Being falsely accused of any crime is disheartening, to say the least, but being falsely accused of a sex crime is in a whole other neighborhood of horrid. Sex crimes are considered to be amongst the worst crimes one could commit. Since they represent such an invasion of one’s person and a total disrespect for the victim’s rights, as well as their physical and mental well-being, convictions in these cases are met with very still penalties.
It happens. In situations where a sexual assault has taken place, there is a lot going on. The victim is scared and confused, and often focusing completely on how to survive the situation. It’s not uncommon for a victim to falsely identify their attacker, particularly if the circumstances of the attack were not optimal for making a positive identification. In cases where the victim was attacked outside at night, in their home and rendered unconscious or bound, or where the assailant wore any type of clothing that would obstruct a positive identity (hoods, masks, hats), there may be no way for a victim to know their attackers face.
Out of desperation for resolution, a victim may still name an attacker based on nothing more than a hunch or a gut-feeling, but these are not considered admissible in court.
If you are on the receiving end of such an accusation, it’s important that you consult a sexual assault defense lawyer immediately. Not all sexual assaults are scenarios like that mentioned above. Sometimes a victim does get a good look at their attacker, often in situations where a victim survives, despite an attackers intentions. Perhaps you look strikingly similar to the attacker, or you just have similar features, whatever the case, you need a lawyer.
While it may be the prosecutions job to prove you committed the sexual crime beyond a reasonable doubt, it’s your defense attorney’s job to prove the opposite. Providing evidence to support you case, such as a solid alibi, will make all the difference. If you were out with your friends that night at a bar, or home with your family, or working late or meeting with a client, all of these situations can be used to prove you were not at the scene of the crime when the crime took place.
Without definitive evidence such as DNA to support the accusations against you, the prosecution will have a difficult time on their end. They may be able to sway the jury a bit with some graphic speeches, but without any hard evidence to build their case on, your defense attorney should have an easy time dismantling what little they do have against you.
Although being accused of a sex crime may damage your reputation or cause difficulties for you at home and at work, if you are innocent it can be proven. With the right lawyer behind you, you can beat false allegations and get back to living your life. Be honest and forthcoming with your attorney, and your case should be a slam dunk.