Messina Madson & Kendall Castello, MC Criminal Law
What Should You Do If Falsely Accused of a Sex Crime?
A false accusation can be life-changing, especially when the allegations involve rape. But all too often, we see people make the huge mistake of not taking these allegations seriously from the beginning. Here’s what you can do to help mitigate an unthinkable outcome:
Immediately hire legal representation, and do not speak to ANYONE about the allegation without your attorney present. A police detective may call you to discuss the situation on the phone or in person. Be warned: this is not an informal discussion. More than likely, your conversation is being recorded, either by video or audio. If police contact you without warning, you have every right to tell an officer that you will discuss the matter AFTER you speak with your attorney. Please do so respectfully.
Also keep in mind: All contact with the person accusing you should end IMMEDIATELY. Avoid every impulse you have to confront this person, ask questions, or explain your side of the story. Any phone call is probably being recorded, and your explanations can be taken out of context and used against you.
Save past communications with the person accusing you, including texts, voice messages, and social media communications. These can shed light on the tone of your interactions before, during, and after an alleged incident. While these communications may be embarrassing because of their intimate nature, sharing them with your attorney may be critical to your defense. Anything shared with your attorney is subject to attorney-client privilege, and you can discuss together what you may be willing to how to utilize the information.
Journal about every interaction with the person accusing you after the alleged sex crime occurred. It can be extremely difficult to process the details surrounding an accusation that’s so shocking. Taking the time to think through important facts and inconsistencies in the claims will help your case, going forward.
Make a list of any relevant witnesses. Those who have interacted socially with you and the person accusing you will be able to discuss your behavior, as well as that of your accuser.
Take screen shots of social media posts or photos that could be relevant or important to your case. The person accusing you may block you from seeing their account or even erase posts in order to create a false impression of who they really are. Truth is important in these cases, and collecting data before it’s blocked or erased can be helpful when you act early.
An attorney can help your case in all kinds of ways. We can compare allegations with corresponding text messages or social media posts. We can help you obtain polygraphs about the accusations. We can investigate false allegations made previously by the complainant. At Madson Castello, we have successfully challenged sex crime allegations with the police and prevented further action. We also have fought such cases before the grand jury, helping our clients avoid any formal charge. An allegation of sexual misconduct can affect all areas of your life. No need for legal advocacy is greater than a sex crime allegation.
If you have been accused of a sex crime in Texas, contact an attorney today. Madson Castello has years of experience in sex crime cases. Call to set up an appointment.