when should i get a lawyer if i was accused of sexual abuse

You’ll Need to Hire a Defense Lawyer as Soon as Possible If you or someone in your company has been accused or charged with sexual harassment, you need to hire a lawyer as soon as possible. You should not try to handle this type of situation yourself and be sure you get an attorney as soon as you aware of the accusations.

Full Answer

What to do if you are accused of sexual abuse?

Sexual abuse and assault are very serious crimes. If you have been accused of rape, child molestation, or some other type of sexual abuse you should immediately consult with a skilled and knowledgeable criminal defense attorney. An attorney can discuss your legal options and your legal rights, as well as represent you in court.

When should you hire a criminal defense attorney?

Find a criminal defense attorney as soon as you suspect you may be investigated. Most people in this scenario believe that since they didn’t do anything wrong, the court will find them innocent, or they may not even need to go to trial over it.

What are the laws for sexual abuse of a minor?

State laws regarding criminal sexual abuse vary depending on whether the victim is an adult or minor. A person commits sexual abuse of a minor when the minor is between the ages of 12 and 16 years old and the accused is at least 4 years older than that minor.

What to do if someone makes an accusation against you?

There are normally tests that relate specifically to the accusation in question, if the accusation comes in time. Be proactive. Show that you aren’t who the person says you are. Compile a list of possible witnesses to the alleged events or other interactions you may have had with the accuser.

Why is it hard to prosecute sexual assault cases?

Often the only evidence that a crime of sexual violence has even occurred, is the word of the victim. When the alleged perpetrator denies any wrongdoing, it can be extremely difficult to prove beyond reasonable doubt that the accuser is telling the truth and that the defendant is lying.

How often are sexual assault cases prosecuted?

It can be tough to hear, but this is not meant to diminish your experience. Out of every 1000 instances of rape, only 13 cases get referred to a prosecutor, and only 7 cases will lead to a felony conviction.

What is allegations of sexual assault?

Sexual assault takes many forms including attacks such as rape or attempted rape, as well as any unwanted sexual contact or threats. Usually a sexual assault occurs when someone touches any part of another person's body in a sexual way, even through clothes, without that person's consent.

What are the steps of investigating sexual assault?

In sexual assault investigations, evidence and information about the crime is gathered primarily from three sources: the victim; the suspect; and the crime scene (including other witnesses). Officers should thoroughly investigate all three sources, and any other available source of evidence or information.

What are the hardest cases to prosecute?

With the recent headlines of sexual assault allegations, many are asking why these cases are so difficult to prosecute. Compared to other criminal cases, date rape charges are among the hardest to prosecute, and not for lack of caring by the legal industry.

What is the most underreported crime?

According to the American Medical Association (1995), sexual violence, and rape in particular, is considered the most under-reported violent crime. Common reasons for individuals not reporting crime include fear of not being believed, insecurity, and fear of getting into trouble.

What do you do when you are falsely accused of something?

Steps to Take If You Are Falsely Accused of a CrimeRealize the seriousness of the accusations. ... Understand the cost of a defense. ... Intervene before charges. ... Take no action. ... Gather any physical evidence and documents. ... Obtain witness contact information. ... Investigation. ... Plea bargain.

How do you move on after being falsely accused?

How to Defend Yourself Against False AccusationsStay Calm. ... Hire an Attorney to Help You Fight Back. ... Gather Evidence. ... Challenge the Accuser's Credibility. ... Find Your Own Witnesses and Present Evidence of Your Side of the Story. ... Develop a Strategy in Criminal Defense Cases.More items...

What do you do when someone accuses you of something you didn't do?

If you are accused of something you didn't do, remain silent, consult a lawyer, collect evidence, avoid contacting your abuser, and obey the court.

What type of evidence is needed in a sexual assault case?

The evidence most often encountered in sexual assault cases includes not only biological evidence (e.g., semen) but also fingerprints, impression evidence (e.g., shoeprints), and trace evidence (e.g., hairs/fibers). Collect as much sample as possible from a single source.

How long can you be under investigation?

Statute of Limitations in Federal Crime Cases For most federal crimes, the statute of limitations is five years. Bank fraud has a statute of limitations of ten years. Immigration violations and arson are also subject to a ten year limit.

How long does a criminal investigation take?

In a routine or less serious case you should expect to hear form the police within 2 to 3 months but in more complicated cases where the police need to obtain statements, forensic evidence, CCTV or expert reports to prosecute you then this could take several months. It really depends on the scale of the alleged crime.

What to do if you are accused of rape?

If you have been accused of rape, child molestation, or some other type of sexual abuse you should immediately consult with a skilled and knowledgeable criminal defense attorney. An attorney can discuss your legal options and your legal rights, as well as represent you in court.

What is sexual abuse?

Sexual abuse is generally defined as any sexual act with the intent to abuse, humiliate, harass, or degrade another person. State laws concerning criminal sexual abuse vary according to whether the victim of the abuse is an adult or a minor. Child sexual abuse is most commonly referred to as child molestation, while adult sexual abuse is often ...

What is aggravated sexual abuse?

