False Rape Accusations in Texas
Being accused of rape in Texas is a very serious matter. Although the majority of rape claims are based in reality, some people may face false claims of rape at some point in their lives. These false claims can have serious, long-lasting complications. False accusations of rape can cause a person to experience public shame and humiliation even if they are not convicted of a crime in a court of law.
If false claims of rape are made, it’s important to hire a lawyer as soon as possible. A strong legal defense will be necessary to prove a defendant’s innocence in court.
What To Do About False Rape Accusations
There are many reasons that false rape accusations may occur. For example, a spouse may accuse their partner of rape in order to gain an advantage in a legal custody case. In other cases, a person may accuse someone of rape in order to get revenge for a past incident.
No matter what the case, false accusations of rape are always serious. There are a few steps to take in order to defend against false rape charges:
- Hire a lawyer as soon as possible
- Make no contact with the accuser or their family
- Speak to no one except an attorney about the case
- Do not mention the case on social media websites
- Document Your Case
After false accusations of rape have been made, it’s essential to keep track of any records of the event. Any text messages that were exchanged between the defendant and the accuser should be recorded so that they can be reviewed by a defense attorney. The same technique should be applied to any phone calls, emails or social media interactions between the defendant and the accuser.
The most critical part of a rape trial is based on the issue of consent. If an attorney can introduce evidence which shows that the accuser gave consent to sexual activity, the rape charges may not stand up in court. This is why it’s so important to record any conversations that may have happened between the defendant and the accuser. This is especially important if the defendant and the accuser were in an exclusive relationship at the time of the alleged incident.
Collect Important Evidence
After false accusations of rape have been made, the defendant will be subjected to intense scrutiny. This is why it’s important to keep track of any important evidence. If the defendant was elsewhere at the time of the alleged rape, it’s important to find evidence supporting this fact. For example, ATM receipts, security camera footage or eyewitness accounts may all help to establish the fact that the defendant was nowhere near the accuser at the time of the alleged incident. This kind of evidence can be crucial to proving a defendant’s innocence.
Legal Defenses
It’s important to be proactive after being charged with false rape accusations. After hiring a lawyer, there may be several steps that a defendant needs to take to clear his or her name.
For example, a defendant may have to submit to a DNA test. The results of the DNA test may be used to show that the defendant did not have sex with the accuser. Even if the defendant did actually have sex with the accuser, DNA evidence may not be enough to issue a conviction.
For example, the defense attorney could argue that the accuser willingly gave consent to have sex with the defendant. Because the legal definition of rape defines the act as sexual activity without consent, introducing evidence which shows that consent was given could lead to dropped charges.
If false rape accusations are made, it’s important to hire a defense attorney as soon as possible.
Attorney Matt Sharp Can Help
If you have been accused of rape, please contact us. We will fight hard to protect your rights and your future. Call (713) 868-6100 or email for your free and confidential consultation.
