In most false rape allegation cases, people intentionally lie about being the victim of rape or sexual assault. Filing a false report of sexual assault is a crime in itself, depending on the person’s intent making the report. A competent Brooklyn sex crimes defense attorney often defends clients against false sexual allegations without prejudice and fights to reverse the damage to their name and reputation from said allegation.
What is Sexual Assault?
In most states, rape is the term for any kind of sexual activity that involves sexual contact without consent or under the threat of violence or blackmail. Statutory rape is when a legal adult carries out sexual activity with a legal minor. Rape can also cover sexual activity with an individual incapable of giving proper consent due to mental impairment, alcohol intoxication, drug intake, deception or unconsciousness.
Sex assault is a grave crime, and depending on the circumstances, it can carry penalties including (but not limited to) jail time and the requirement to register as a sex offender.
What is a False Accusation for Sexual Assault?
The studies show that between 2% and 10% of sexual assault allegations are false. This number is huge and leaves a lot of potential innocents in danger of wrongful character defamation. False sexual assault cases fall under two categories;
- False sexual assault accusation resulting from false memory of the incident or the events leading up to it
- False sexual assault accusation resulting from malicious intent
Law enforcement organisations or prosecutors do not like interference in the criminal justice system, such as filing a deliberate false sexual assault report.
If someone intentionally accuses you of rape or sexual assault, you can hire a sexual assault defense lawyer to represent you in the trials. The lawyer will help to clear the charges against you, and if you turn out innocent, you can file both civil lawsuits for damages and criminal charges against the accuser.
What Can You Do When Falsely Accused of Sexual Assault?
If someone has falsely accused you of sexual assault resulting in a criminal charge, you can file a civil suit with the help of a false arrest lawyer for the damages incurred.
You can also sue your false accuser for libel or slander for damage to your reputation. Some states assume the accusation itself counts as damage – meaning, you do not have to prove the loss of a job or false imprisonment. You can also recover actual monetary damages with the help of a personal injury attorney.
Other probable claim includes the negligent or intentional infliction of mental distress from malicious prosecution or false imprisonment. The exact type of claim a victim pursues depends on state law, which varies.
What Are the Likely Consequences of a False Rape Claim for the ACCUSED?
Sexual assault is a very serious crime. Depending on the severity, an attacker can face from several months to many years in prison. In addition, the accused can end up in a state or federal database as a registered sex offender, which means the accused will be registered to law enforcement as someone who has committed a crime related to sex. This nomination in the list may not go away for years or even a lifetime. Like, for example, the Canadian political candidate Karim Jivraj had to end his political career based on a false sexual allegation.
Designated sex offenders also face severe limitations when they get out of prison. For example, the state may control where the offender lives, works, travels or enjoy other rights.
What Are the Likely Consequences of a False Rape Claim for the ACCUSER?
The person making false sexual assault reports may be charged with a misdemeanor or a felony, depending on the state.
In some states like California, a false sexual assault claim is charged as a misdemeanor. Its punishment can include up to six months imprisonment in county jail, fines, probation, counseling and community service.
However, in other states like Michigan, a false sexual assault claim is charged with a felony. Its punishment can include up to 20 years in prison.