Addressing false accusations of sex offenses

Law Office of Carney, Gaudet & Carney

Perhaps there was a fleeting encounter at a social gathering. Maybe a budding relationship seemed to suddenly move to the next level. Individuals who have engaged in consensual acts of intimacy are often very excited about their experience and possibly hopeful about the future.

All of that can come crashing down in an instant if police officers come knocking. Sometimes, consensual romantic encounters eventually result in allegations that no consent was given. People who might never consider engaging in underhanded and illegal activity might find themselves facing some of the most stigmatized criminal accusations possible.

What happens when someone who had an intimate encounter with someone else faces false accusations of sexual violence?

The details inform the best response

There are countless reasons why the parties who engaged in an intimate encounter may not agree about the nature of their interactions. A lack of communication, a disparity in personal power or chemical intoxication could complicate the situation. The other party might claim that they revoked consent partway through the encounter, that they were too inebriated to consent or that they never granted explicit consent at all.

There is a substantial burden of proof on the state in cases related to sexual assault that can be difficult for prosecutors to meet. Especially in cases where there’s no objective evidence but instead just the verbal statements of the two people involved, it can be difficult to determine who told the truth and who exaggerated details or outright fabricated their claims.

In some cases, there may be a clear motive for misrepresenting what happened. Someone who engaged in a one-night stand may have already been in a long-term relationship. Judgment from conservative or religious family members might also play a role in someone changing their story about a prior encounter.

In some cases, there might be text messages or private messages exchanged on social media after the encounter that can raise questions about what actually happened. There could be a total lack of forensic evidence or a history of questionable choices on the part of the accuser to explore.

As is true for all types of crimes, those accused of sexual misconduct often require a custom approach to criminal defense based on the specific charges that they face and the details of the allegations against them. Securing the support of a criminal defense attorney as soon as possible can make a major difference for those accused of sexual crimes. With the right support and strategy, false accusations do not have to ruin a defendant’s life.

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