Aggravated sexual abuse occurs when a person uses force against the victim, or threatens the victim causing them to fear death, serious bodily injury, or kidnapping. This type of abuse may also occur when a person knowingly renders the victim unconscious then proceeds to engage in sexual acts.

What is the maximum age for child molestation?

If the sexual contact occurred with a child under the age of twelve , the maximum allowable punishment is doubled in most states. A person may be guilty of child molestation if they commit any “lewd or lascivious” act upon or with the body of a child, with the intent to arouse, appeal, or gratify lust, passion, or sexual desires.

What is the difference between adult sexual abuse and child sexual abuse?

Child sexual abuse is most commonly referred to as child molestation, while adult sexual abuse is often referred to as rape or aggravated sexual assault. A person has committed sexual abuse when: They cause another person to engage in any sexual act by threatening or causing fear in that other person; or.

What are the consequences of child molestation?

A person may be guilty of child molestation if they commit any “lewd or lascivious” act upon or with the body of a child, with the intent to arouse, appeal, or gratify lust, passion, or sexual desires. Those convicted of child sexual abuse may be subject to the following consequences: 1 Imprisonment; 2 Being placed on a sexual offender registration; 3 Loss of right to vote; and/or 4 Mandatory AIDS testing.

Is sexual assault a crime?

Sexual assault is a crime in every state, and forbids sexual activity with any person unable to consent. People who are mentally ill, under the age of eighteen, or intoxicated are all considered to be unable to consent to sexual activities.

What to do if you are falsely accused of sexual assault?

If you have been falsely accused of sexual assault, you must speak to a sexual assault solicitors straight away. Do not answer any police questions until you have a lawyer present. Speak with an experienced rape solicitors.

How does sexual assault affect your life?

The effects are far-reaching and may impact your family life, your career, and your physical and mental health. Even if you are found not guilty, the trauma of being falsely accused can be significant.

What is a sexual offence solicitor?

A sexual offence solicitor has an understanding of the law and can apply this expertise to undermine the allegations against you. This can be difficult to achieve on your own. Partly because you have probably never been in the situation before, and partly because this is a highly charged experience.

What is the charge of wasting police time?

The charge of wasting police time is more likely to be laid if: Public/police resources were diverted for the purposes of the investigation for a sufficient period. A substantial cost is incurred, such as expensive scientific examination. Considerable distress is caused to you (the accused) by the reporting.

Can you be a witness in a sexual assault case?

Due to the nature of sexual assault cases, it is unusual for there to be any witnesses. However, if there is someone who can testify in favour of your defence, you must let your solicitor know. Your solicitor will approach this witness (or witnesses) for a statement. Do not interact with any witnesses yourself.

Should you keep text messages from a sexual assault victim?

If you have text messages or emails from the complainant, be sure to keep them. They could help to prove the issue of consent, which is often a central argument in sexual assault cases. On the flip side, do not destroy any evidence either.

Do police want a chat?

The police may say they simply want a ‘chat’, but make no mistake – this amounts to a police interview and anything you say can be used as evidence against you. Therefore, you need to contact a solicitor at the earliest available opportunity. This means as soon as you are aware that you are under investigation.

Why do lawyers take the accusations lightly?

This is because they often take the accusations lightly. Their innocence tends to blind them from seeing the imminent danger. With such an attitude, they often prison without knowing it. Eventually, the lawyers will have a hard time proving your innocence.

What to say when arrested in court?

During your arrest, the police will read your rights as they handcuff you. The only phrase to pay attention to is ‘You have the right to remain silent.’ As lawyers, we always advise our clients to make use of that rightfully. Keep your mouth completely shut. This is because anything you say can and will be used against you in the court of law.

How do plea deals reduce sentences?

Most plea deals tend to reduce your sentence. No matter how good the plea deal is, try and avoid it as much as possible. Any great lawyer will tell you to keep off the plea deal and take your chances. You might end up taking a plea deal, and yet you would have won the case.

What to say when accusing someone of a crime?

Many clients usually say ‘If I just have a few words with the accuser, I may save myself.’ We have never seen that turn out well. Once you are accused, such thoughts should be discarded from your mind immediately. Having any contact with your accuser can make matters worse than they are. By doing that, you will be helping the complainant to build a strong case.

What does a good attorney look for in a case?

A good attorney will look at every angle and collect all the evidence without living any behind. These include text messages, call logs, and anything to prove you are being accused falsely. This is the only way you will be able to prove that you are not the perpetrator.

Do lawyers know which stones to turn?

They tend to know which stones to turn and which ones not to. They will also know if you are too incriminated for them to take a deal. Any move your lawyer takes will be critical to the case. Those are just some of the benefits of a good lawyer when being falsely accused. There are quite many more.

Is false accusation a crime?

Being that false accusation is a crime, you can scare off the accuser. We must make complainant know they will be charged if the accusations are false. We then go ahead and line up the charges they are risking to face. If at all they have no chance of winning the case, they will withdraw their charges.

What to do if you are falsely accused of molestation?

If you are falsely accused of molestation or other inappropriate sexual behavior with a child, you should also: gather and preserve any physical evidence in your possession that might relate to the alleged victim and your relationship with the victim (clothing, photos, videos, and objects) gather and preserve any documents or records ...

