False sexual assault accusations happen more often than you might think. They have severe consequences for the accused and can potentially ruin their lives. These types of accusations also have negative consequences for women who have been victims of sexual assault.
Impact of false accusations
False sexual assault accusations are motivated by various things, such as hostile relationships, messy breakups, child custody battles, and divorce. A common phenomenon is falsely accusing a former lover of a sex crime. Most of these allegations are fueled by feelings of revenge and jealousy. Regardless, these false accusations can damage the accused’s reputation and livelihood.
Many of the accused end up losing their jobs, professional licenses, and relationships—including close family members. The accused are shunned by their neighbors and friends, which can take a mental toll on them. They lose their financial security and their integrity, which leads to a lot of trauma. Even if they are cleared of the charge, its negative impact remains. This is why hiring the right criminal defense attorney is so important.
Penalties for filing a false report
An individual can be charged for filing a false report if they intentionally make a false statement, give misinformation to the police, or withhold information crucial to a criminal investigation.
They could also be charged with obstruction of justice, as they wasted valuable police resources, money, and time.
According to Texas Penal Code 37.08, someone who files a false report of a crime (like sexual assault) will be charged with a Class B misdemeanor. The punishment could be jail time up to 180 days, a fine as high as $2,000, or both.
If false accusations are made in court testimony, the penalty is more severe. This is because the act of perjury, i.e., lying under oath, could be considered a third-degree felony. The individual can end up in prison for two to 10 years and/or have to pay a fine as high as $10,000 under Texas Penal Code 37.01.
What to do when falsely accused
The first thing you need to know is that you can’t file a civil lawsuit for defamation or malicious prosecution until you’re cleared of all charges. But that doesn’t mean you’re in this by yourself. Don’t try to communicate with the accuser with the hope they’ll retract the accusation. If anything, your actions or words could be used against you in court.
Hire a knowledgeable criminal defense lawyer in Clear Lake to prove your innocence. As a former prosecutor herself, attorney JL Carpenter has experience working on both sides of such cases and can build a strong case for you, too.
JL Carpenter has defended numerous men who have been falsely charged with sexual assault. She is also experienced in other types of criminal defense, including DUI, DWI, domestic violence, drug offenses, and assault. She helps clients in Webster, Santa Fe, Clear Lake, Richmond, Sugar Land, Friendswood, and the surrounding areas. Call 713.561.5931 to set up an appointment.