Refuting False Sexual Assault Charge

By The Law Offices of Joel Silberman, LLC

08/12/2022 Motives behind a false sexual assault chargeIt is not uncommon to see false sexual assault charges being made in ongoing divorce or child custody battles, failed or troubled relationships, with the intention of extorting money and blackmailing the accused for some personal gain. The charge could be made due to personal animosity or as an act of malice. A state of intoxication could create misunderstandings and could lead to such accusations.
A serious threat to your future, livelihood and reputationThe accused should take it seriously as the mere charge could be punishment, even if the charge does not lead to a conviction, as it may cause loss of reputation. A prolonged battle in court could lead to irreparable reputational and financial loss for the accused.
You should also remember that even a false charge could lead to a prolonged court battle and/or conviction. Being innocent and proving it in a court of law are two different things. If you are convicted, you may end up paying a heavy fine, getting a jail term or both. You end up being registered as a known sex offender, putting you at a serious disadvantage in getting a job, renting accommodation, or relationships with the society at large.
An accuser making a false charge must be held accountableMaking a deliberate false accusation of sexual assault is itself a crime. The false accuser is made accountable for his crime. That will redeem your reputation and loss to some extent.
You need an experienced defense attorney to refute the false sexual assault chargeThe charge must be countered and defended legally as soon as possible and in as short a time as possible. Contact an experienced sex crime defense lawyer immediately to assess the case and take appropriate action to defend your right to justice. He will look into the content of the charge, possible options and outcomes, quality of evidence, any incorrect information or inconsistencies in the accuser’s statement and present a solid defense for you.
You must not do the following:

Do not contact the accuser—it may be construed as acceptance of the charge, threatening or pressurising the accuser.
Talk to the police without an attorney by your side – Any statement made to them can be used against you in court. You have the right to remain silent. So, avoid making any statements without consulting your lawyer.
Accept non-mandatory testing—it could work against you.Talk to your lawyer, he knows the potential risks. So, don’t agree to undergo tests such as DNA tests unless your attorney thinks that may benefit you.
Make any public or private statements regarding the charge – As with talking to the police, any statement you make can be used against you. Let your attorney handle your statements and communication.
Represent yourself in court – The accuser or his/her attorney may take advantage of statements you make due to a lack of knowledge of the law or a complicated legal process. Make sure you have an experienced attorney representing you in court to ensure the best possible defense for you.

Contact New Jersey Sex Crime Defense Lawyer Joel SilbermanIf you’ve been falsely accused of a sex crime in New Jersey, contact us today at the Law Office of Joel Silberman. Criminal Defense Attorney and Jersey City lawyer Joel Silberman focuses exclusively on criminal defense. For years, Joel Silberman served as an Assistant Prosecutor with the Hudson County Prosecutor’s Office. He has years of experience helping falsely accused people get the justice they deserve by getting charges dropped or dismissed and their names cleared.
Act quickly to defend yourselfTake the sexual assault charge seriously, act quickly, and contact us at 201-420-1913 or joel@joelsilbermanlaw.com.
We’ll provide you with a confidential legal review of your case, and possible course of action. Once we are hired, we will immediately take steps to preserve critical evidence, interview potential eyewitnesses and prepare your defense.

About This Author

The Law Offices of Joel Silberman, LLC

Joel Silberman’s path to becoming a Criminal Defense Attorney started when he earned his Juris Doctor from Seton Hall University School of Law in Newark, New Jersey. After finishing law school, Joel was a Judicial Clerk to the Honorable George F. Rohde, Jr., J.S.C. in the Superior Court of New Jer…