What to do if you are accused of inappropriate contact with a child?

The moment that you learn of accusations that you have had inappropriate contact with a child – even if you hear only rumors – you should contact an attorney for information and advice on what to do. Remember, communication between an attorney and a client is protected by attorney-client privilege, which means that any private conversations with an attorney are confidential and cannot be shared with anyone else or used against you in a criminal proceeding. Besides advising you, an attorney can immediately begin communicating on your behalf with anyone trying to question or contact you about the accusation.

What is false accusation?

False accusations can be intentionally false accusations by an adult or a child or allegations based in error – for instance, because a child misunderstands something an adult does or because an adult misunderstands a child's description of an event. False accusations also can arise because another person misinterprets an adult's relationship ...

What is the charge against a child for inappropriate sexual behavior?

Accusations of inappropriate sexual behavior with a child – whether by a child, a parent or other family member, or a third party – are a very serious matter. Such accusations often lead to criminal investigations and referral to a child welfare or protection agency, and can result in criminal charges against the person being accused, ...

What does a criminal defense attorney do?

An attorney can: advise you of all your legal rights as a criminal defendant.

What is the importance of investigating child sex crime charges?

In investigating child sex crime charges and preparing a defense, it is important to explore certain issues, including: whether the child is lying, has been aggressively coached on what to say , or misunderstands what happened. whether the child intentionally or mistakenly identified the wrong person as the offender.

How to convince someone they are wrong?

initiate conversation with the victim or the victim's family, especially to convince them they are wrong. give any evidence to law enforcement or a child welfare or protection agency without consulting with a lawyer first – even if you believe the evidence will show you are being wrongly accused.

Get informed about your rights, responsibilities, and options

If you are facing what you believe is a false sexual harassment allegation at work, you are likely feeling the weight of stress and concern about how it will end. Getting informed about your rights, responsibilities and options is essential whenever you face a workplace allegation.

Who can be liable for sexual harassment?

Under the Sex Discrimination Act 1984 (Cth), sexual harassment in the workplace is unlawful. Sexual harassment may be committed by the owner of a business, managers, fellow employees, contractors or people seeking to hold one of those positions.

Examples: Sexual harassment in a workplace context

Seeing examples of what may be sexual harassment assist to illustrate the types of behaviours intended to fall within the meaning of ‘sexual harassment’. Examples of sexual harassment are given in the Anti-Discrimination Act 1991 (Qld), which includes:

Steps to providing effective responses

Whenever you are faced with a legal question, the quickest way to find an answer to it is to ask somebody who already knows. Following a sexual harassment complaint, particularly one that is unfairly made, there is no single answer as to how to best respond if you are the subject of it.

Challenging the fairness of an investigation

It is not uncommon for people to have misgivings about the fairness of a workplace investigation they may be subject to, yet still ‘hope for the best’ in the belief that it may be held against them if they challenge issues during the investigation. While this is an understandable thought, it can backfire.

Confidential negotiations and settlements

Confidential negotiations regularly occur between parties during a dispute. Generally speaking, attempting to settle a disputed issue through negotiation, which can avoid litigation and claims being filed, may be in the interests of all concerned parties.

Disclosure of the investigation report

Respondents are not always given a copy of the investigation report, nor are they always provided with an opportunity to comment on contradictory evidence or potential adverse findings. In some cases, this can lead to disputes, sometimes for good reason.

What to do if sex is involved in a sex crime?

If sex is involved, you’ll want testing that will help disprove allegations against you, if possible. There are normally tests that relate specifically to the accusation in question, if the accusation comes in time. Be proactive. Show that you aren’t who the person says you are. Witness List.

What happens if you are falsely accused of sexual assault?

But, when you’re falsely accused of sexual assault, you’re facing a high probability of criminal charges. And, if you’ve already been charged, you’re facing an even higher probability of conviction, ...

What is misidentification in criminal law?

Misidentification by an alleged victim. Malicious intent by the alleged victim. Even the best sexual assault criminal defense attorneys won’t claim to have seen every scenario surrounds false sexual assault allegations.

Is false sexual assault a serious crime?

False Sexual Assault Allegations are Serious. Even if you didn’t do anything wrong, much less illegal, you have to start realizing the amount of trouble you could be in. Severe consequences for underestimating the legal ramifications exist. This is especially true when you’ve been falsely accused of sexual assault.

What happens if you are falsely accused of child abuse?

When you are falsely accused of child abuse, rape, or domestic violence you are facing a high probability of criminal charges, and if you are facing criminal charges in one of these areas you are facing a very high probability of conviction unless you take strong steps to prevent the issues from getting out of hand.

Is a lawyer good at drug cases?

Attorneys good at drug cases or speeding tickets, or good at representing women in custody cases, but who you may learn the hard way will send you down the toilet because they aren’t good on the kind of case YOU have. You should begin by checking out the lawyer you are considering hiring.

Can you defend yourself from ignorance?

You can’t help defend yourself from a place of ignorance. You’ll need to educate yourself on the subject area of the allegations you are facing. When your team tells you that you need to do “A” it is important that you understand why you need to do that.