Can I Sue for Being Falsely Accused of Sexual Assault?

A sexual assault conviction can change your life. However, even the accusation of committing sexual assault can turn someone’s life upside down. Accusations are sometimes enough to hurt your relationships, ruin your career, and jeopardize your financial stability. Many people caught in a web of lies and falsehoods wonder how to protect themselves and recover from the damaging allegation. Can you sue for being falsely accused of sexual assault in Ohio?

At Moermond & Mulligan, LLC, our Cincinnati criminal defense attorneys want to help you understand your legal options when facing false accusations that could damage you.

What Does it Mean to Be Falsely Accused of Sexual Assault?

Sometimes, the law enforcement system works thanks to the tips and information provided by others. Unfortunately, not all reports to law enforcement happen in good faith. A false allegation for sexual assault occurs when someone gives untrue, false, or misleading information indicating that a particular person committed sexual assault. Typically, law enforcement acts on the provided information and investigates the potential crime. If authorities find no evidence a crime, like sexual assault, occurred, that is an example of a false report.

False reports of sexual assault are not common. Statistics indicate false reports only occur in two to eight percent of sexual assault cases. While rare, it only takes one person reporting a false sexual assault allegation in bad faith to ruin another person’s reputation, personal life, mental health, and family relationships. 

Can You Sue Someone for Falsely Accusing You of Sexual Assault?

If someone has falsely accused you of this crime, you should consider your rights and options. You usually can’t file a criminal charge against a person for falsely accusing you. However, you may have grounds to file a defamation lawsuit in civil court.

In criminal cases, the state’s prosecutor files charges and focuses on proving the accused person’s guilt. In civil cases, the wronged party files the charges, and they are pursuing monetary compensation for the harm done by the false accusations of sexual assault. The harm could be damage to your reputation or emotional or financial losses.

To pursue a civil case for defamation, you’d have to collect and present evidence, just as you would in a criminal case. In a defamation lawsuit, you’d need evidence that shows that the accusations they made were false and how they harmed you. Such evidence could include witness statements, alibis, communications, surveillance footage, or character witnesses.

Additionally, you’d need documentation of any losses you suffered due to the false accusations. The detrimental effects of the accusations on your relationships, mental health, and career could be documented through medical records, court records (if your marriage ended in divorce because of the accusations), or witness testimony.

What to Do If You’re Falsely Accused of Sexual Assault

If someone falsely accuses you of sexual assault, act immediately. You can protect yourself and seek justice by:

• Hiring a lawyer: Discuss your situation with a skilled Ohio defense attorney immediately. Your lawyer can create a legal strategy and protect your rights. They can guide you about the best way to proceed.
• Gathering evidence: You and your lawyer can obtain all available evidence that shows you were not guilty of the sexual assault. This evidence could replace videos that show you in a different location at the time of the assault, witness statements, alibis, diaries, social media posts and photos, and any other available evidence.
• Documenting everything: Keep specific, detailed records. Write down everything you remember about the time of the alleged assault. Then, document every interaction you have with anyone about the accusation.
• Staying off social media: Don’t discuss anything about your case on social media or anywhere else. Someone could take your statement out of context and use it against you, so please be careful with your wording.
• Staying focused on undoing the accusations: Work with an attorney to go through any required legal channels to clear your name. Specifically, this includes defending you against any criminal charges and, potentially, taking a defamation case to civil court.
• Getting the emotional support you need: Being falsely accused of sexual assault is a horrible experience that can cause emotional distress. Get help from your friends and family, and engage a mental health professional if necessary.

Falsely Accused of Sexual Assault? You Need an Ohio Defense Attorney Now

Do not take this situation into your own hands. False sexual assault allegations are serious and can jeopardize your future. At Moermond & Mulligan, LLC, our Cincinnati sex crime defense lawyers can craft a strategic plan to prevent you from facing significant legal consequences and provide convincing results. Let us put our experience to work for you.

Call our office immediately at (513) 421-9790 or contact us online for a free consultation from our experienced attorneys.

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