A false charge of sexual harassment is one of the worst experiences you can have. This charge has severe moral, social, personal, and professional impact and can change someone’s life forever. It can leave you isolated and desperate to clear your name. The crime of sexual assault is taken very seriously. Given the nature and the damage of the process, many people face false allegations of sexual assault. Although the number is low, it is not zero. If you face a situation like this, don’t lose hope. This article will provide you with a guideline regarding how to defend when falsely accused of sexual assault.
Here, you will learn clear steps to respond to this situation, where to ask for help, how to build a strong defense, and many more.
What is Sexual Assault?
Canada has a detailed definition of sexual assault in the Criminal Code. Sexual assault includes all sexual activities such as sexual grabbing, kissing, or fonding while there is no consent. Sexual assault also covers rape.
Sexual activity is only legal when both parties agree to this and give their consent. The factor “Concent” is crucial and is defined in Canada’s Criminal Code in section 273.1 (1). It is a voluntary agreement of both parties in the sexual activity in question. Both sides must affirmatively communicate their consent, whether through words or actions.
Main Types of Falsely Accused of Sexual Assault Cases
Criminal justice and sexual violence authorities, in general, categorize false allegation cases into 2 types.
- False allegation due to false memory of rape.
- False allegation coming from a person making intentionally inaccurate allegations.
False Memories of Rape and Sexual Assault
There are cases when a person actually believes that they were a victim of sexual assault based on a term psychologists call “False Memories.”
According to modern psychology, sometimes the brain creates false memories. This memory can feel so real that it can convince someone that the incident really happened. There are many such cases seen in false sexual assault cases.
Most commonly, these kinds of allegations come from young children who adults may manipulate. Since the minds of children are not fully developed, it is easy to manipulate them into believing that they were sexually assaulted.
Intentionally False Reporting of a Rape and Sexual Assault Allegations
Most of the fake sexual assault allegations are intentionally fabricated by the acting victim. In these cases, the victim intentionally lies about being a victim of rape or sexual assault. They even can go so far as to file a police report with their lies. This false report can lead to criminal prosecution of an innocent person in a sexual assault or rape case.
It may seem unreal, but there are some common motives found in intentional false sexual assault allegations.
- Take Revenge
- Financial Gain
- Form an Alibi
- Show Regret
- Get Public Sympathy
- Attract Public Attention
- To Show Anger
- Deny a Consensual Sexual Incidence
- Unstable Mental Health
Defending the Charge of Falsely Accused of Sexual Assault
Finding yourself in such a serious prosecution can be devastating even after you are not guilty. Others will start talking about your character before hearing the full story. You have to respond as soon as possible if you face this situation.
First, you must find an experienced lawyer who is an expert in this field. Follow the following steps in this situation.
The Presumption of Innocence
You may be concerned about being falsely charged if you are accused of serious but unfounded charges of sexual abuse. In this case, understanding the idea of innocent until proven guilty is key. Before you are found guilty, the Crown must disprove that presumption and satisfy its burden of proof.
In criminal prosecution, the burden of proof is proof beyond any reasonable doubt. This burden lies on the crown. It is not your responsibility to prove yourself innocent of the accusation.
Retain a Lawyer Immediately
You have the right to legal counsel whether or not the accusations have resulted in charges. If the police request an interview, consult an experienced lawyer before giving your statement. According to the law, you don’t have to allow police in your home or respond to any allegations. Actually, without consulting a defense lawyer, you should not provide any statement or respond to any allegation of sex crimes.
According to Canada’s Charter of Rights and Freedom, section 10(b), you have the right to Counsel on detention or arrest. If you are arrested and questioned by the police, you have the right to remain silent till you consult a lawyer.
Exercise Your Right to Silence
The best decision in this scenario is to remain silent. Remember, your statement to your family, friends, media, or others can be used against you. Understandably, you will be desperate to clear your name if falsely accused. The opposition can use your words as victim blaming and turn the situation against you. So, staying silent and not making public statements during the process is best.
Preserve Relevant Evidence
While you wait to talk to your lawyer, preserve as much evidence as possible that will support to prove your innocence. If there is any video evidence, even from a bar or a condo, you must preserve it. Your lawyer has to know about any video footage that has captured the occurrence of the allegation. Provide your lawyer with evidence like photos, screenshots, videos, audio, or anything you have that can prove your innocence.
Final Thoughts
A false allegation of sexual assault is indeed a serious issue. Since the amount of false allegations is very low, people consider you guilty before the court passes judgment.
Therefore, if you are in such a situation, stay strong. Your silence and cooperation with your lawyer will be the key to proving your innocence. Refrain from getting desperate to reply to any question to clear your name publicly. Try to give your lawyer as much evidence as possible; hopefully, you will come out of this unharmed.
FAQs
Should I defend myself to the police if charged with a false sexual assault allegation?
No. Anything you say or do can be used against you to change the direction of the case. Remain silent until you consult an experienced lawyer.
Is it a crime to falsely accuse someone of rape?
False accusations are taken very seriously in Canada. If you are accused of making false accusations of rape, you will face criminal charges and a civil lawsuit.
Why would someone accuse me of false sexual abuse?
Well, there can be many reasons. Most of the time, it is done as a form of revenge. There are also cases where financial gain, public sympathy, and attention-seeking were the motive. And once in a while, there are no reasons, and the acting victim is mentally unstable.