False Allegations of Sexual Assault
False allegations of sexual assault come with serious consequences and major repercussions that can follow you for the rest of your life. There are also legal consequences for those falsely accusing someone of sexual assault. It is a crime in Texas to falsely claim a sexual assault and those found guilty of this crime can face stiff fines and penalties.
What Motivates an Unfounded Sexual Assault Charge?
It’s not always easy to determine the motivation of someone making false allegations against you. If the accusations are coming from a child, they may be under the influence of an older person with their own agenda. Some reasons may be:
- Claimant holds a grudge against someone
- Claimant is using false accusation to gain advantage in child custody
- Claimant suffers from a psychological disorder
- Claimant is simply malicious
- Claimant has an agenda that involves discrediting someone for financial gain
It’s not easy to define false allegations due to the nature of the claim. It can come from many different motives and situations some of which have been enumerated. You should be aware that prosecutors and law enforcement officials are used to dealing with the accusers' statements being inconsistent and even having parts of the statement that are obviously untrue. They normally do not automatically throw out these claims.
Sexual Assault is a Serious Charge
Sexual assault is taken very seriously in Texas and a thorough investigation will normally follow a claim, unless it is determined to be clearly baseless. Some common reasons cases are labeled as unfounded include:
- The accuser withdraws their complaint
- The accuser becomes uncooperative and doesn’t follow through with case
- The accuser frequently changes their account of the incident
- No perpetrator can be indentified
- The accuser cannot be located for trail
- Inconsistencies with testimony and other physical evidence
- Testimony that seems implausible or improbable
- Behavior before or after the event that is questionable
- Evidence that points to a motive
- False testimony, finding falsification in prior testimony
Stephen Hesse Law Firm Can Help
Unfortunately, false accusations of sexual assault are all too common. If you have been falsely accused of sexual assault or sexual abuse you will need the help of a criminal defense attorney that has experience with trial situations, can determine inconsistencies in the accusers statements during cross examination, and someone who is familiar with the criminal justice system in that court. Confidence comes with experience and success.
Stephen Hesse, criminal attorney has over 20 years of combined experience in criminal law, from both sides of the bench, as a prosecutor and defense lawyer. Contact Stephen today for a completely confidential and free consultation of your case.