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The Rights of Those Falsely Accused of Sexual Assault

Statistics suggest that between 2 and 6% of sexual assault allegations are false. This is potentially an encouraging fact, unless you are the one that is wrongly accused.

It is estimated that a sexual assault occurs in the US every 98 seconds. This makes a rough figure of 321,500 sexual assaults every year.

If just 2% of these are falsely accused then that’s 6,430 people a year. That’s a big problem if you’re one of the people being falsely accused. Even one wrong conviction should be seen as a serious issue.

Step 1 – Lawyer Up

Many people think that getting a lawyer suggests that you are guilty. This is not true. It simply shows that you are taking the charges seriously;

It doesn’t matter if you get the best Los Angeles DUI Lawyer or a dedicated sexual assault lawyer; you need someone who know s the law and can advise you when to speak and when to stay quiet.

The sad fact is that if you talk without a lawyer hoping to get the truth out there, your words will be used to convict you; even if it is falsely!

Step 2 – Evidence

One of the biggest issues in the modern age appears to be that the victims are believed instantly. Although in many cases this is the correct response it is the responsibility of the police to investigate everything.

But don’t rely on them. You have the right to supply your lawyer with anything and everything you have to show that the sex was consensual or never even happened.

They will also demand all the evidence from the police against you so that you can discuss it together.

Step 3 – Protect Yourself

It’s a sad fact but your name will instantly appear in the papers; even if you have just been questioned regarding a crime. This can lead to aggressive behavior from neighbors and other people who suddenly feel that you’re a threat to them, their partners and maybe their children.

You’ll feel vulnerable and alone but you still retain all the rights of any citizen of the country. You have the right to call the police if you are threatened and the right to continue your life as normal.

Unless your employment contract states that you can be dismissed for being arrested then you have the right to continue working. It would be unusual for a contract to dismiss you without you being convicted.

Any incidents that occur should be recorded and discussed with your lawyer.

Step 4 – Trial

You are supposed to be innocent until proven guilty. This may seem difficult with the publicity and negative feedback from those round you.

Having a good lawyer will ensure that you have a fair trial and the opportunity to show that you have not committed sexual assault.

Step 5 – Appeal

If the trial does go against you then it is important to remember that you have the right to appeal; although this can be a long winded process.

When the verdict is overturned it is important to make sure the press knows. You can’t get your life back but you need people to know you were innocent.


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