Has your ex made false allegations against you?

It’s common for tensions to run high during a divorce. Many couples argue and behave in underhanded ways to deal with the difficulty they’re having with the end of their relationship. It’s stressful and unfortunate, but eventually, things calm down and ex-spouses move on.

But unfortunately, in some cases, hard feelings lead to false criminal accusations. A former spouse bitter about their situation might lash out and accuse their significant other of any number of crimes, including domestic abuse or neglect or financial crimes. Their goal might also be to discredit their partner to curry favor from the divorce court.

Regardless of why your former spouse is lashing out against you, it’s important to seek legal support. What should you do if your ex falsely accuses you of doing something illegal?

Defend Yourself

It’s tempting to not take your ex seriously when they say something untrue about you. Chances are you’ve heard a few things from them as your relationship was breaking down that revealed their thoughts and feelings.

But if they’re taking their accusations to the court, your situation has risen to a different level of concern. The best thing you can do is deal with the accusations directly, regardless of whether they are true or not. Even if there is some truth to the accusation, you need to clearly explain the situation and make sure the court knows your version of the event in question.

This doesn’t mean to get into an argument with your ex. Do not exacerbate the situation or “take the bait” they might be offering. You can ignore their words as they say them, but you can’t ignore the overall situation, especially if they’ve involved law enforcement or the court.

You and your attorney can discuss the specifics of the situation and decide how to proceed. The important thing to know is that you shouldn’t ignore the accusations and assume nothing will come of them if the court is involved.

Gather Evidence and Build Your Defense

If there is anything that can prove your accusations wrong – documents, emails or texts, witnesses, etc. – you’ll want to share that information with your attorney. The more tools you use to show that your ex is lying the stronger your defense.

This is true even if there is a bit of truth to the accusations. Acknowledge the truthful aspects of the accusations, but show proof that the overall accusation is untruthful.

You don’t want to defend against a lie with another lie. Even if some part of the accusation shows you in a poor light, you’re better off being honest about the situation.

Trust Your Attorney If Your Ex Has Made False Allegations

An experienced attorney is your greatest asset during a divorce. This is even more so the case if your spouse has levied criminal accusations against you. Depending on the extent of the accusations and whether law enforcement is involved, you might need to bring a criminal attorney onto your team, as well.

Every situation is unique. If your ex has no evidence to support their claims against you, it might be easy to refute their accusation and move on. However, these situations tend to be personal and complicated. You must comply with court orders, even if they are based on false allegations. Your attorney can help you sort through the details of your situation and determine the best way to respond.

If your spouse has made false criminal allegations against you, David Lindsey can help. For more information or to schedule a consultation, contact David to learn more.

If you or someone you care about has been accused of date rape, you need to speak to an attorney. Guilty or not, your situation is serious.

Even if criminal charges are not filed against you or you are not convicted, being accused of date rape can ruin your life. Innocent people accused of things they did not do end up losing friends, dealing with professional issues, and experiencing problems with family members. If you believe someone is going to accuse you of date rape or already has, you need to contact an attorney who has experience dealing with sex crimes.

What is Date Rape?

Date rape occurs when sexual assault takes place within casual relationships that are not yet committed or domestically linked. The term date rape is also used when drugs are involved in sexual assault.

Date rape is not an official legal term. You cannot officially face charges of date rape. Instead, you’ll face charges of sexual assault. It is illegal to have sex with anyone who is unaware or unconscious or who did not consent to the activity. It is also illegal to have sex with someone conscious, but not capable of controlling their conduct.

Anyone convicted of sexual assault faces serious charges, including lengthy prison sentences. There is also a mandatory requirement to register as a sex offender. Additionally, the court might order fines, restitution, community service, or probation or parole.

These are just the “official” consequences. People accused of date rape face a variety of other long-term issues. If you have a professional license or work in an industry that views sexual assault allegations as a potential liability, you face career issues. People have lost their jobs after facing accusations of date rape.

Accusations of date rape also affect personal relationships. Many of these cases boil down to “he said – she said” cases. It’s your word against your accuser’s. This makes it difficult for friends to understand or trust the details of the situation and many choose to abandon the relationship. Others side with the accuser regardless of whether they are telling the truth.

What Happens If You are Falsely Accused of Date Rape?

Ideally, you’ll avoid situations that can lead to accusations of date rape.

Refrain from sexual activity when you or anyone else involved is under the influence of alcohol or drugs. Avoid spending time alone with intoxicated people or when intoxicated. Plan dates in public locations until you know the person well.

If you engage in sexual activity with someone, do whatever is necessary to prove consent beforehand. It might seem over-the-top or unromantic to build a paper trail before engaging in sexual activity, but it’s important to protect yourself.

Sadly, some people levy false allegations of sexual assault against people they know. This happens for many different reasons. False allegations grow out of misunderstandings, hard feelings, or regrets. Some false allegations are downright vindictive. Regardless of why you were falsely accused, you need to seek legal support quickly.

To convict you of sexual assault or date rape, the prosecutor needs to prove non-consensual sexual contact occurred between non-married people with or without fraud, force, or threat

Unfortunately, this sounds more difficult than it is. Much of the “proof” comes down to what the victim says. Right from the start, those accused of sexual assault are at a disadvantage. The importance of protecting anyone truly assaulted has taken precedence over the non-guilty facing accusations. Those falsely accused suffer because of that. False accusers make things more difficult for true victims. Society has been forced to adjust its approach to ensure true victims receive protection.

What Should You Do If Accused?

Date rape allegations are serious, but that doesn’t mean your life is over if you are accused.

Contacting a criminal defense attorney experienced in sex crimes means someone will examine the facts of the case and uncover details that could help your defense.

For more information or to schedule a consultation, contact David Lindsey.