Defending False Allegations of Sexual Assault

 Posted on March 20, 2025 in Sex Crimes

When an individual alleges he or she has been sexually assaulted, unless there is evidence to the contrary, it is assumed to be a truthful allegation. And in most cases, allegations of sexual assault are truthful. There are instances, however, where false allegations are made for revenge, as a means of "getting even," by someone who regrets he or she agreed to a sexual encounter or to gain the upper hand in a divorce or child custody case.

While there are no absolute numbers regarding how many allegations of sexual assault are less than truthful, it is estimated that between 2 and 8 percent of sexual assault allegations are false. In one study done at a major Northeastern university over a 10-year period, it was determined that almost 6 percent of the allegations of sexual assault were false, and in a study done by the Los Angeles Police Department, the rate of false sexual assault allegations was about 4.5 percent.

A Michigan University studied false allegations based on those who had been convicted and then exonerated by DNA or because someone else confessed to the crime. While the study covered murder, sexual assault, and other violent crimes, about 26 percent of those exonerated were in prison for sexual assault. While it is always the best practice to have a Joliet, IL criminal defense attorney by your side when you are facing criminal charges, it is even more important if you are facing false allegations of sexual assault.

What is the Best Way to Mount a Defense Against False Allegations of Sexual Assault?

While it is one of the hardest things to do, it is important that you stay as calm as possible. Your first instinct may be to talk to the accuser and ask why he or she is making these allegations. Do not do this. The first thing you must do is speak to an experienced criminal defense attorney, listen to what he or she says, and follow the instructions to the letter. While understandable, lashing out in anger or frustration will only worsen your situation. Do not speak to the police without your lawyer present.

Next, you can work with your attorney to gather evidence that proves your innocence. Write down every single detail you remember about the encounter (if there was one), including who said what and exactly what each of you did. If you have received emails, texts, phone calls, or in-person meetings with your accuser, keep meticulous notes and save every correspondence. If you have proof that you were not even with the accuser at the time he or she is claiming, make sure your attorney has that. If there are any witnesses who can bolster your version of the events, let your attorney know.

If the accuser has made social media posts about the alleged sexual assault, make sure you get screenshots in case they are later deleted. Help your attorney develop a strategy to combat false allegations by challenging the accuser’s credibility. Perhaps they have made similar allegations in the past that turned out to be false. Maybe the accuser has a history of being less than truthful. What are the motivations for the false allegations of sexual assault? Do you have a pending divorce or a custody issue?

Most people who make false allegations have not really thought it through. Perhaps they made the allegation in anger, and there are discrepancies in the story that a skilled attorney can identify. If your attorney has evidence that your accuser is lying, a threat to sue him or her for making false allegations can sometimes make the accuser back down. It is also worth noting that making false allegations against people can be illegal under defamation laws, so consider your own lawsuit once you have been cleared of wrongdoing.

Contact a Will County, IL Sexual Assault Attorney

A Joliet, IL sexual assault lawyer from Law Office of Eric J. Blatti, P.C. can help you through this difficult time. Attorney Blatti is local to the Joliet area and has experience as a public defender as well as positive relationships with local attorneys and judges. Call 815-744-2500 to schedule your free consultation.