What should I do if I have been falsely accused of a sex crime?
By Nathaniel Pitoniak on March 26th, 2021 in
Being falsely accused of a sex crime in Texas is a devastating experience that can impact every aspect of your life. A conviction could lead to jail or prison, heavy fines, probation, and mandatory sex offender registration. Even when the accusations are false, defending yourself can feel overwhelming.
If this has happened to you, understanding your situation and seeking the right help from a sex crime criminal defense lawyer could be the best way to protect your freedom and your future.
Types of Sex Crimes You Could Be Falsely Accused Of
False accusations of sex crimes come in many forms, and understanding the specifics of these allegations under Texas law can make a significant difference in how you approach your defense. If you’re facing the following or any other sex crime allegation, seek experienced legal representation as soon as possible.
Sexual Assault
Sexual assault, as defined by Section 22.011 of the Texas Penal Code, involves intentionally causing a sexual act without the other person’s consent. Consent can be compromised through coercion, intoxication, manipulation, or force. Allegations of sexual assault can result in second-degree felony charges, punishable by between 2 and 20 years in prison, steep fines, and mandatory sex offender registration.
A single accusation can quickly become overwhelming, with harsh penalties even before conviction. Building a strategic defense tailored to the specifics of your case, particularly in identifying consent issues or flaws in witness testimony, is essential.
Indecent Exposure
Under Texas Penal Code Section 21.08, indecent exposure occurs when a person purposefully exposes their genitals in a manner meant to arouse or gratify sexual desire, and does so in view of another person who might be offended. This is a Class B misdemeanor, carrying potential consequences such as up to 180 days in jail, fines of up to $2,000, and serious reputational damage.
Even a misdemeanor charge can create long-lasting difficulties, including employment barriers and community judgment. Proving intent or challenging witness credibility is key to defending against these accusations.
Online Solicitation of a Minor
Online solicitation of a minor, outlined in Texas Penal Code Section 33.021, includes sending sexual messages, attempting to meet with a minor for explicit purposes, or engaging in sexual conversations online. A minor under this statute is anyone younger than 17. This felony offense can lead to 2 to 20 years in prison for a standard charge, but penalties increase if the accused is over 18 or the alleged contact progressed to physical interactions.
These cases often rest on digital evidence, making the accuracy of communication records and proof of intent critical tools for your defense. A skilled attorney can dismantle incomplete or misleading claims brought by the prosecution.
Sexual Misconduct
Though more general in scope, accusations of sexual misconduct can involve behavior interpreted as inappropriate, especially in professional or academic settings. This could span from unwelcome advances to allegations of sexual harassment. While not all claims lead to criminal charges, the reputational and career damage alone can be devastating. Some cases may intersect with Title VII requirements or lead to civil lawsuits.
These complex allegations often hinge on subjective interpretations rather than concrete evidence. Having a defense attorney well-versed in workplace and criminal law can mean the difference between protecting your professional standing and career loss.
Child Sexual Abuse
Allegations involving children, such as accusations of molestation, are among the most severe and emotionally charged cases. Under Texas Penal Code Sections 21.02 and 21.11, crimes against children may include indecency with a child, sexual assault of a child, or possession of child pornography. These accusations not only carry significant prison terms—sometimes life—but also lifelong sex offender registration and unshakable societal stigmas.
These cases demand a meticulous review of the evidence, including questioning the credibility of witnesses and scrutinizing the motivations for false allegations. Defending against such claims requires legal representation that understands the unique challenges of these allegations.
Why Would a Person Make False Accusations of a Sex Crime?
It is difficult to understand why anyone would make allegations of a sex crime that were not true, but it can and does happen. In some cases, when the perpetrator is not known to the accuser, there could simply be a case of mistaken identity. Sex crimes often happen in dimly lit areas, and the accuser could genuinely believe you are the perpetrator. Other times, the accuser could have been under the influence of drugs or alcohol, and, again, made a false identification.
In the case of “date rape,”—a serious crime—the accuser may have initially consented to sex, then in the cold light of day, regretted that decision, so they made false accusations. False accusations of sex crimes are sometimes a way of getting what the accuser wants from a spouse or significant other. Perhaps a child custody case is not going in the accuser’s favor, or the accuser wants a larger share of marital property. Allegations of sexual assault, rape, sexual assault of a child, and others could give the accuser leverage to get what he or she wants.
How Can a Defense Lawyer Help Me Fight Sex Crime Allegations?
Hiring a skilled defense attorney quickly is one of the most important steps you can take. Here’s how an experienced lawyer can help:
- Analyze the Evidence: A lawyer will closely examine evidence like witness testimony, surveillance footage, and physical evidence. They’ll look for inconsistencies and any signs of misconduct during the investigation.
- Establish Reasonable Doubt: An attorney will highlight weaknesses in the prosecution’s case, emphasizing uncertainties to protect you against wrongful conviction.
- Investigate False Motives: A defense lawyer can probe possible motivations behind false accusations, such as disputes involving family members, coworkers, or former partners.
