The burden of a false accusation of sexual assault is a heavy one, especially considering that public sentiment is to sympathize with the victim. If you’re wrongfully accused, you’ll face an uphill battle because you have to decode the law and manage the social catastrophe at the same time, and that’s pretty much the same, be it the United States or Canada. However, the legal definitions of sexual assault often expand with time, which is why it’s vital to know about them to protect your rights.
The thing is that when someone is falsely accused, their first reaction is probably to freak out and try to set things straight with complete openness. However, when it comes to sex crimes, just being open and transparent without having a strategy can put you in big trouble. Moving from accusation to being exonerated is not something you should do without a plan. Here are some steps to help someone accused of sexual assault protect their rights, reputation, and future.
Connect With Local Experts ASAP
Just like dealing with any type of legal charges, you should get a criminal defense attorney as soon as you’re falsely accused of sexual assault. Many people are under the impression that hiring a lawyer might prove they are guilty. However the truth is that the legal system is far too complicated for an average person to understand and handle on their own. Only an expert can help you understand the rules surrounding evidence and burden of proof.
You must also understand the importance of connecting with a local expert. In the United States, a defendant must understand state-specific statutes and also know the details of the 5th and 6th Amendments.
However, if you’re in Canada, you must connect with someone who knows the local legal environment. For instance, a Liberty Law sexual assault lawyer Edmonton will explain that sexual assault in this part of the world is not limited to intercourse but rather any kind of sexual contact.
It means how you should approach your case changes with a change in your geographical location, so take your time and pick someone who knows how the local judiciary works and the way prosecutors approach the issue of consent. This step is vital because you need a gatekeeper who knows the rules of the game in your area. A specialist lawyer can assist you by:
- Immediately conducting an independent investigation
- Identifying potential witnesses
- Preventing you from unknowingly waiving any of your constitutional rights
In short, you want an attorney who not only handles criminal cases but also specializes in sexual offense cases, as they involve many changing roles and cross-examination techniques.
Invoke Your Constitutional Right to Silence
The biggest trap that a falsely accused person can fall into is to talk their way out of the problem during a police interview. In the US, the 5th Amendment protects you from self-incrimination, and the equivalent Section 7 of the Canadian Charter does the same. The temptation to talk is huge, and you may think that if you explain the context of the relationship and what went on that night, the cops will see the truth.
You must understand that the police are not your advocates; instead they have to investigate an allegation and gather evidence to support a charge. By not making any statements, you allow your lawyer to plan a defense strategy. It also prevents the prosecution from locking you into a story before your lawyer has a chance to look at the state’s evidence.
To handle it all effectively, you should be firm but polite when dealing with law enforcement officials. When they approach you, tell them that you don’t want to give any statement and that you want an attorney first. Don’t try to justify your silence either, as it’s your constitutional right and can’t be used as evidence of guilt.
Be Sure to Preserve Digital Evidence
These days, no personal interaction takes place without a digital footprint. In most cases, there’s a record of text messages, social media activity, and even GPS activity related to the interaction. If you’re dealing with a sexual assault case the metadata can be the silent witness that helps back up your side of the story or identifies holes in th either person’s story.
This is an important step because you have to overcome a number of challenges when you take your private records to court. For instance, in the US, Rape Shield Laws are meant to protect a victim’s sexual history from being used against them, but they may also be used to prevent a defendant from introducing relevant evidence to the case.
In Canada, recent changes require you to make a formal request before sharing text messages or emails at trial. It means that if you delete these messages out of anger or to move on, you may actually be destroying important evidence your lawyer may need to support your case. In order to handle this situation well, you should:
- Not delete any messages exchanged with the accuser, even if they seem irrelevant and/or paint you unfavorable light at first.
- Collect receipts from restaurants, Uber/Lyft ride history, and fitness tracker data, like GPS location, to prove your location and activities at a specific time.
- Identify third-party witnesses, as their early statements may be important before memory fades.
Implement a Strict Protocol for Privacy
A false accusation of sexual assault can spark a trial by social media long before any courtroom drama. The damage to your reputation can get you fired, ostracized, or mess with your mental health. It’s natural to rush to social media to defend yourself or to expose the accuser.
However, you must understand that anything you say out in public, like a Facebook post, a tweet, or a comment on a news story, is discoverable. Prosecutors can interpret your public outbursts as a sign that you’re aggressive or vengeful and use that to influence how a jury perceives you as a person.
Contacting the accuser and forcing them to tell the truth can be interpreted as witness tampering or obstruction of justice, which is a separate crime and can get you jailed even if you successfully defend yourself in the assault case.
Prepare Yourself Mentally for a Long Battle
When dealing with sexual assault charges, don’t expect a quick decision. In fact, it can take anywhere from six months to three years from the time of the initial charge to the final resolution. You may also be under pretrial release or bail at some point, which can restrict your life with GPS monitoring, no-contact orders, or bans on visiting certain places.
Preparing yourself mentally is vital because living under that kind of cloud of suspicion can hit you hard. In fact, many people who are falsely accused often end up dealing with PTSD, depression, and anxiety. If you’re convicted, it’s huge because you might end up having to deal with sex offender registries, such as SOIRA in Canada or SORNA in the US, which affect where you live and work for the rest of your life.
Endnote
Being falsely accused of sexual assault is something that can shatter your life. The law is supposed to protect the innocent, but in the early states, it can favor the accuser. However, it’s possible to build a strong case by working with the right expert and taking certain steps early. Don’t let anyone dictate how you should react, other than your legal representative. Resist the temptation to give any statement without consulting your lawyer and stay away from social media until your case is in court. Remember, exoneration is possible, but it requires a mindset to strategize and be patient to let the law work in your favor.
