Sexual assault is one of the most serious accusations that a person can face. It can sabotage one’s career, bring a rift in their personal life and lead to the loss of dignity. The courts in California consider sexual assaults such as rape a felony offense. The penalties include prison time up to eleven years along with formal probation.
Indeed the punishment is justified given the kind of pain and trauma that a victim goes through. But the law can prove to be problematic if the defendant is falsely accused of sexual assault. There have been several cases over the years where courts saw that victims had feigned sexual crimes, including rapes. However, it falls on the defendant to prove that he or she has been falsely accused.
Common Causes of False Accusations
There are many kinds of ulterior motives that may lead a victim to press false charges. Some of the most common reasons, of course, are jealousy at a workplace or a feeling of revenge among ex-partners. Sometimes the defendant is caught completely off guard as it may be someone from their close circle that has pressed these charges on them.
Pent up anger and frustration from events that are remotely connected to you may also be the motivation behind the charges.
Consult a Lawyer
If you have been falsely accused in a sexual assault case, finding yourself a qualified and experienced lawyer is the first priority. Qualified lawyers who have experience of similar cases under their belt can guide you through the best course of action. They do not just offer you legal advice but also provide mental and moral support, which is much needed in such a trying time.
Have a Frank Discussion
Once you have found yourself a dependable and experienced lawyer, it is important that you give them a full view of the situation. If you shy away from discussing your problem with the lawyer, he or she will not be able to make a strong case on your behalf. The leading lawyers understand the importance of a frank discussion. That is why they maintain a friendly and approachable disposition.
They also possess superior communication skills, meaning they can draw out the maximum information from their clients.
Legal Defenses
A sexual assault charge need not be the end of your life. There are several legal defenses that your lawyer can use to prove that you have been falsely accused. For instance, if the alleged victim has consented to the act, your lawyer can put forward the argument in court. For rape offenses, the California law clearly mentions the definition of rape. If two persons were involved without penetration, this charge could not be brought against the defendant.
There are other defenses available, too, depending on the particular circumstance of the case. Remember, just as the legal system offers remedies for victims, it also provides protection to those falsely accused. So, do not hesitate to claim your rights and get in touch with a lawyer immediately.