- Prepare a Strong Defense Strategy: Acting on procedural errors by law enforcement (e.g., unlawful searches, improper Miranda warnings) can be critical for reducing or dismissing charges.
- Guide You Through the Legal Process: From navigating complex rules in criminal court to presenting evidence convincingly at trial, a lawyer ensures you’re represented effectively at every stage.
Failing to have a defense attorney not only weakens your ability to address the charges but also increases the chance of a conviction, resulting in prison time and lifelong consequences. Speak to an experienced criminal defense attorney like Nathaniel Pitoniak to build your defense immediately.
The Do’s and Dont’s When Facing False Sexual Assault Allegations
If facing false accusations of a sex crime, there is a lot you should and should not consider doing to help a lawyer build an effective defense strategy:
- Do contact an experienced criminal defense attorney as soon as possible. A lawyer can begin building your defense and guide you through the legal process from day one.
- Don’t speak to the police without your attorney present. Anything you say can and will be used against you, even if you’re simply trying to explain your side of the story.
- Do keep a detailed written record of events leading up to the alleged incident. This includes dates, times, locations, and anything else relevant to your case.
- Don’t attempt to contact the alleged victim. While it might feel natural to want answers, contacting them can be misinterpreted and potentially complicate your case.
- Do gather witness information. If others were present or can provide testimony that supports your claims, make a note of their names and contact details.
- Don’t share details of your case with others. Avoid discussing alleged sexual assault cases with friends, family, or online. Social media posts, in particular, can be misconstrued and used as evidence against you.
- Do remain calm and composed during interactions with law enforcement or others involved in the case. Staying level-headed ensures you don’t say or do anything that could harm your defense.
- Don’t neglect to protect your reputation. Be mindful of your actions and appearance during this time to prevent further damage to your image.
Being falsely accused of committing sexual assault is overwhelming, but you don’t have to face it alone. Reach out to attorney Nathaniel Pitoniak today to secure the defense you need to protect your rights and your future.
Sex Crime Allegations: Myths and Facts
Myth: False accusation cases are rare and don’t require much attention.
It’s a common belief that false accusations of sex crimes are nearly non-existent, but the reality is more nuanced and troubling:
- Studies indicate that while false reports of sexual assault range from 2% to 10% in many analyses, some researchers have suggested higher rates in specific contexts.
- False accusations can range from deliberate deceit to misunderstandings, with motives including personal disputes, custody battles, or even seeking attention.
Being falsely accused of a sex crime is a serious issue that demands thorough investigation and skilled legal representation to uncover the truth behind the claims.
Myth: Only strangers commit sexual crimes.
Many still assume that sex crimes are usually committed by strangers, but the majority involve individuals who know each other. Relationships between the accused and the accuser play a significant role in the complexity of these cases:
- Statistics reveal that a large portion of reported sexual assaults involve acquaintances, romantic partners, or even family members.
- This personal connection often influences how the accusations are reported and prosecuted, requiring a nuanced and personalized defense approach.
Knowing the relationship dynamics and how they factor into the allegations can be pivotal in crafting a strong defense.
Myth: Remaining silent when accused makes you look guilty.
Silence is often misunderstood as an admission of wrongdoing, but protecting your legal rights starts with saying less—especially in the early stages. Here’s why staying silent is often the best course of action:
- Anything you say can be taken out of context and used by law enforcement or the prosecution to strengthen their case against you.
- Consultations with your attorney will ensure you don’t inadvertently harm your defense before the facts are fully examined.
- Texas law gives you the right to remain silent under the Fifth Amendment, empowering you to protect yourself from self-incrimination.
Remaining silent doesn’t mean you aren’t prepared to fight the charges. Instead, it’s a calculated move to ensure your story is presented the right way.
Myth: If you’re innocent, you don’t need a lawyer.
Many falsely accused individuals believe that their innocence will shine through without needing legal assistance. Unfortunately, justice isn’t always straightforward because:
- The legal process is complex, and without the guidance of an experienced criminal defense attorney, you might miss key opportunities to challenge the evidence against you.
- Proving false allegations requires strategic steps like gathering exculpatory evidence, questioning witnesses, and identifying ulterior motives.
- Failing to act swiftly can result in poor outcomes, including unnecessary convictions or harsher penalties.
Even the falsely accused need a knowledgeable advocate to ensure their rights are upheld and the case is thoroughly examined. The truth doesn’t always speak for itself without the right support.
Fight Against False Sex Crime Allegations With Help From The Law Office of Nathaniel Pitoniak
False accusations of sex crimes don’t just jeopardize your freedom—they can shatter your reputation and relationships. At the Law Office of Nathaniel Pitoniak, we understand the pressure you’re under and are committed to fighting for justice when falsely accused of sexual assault.
Every accusation requires careful scrutiny, investigation, and legal insight to protect your future. Get the experienced legal support you need by calling (832) 315-6283 or completing our our online form.
