Sexual assault and similar offenses carry some of the harshest penalties under Texas law. That’s why false sexual assault allegations in Texas can be incredibly damaging, both legally and personally, even before the truth comes out. Furthermore, an allegation of sexual assault is enough to ruin your reputation, career, and social life. Swift action is crucial to counter false sexual assault allegations in Texas, and our Dallas sex crimes defense lawyers can help.
Immediate Steps After a False Accusation
Defending yourself against false sexual assault allegations starts from the moment the police arrest you. Here’s what to do to give yourself the best chance of refuting these charges and keeping your freedom:
- Stay calm. It’s natural to feel panicked, but losing your temper or saying too much will only hurt your case.
- Do not talk to the police. Politely say you want a lawyer, then stop answering questions. Even if you’re innocent, the police or prosecutors can twist your words to hurt your defense.
- Don’t try to explain or argue. You won’t clear things up by telling your side now. Officers are trained to gather evidence, not decide your guilt or innocence.
- Avoid talking to others in the jail. Anything you say—even in casual conversation—can be shared with police or prosecutors.
- Do not consent to searches or tests. The police may ask you for DNA, access to your phone, or other items. Politely say you won’t agree without legal advice.
- Write down what you remember. If you can, note key facts like the officers’ names, where they arrested you, and the time. These details can help your defense later.
- Refuse to sign anything. Some documents may waive your rights or help the prosecution’s case. Wait for your lawyer to explain what the documents mean.
- Protect your digital life. If the police release you on bail, don’t delete your texts, social media, or emails. Let your lawyer decide what’s essential, as hiding some information could qualify as a crime.
- Call a criminal defense lawyer as soon as you can. The sooner you get legal help, the better your chances of protecting yourself.
Common Defenses to False Allegations
Defending yourself against false sexual allegations requires a sound strategy and help from an experienced lawyer. The best defense depends on the facts of your case, but some potential strategies include:
Lack of Evidence
There’s little or no physical evidence in many sexual assault cases. If the prosecution can’t prove that any assault occurred, their case may rely only on the accuser’s word. Pointing out a lack of DNA, injuries, eyewitnesses, or surveillance can create reasonable doubt and weaken the entire case.
Consent
Consent is often a crucial issue in sexual assault cases. You may be able to argue that you and the alleged victim agreed to the act. Text messages, social media posts, or witness testimony can support your account that the contact was voluntary.
False Accusation or Motive to Lie
Sometimes people make false sexual assault accusations out of anger, revenge, regret, or to gain an advantage. For example, people involved in divorce or custody cases may accuse their spouse of assault to gain an edge. If the accuser has a clear motive to lie, your attorney can expose it. Evidence of past threats, inconsistent stories, or the timing of the allegation can support this defense.
Alibi
The prosecution’s case may fall apart if you can prove you were somewhere else when the alleged assault happened. Receipts, video footage, GPS data, or witness statements can confirm you weren’t present for the alleged attack.
Inconsistencies in the Accuser’s Story
A shaky story often raises doubts for jurors. If the alleged victim changes details or gives different versions of what happened, it damages their credibility. Your lawyer can use police reports, text messages, or court testimony to point out contradictions.
Mistaken Identity
In some cases, sexual assault victims misidentify the person who attacked them. This can happen if the area was dark or if the victim was under the influence of drugs or alcohol. Your attorney can use witness testimony, digital records, or other evidence to show you don’t match the victim’s description of their attacker.
Criminal Protections & Texas Penal Code
Making a false report of sexual assault can be a crime under Texas law in specific circumstances. Under the Texas Penal Code, creating a false report of a crime to the police with the intent to deceive is a Class B misdemeanor. The penalties include up to 180 days in jail and a fine of up to $2,000.
If the accuser manufactures fake evidence, that’s a third-degree felony with much harsher penalties. Perjury, giving a false statement under oath, is either a Class A misdemeanor or a third-degree felony in Texas, depending on the situation. If these lies have harmed you, you may wonder: Can you sue for false allegations of a sex crime in Texas? The answer is yes in some cases, mainly if the false claim has caused significant personal or professional harm.
It’s up to prosecutors to file these charges if you show you are the victim of false allegations. Whether prosecutors file charges depends on the case and the extent of your accuser’s illegal activities.
Civil Remedies for False Accusations
You don’t have to rely on prosecutors to hold someone accountable for a false sexual assault allegation. If someone falsely accuses you of sexual assault, you may be able to sue them in civil court for defamation. Defamation includes spoken (slander) and written (libel) false statements that harm your reputation.
To win a defamation case, you must prove that the accuser knowingly made a false claim or acted with reckless disregard for the truth. You must also show that the false accusation damaged your reputation, caused emotional distress, or led to financial harm (such as losing your job or clients).
If the court rules in your favor, you can demand compensation for your losses. These losses may include lost income, damage to your career, mental anguish, and harm to your relationships. In some cases, you could also receive punitive damages to punish the accuser for extreme misconduct.
Contact Our Dallas Sex Crimes Defense Attorneys
At My Dallas Criminal Lawyer, we know how a false sexual assault allegation can ripple out to affect all aspects of your life. We can examine the evidence and your accuser’s motive to show you’re the genuine victim. We can also help you take action in civil court to seek compensation for the harm you’ve suffered. Call 214-949-4117 now or complete our contact form for a free consultation with a sex crimes defense attorney in Dallas.
