your personal dignity, relationships, social status and professional success. Do not speak with the investigator without first contacting an attorney. It is also a good idea to exercise your right to silence.
The details you share with an officer may give the prosecution can be interpreted agaisnt you. The police are there to exonerate you. They are investigating to get enough evidence to charge you. The process of proving that allegations were false is complex, primarily because the motives of individual complainants may be difficult to establish. Usually, law enforcement officials interview the complainant to determine whether a crime has occurred. Officials get alarmed by sentences filled with inconsistencies or lies and only then do they entertain the possibility that you may have been wrongly accused.
However, a person with malicious intent, who has gone so far as to implicate you falsely, usually perfects his or her story before approaching authorities. Only an experienced lawyer, who is well versed in the tactics of establishing motive and getting the complainant to divulge the truth will be able to defend your rights and honor. Contact Denver criminal defense lawyer Richard B. Huttner at your earliest to help prove your innocence in a sexual assault case.