False accusations of sexual assault, child sexual abuse or some other type of sexual impropriety can occur to almost anyone. Usually there is an underlying reason for the alleged victim to create the lie, such as malice, revenge or to extort something from the accused. Some common reasons for false allegations include:
- To gain leverage in a child custody or divorce battle;
- To gain attention or sympathy (often the reason that young girls with dysfunctional families make false accusations)
- To damage another person’s reputation
Of course, there are legitimate cases of rape and molestation, but the majority of investigations of sexual misconduct do not result in arrests. Even if it is clear that the accuser is just trying to manipulate the legal system, you should retain an experienced criminal defense attorney at the time you are contacted by the police or an investigator from child protective services.
No Talking to Authorities
Nothing you say will clear you, but anything you say can and will be used against you in a court of law. Therefore, exercise your right to remain silent, and if law enforcement wants to question you, call a criminal defense lawyer to get advice on how to respond. Remember that any statements that your lawyer gives to the police on your behalf cannot be used against you in court, so you should talk through him.
Submit to Polygraph Test
If you are truly innocent, you should consider taking a confidential polygraph examination. Although the results are inadmissible in court, the prosecutor may be less inclined to charge you if the results suggest that you are innocent. However, if the results are not favorable, your lawyer will not disclose the results to anyone. Instead, he may be able to use that information to build a more appropriate defense to your case.
Therefore, exercise your right to an Attorney, and if law enforcement wants to question you, call a criminal defense lawyer to get advice on how to respond. Remember that any statements that your lawyer gives to the police on your behalf be used against you in court, so you should talk through him.