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How to Prove a Sexual Allegation is False

Posted by Jarrod M. Wilfert | Nov 24, 2017 | 0 Comments

Sex crimes have earned a reputation for being among the most serious and difficult charges one can face. Not only do they pose incredibly harsh penalties, including lengthy terms of imprisonment and sex offender registration, they have the potential for creating life-altering repercussions in one's personal and professional life. In fact, simply being accused of a sex-related offense – even if it is false – can be enough to tarnish your reputation.

At Wilfert Law P.C., our Ventura criminal defense lawyers have the experience and backgrounds – including former law enforcement and prosecutor experience – to zealously protect the rights of individuals facing accusations, investigations, and charges involving a sex crime, such as sexual assault, abuse, sexual battery, and more. We understand the gravity of these allegations, and we know that even false accusations can put individuals at risk, especially when they go without representation.

If false sexual allegations have been made against you, you cannot hope that the truth alone will result in a positive outcome. Sex crime accusations are taken extremely seriously by law enforcement, and they can and result in investigations and allegations, even when false. Whether you have been made aware of an allegation or pending investigation, or have already been charged, you should be intent on retaining a proven defense lawyer like those at our firm to help you prove the allegations against you are unfounded.

Because every case is different, defending against false allegations will be based on the unique facts and circumstances at hand. Generally, there are some key elements that could be involved in proving allegations as false, including:

  • Lack of evidence – When it comes to sexual allegations, not all charges require signs of physical injury or other traditional forms of evidence. This being the case, false accusations can lead to weaker cases, especially when prosecutors lack critical evidence to warrant a charge or conviction. Highlighting the prosecution's lack of evidence can be important to your case, both before any charges have been formally filed, and after.
  • Issues of consent – Sexual consent has become a highly prominent issue when it comes to sexual misconduct and allegations. Because sex crimes involve a lack of consent by victims, defense strategies may involve investigating and presenting evidence regarding consent.
  • Other motives – There are some sex crime cases where individuals are falsely accused due to victims having certain motives. This may include attempts to make accusations based on revenge or anger, or even as a means to influence other matters, such as child custody. When investigating false allegations, providing evidence as to a victim's unlawful motives can be as critical as highlighting the government's lack of evidence.

Depending on the facts involved in your case, disputing false allegations may entail a range of issues and strategies. That's why it becomes critical for accused individuals to immediately consult an attorney about taking the next steps. Our legal team is readily available to do just that, and to protect your rights at every stage of the process. Contact us for a free legal consultation.

About the Author

Jarrod M. Wilfert

Founding Attorney A Reputation of Excellence Jarrod M. Wilfert has been involved in criminal law for over a decade and as a former Police Officer, Prosecutor and certified Drug Recognition Expert, he brings a unique and aggressive perspective to the practice of criminal defense and civil litig...

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