Jack Rice Defense: The Dos and Donts When Falsely Accused of Sexual Assault
Being falsely accused of sexual assault in Minnesota can have devastating consequences, impacting your reputation, livelihood and even your future. If convicted, you may face jail or prison time and severe penalties including registration as a sexual predator. Navigating such a situation requires caution and avoiding common mistakes. If somebody is making false allegations of sexual assault or similar charges against you, make sure you consult with an experienced Minnesota criminal defense attorney.
“False accusations can be completely devastating. So much for the presumption of innocence.”
Steps to Take, and Not to Take
Here are some important things to avoid when falsely accused of sexual assault:
Don’t Contacting the Accuser: Attempting to communicate with your accuser can potentially exacerbate a bad situation. This could drive your accuser to take further and even unforeseen steps. Worse, if there is a protection order in place, your contact could be a violation. Better step is to contact and experienced defense attorney.
Don’t Discussing the Accusation with Police: While you may believe that openly discussing the accusation with the police will help your case, this is not always the best approach. The problem is that this may place these allegations in the sites of law enforcement which in itself may spur an investigation. Consider that the police could file charges based exclusively on the word of the accuser. Charges can come with severe ramifications of their own. It is more beneficial to exercise your right to remain silent until you have consulted with an experienced Minnesota criminal defense attorney.
Don’t Ignore Court Orders and hope is will go away. Ignoring or resisting the legal process can create additional problems. If there are No Contact Orders or Orders for Protection, make sure you do not violate those order. At the same time, acting like the allegations don’t exist is not also the best approach. This window of time may create some opportunities.
Don’t Fight Back on Social Media: Resist the urge to defend yourself on social media platforms. While it may seem like an ideal outlet to share your side of the story, this can backfire. Everything you write could come back to haunt you. It will frequently be take out of context and then used as a weapon against you. The police may comb through your posts for any information that could be used against you in court. It is crucial to refrain from posting about the case or engaging in any discussions related to it online.
There are also some opportunities that may present themselves and you might want to take advantage of:
Do Contact Legal Counsel: Consulting with legal counsel at this stage can give you a broader set of options and sometimes opportunities. In fact, this may be critical and one of the smartest things that you can do.
Do Have Counsel Step between You and the Police: If you have been contacted by the police because of these false allegations and they “just to talk,” an experienced criminal defense attorney can handle these communications and may place you in a much better situation.
Do Have Counsel Consider an Investigation: Sometimes understanding the allegations can provide an opportunity to conduct an investigation into the events in preparation for possible criminal charges or other litigation. There is sometimes a very small opportunity for this and if you miss it, it is gone.
“In the Me Too world, the argument seems to be if they say it happened, it happened. Of course, what happens if your accuser is a liar.”
Conclusion:
Sexual assault allegations, even when false, demand a thoughtful, comprehensive and careful response. To navigate this challenging situation successfully, it is vital to avoid common mistakes. Seeking guidance from a competent criminal defense attorney can help safeguard your rights, guide you through the legal process, and work towards clearing your name in court. Remember, avoiding these pitfalls and following the advice of legal professionals are crucial steps towards achieving a fair outcome. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. When your life is on the line, make sure Jack Rice Defense is by your side.
Jack is a nationally recognized and award winning criminal defense lawyer, awarded Minnesota Super Lawyer for 2023, Among the Best Lawyers of 2022, winner of the Minnesota Attorney of the Year Award for 2021 and founder of Jack Rice Defense. He was awarded the Professional Excellence Award from the MSBA for 2020, and is an MSBA Board Certified Criminal Law Specialist. He is also a former Prosecutor and a former U.S. Central Intelligence Agency Officer. This St. Paul Criminal Defense Lawyer has decades of experience successfully representing thousands of clients facing everything from Sex Crimes, Child Pornography, Domestic Assault to DWI to Murder to other serious criminal charges.