It may seem completely unfathomable to the average person but there are people out there that have no qualms about falsifying accusations of molestation. Although official numbers have never been determined, there are estimates that accusations of a crime as serious as rape are falsified or exaggerated 10% to 40% of the time. Why would someone want to lie about being molested or sexually assaulted, though?
There are three main reasons why false molestation accusations come about:
- Monetary gain: Based on the details of the case and the emotional and physical harm allegedly inflicted, a judge may order restitution be paid by the accused and to the “victim.”
- Divorce advantage: If there is a divorce in progress, accusations of molestation or rape can easily sway the family law court’s opinion on child custody and property division, removing benefits and rights from the accused.
- Reputation destruction: Sometimes false accusations stem from nothing more than jealousy and pettiness. Even without a conviction, a person’s reputation, name, and future can be dented once they are falsely accused of molestation.
Protecting Yourself from False Molestation Accusations
You know that the molestation accusations against you are entirely fabricated, but no one else does. You still need to treat the situation as seriously as you would any other criminal defense case, starting with where you can get proof to bolster your argument of innocence. With a talented sex crimes attorney on your side, finding evidence that weighs in your favor might be simpler than you think.
Consider these five sources of evidence when preparing your defense:
- Medical records: People falsifying molestation claims often go too far in their descriptions of the alleged incidents at one point or another, eventually detailing harassment that would have left some noticeable harm or mark. Studying the “victim’s” medical records can reveal that they never sought help following sexual abuse, despite that being the logical move.
- Psychological evaluations: Do not go lightly on someone who is intent on ruining your life. Call in a psychological expert to evaluate the mental health of your accuser. With their review and testimony, it could be shown to the court that the accuser either hates you for other reasons or is a pathological liar.
- Criminal history: It is pretty uncommon for someone to suddenly break character and commit a sex crime. Typically, a criminal history stemming back to youth is present. If you can show that your criminal record is clean, or free of sex crimes, it will damage the accuser’s story.
- Conversation review: In today’s digital age, nearly everyone uses text, direct messages, and emails to converse with one another. It would be logical to assume that someone who was actually sexually molested would mention it to someone through an online source. If scouring their phone and email records show no such conversation ever occurred, it would be indicative that the event didn’t either.
- Cross-examinations: Possibly your most powerful tool in defending yourself, cross-examinations conducted by a highly-experienced criminal defense attorney can shut down any alleged witnesses that provide testimonies against you.
If you need to start working on your defense against false molestation accusations, you should contact Brad Bailey Law as soon as possible. Boston Criminal Defense Attorney Brad Bailey has more than 30 years of legal experience, a 10.0 “Superb” Avvo rating, has been AV® Preeminent™ Rated by Martindale-Hubbell®, and is known across the country for his work on high-profile sex crimes cases. Doesn’t your case deserve a defender like him? We think so.