Has Your Son Been Accused Falsely Of Sexual Assault? What You Need To Know

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Recently Rolling Stone Magazine published an article about the growing problem of rape and sexual assaults on campus. And while the article brought much needed attention to a very sensitive subject, it also, unfortunately, revealed another problem -- that not all allegations and accusations in these types of cases are true. After the Rolling Stone piece ran, it was discovered that some of the accusations made by one of the women profiled in the story didn't match up with facts dug up by other news outlets. If you have a son who has been accused of rape or sexual assault, it is important to hire an experienced criminal defense attorney who can discover the truth about the alleged crime and protect your child's rights.

The Duke University Case

Because the Rolling Stone incident is still under investigation, it is still unknown how much of the accuser's story is true. But there have been a number of other recent high-profile incidents in which college males have been accused falsely of sexual misconduct on campus.

  • In 2006, three members of the Duke University lacrosse team were accused of raping a woman at a party they had hosted. They were eventually found innocent, but not before being arrested and having their names dragged through the mud. These cases have revealed how easy it is to falsely accuse someone, such as your son, of a sexual crime.
  • In 2010, a student at the University of North Dakota was accused by another student of sexual assault. According to Time, the male student was expelled, but then a few months later, he was informed by the police that the woman had lied. She was eventually charged with filing a false report. 

What You Should Do

Hiring the right attorney is important if your son has been accused of a sexual crime. These types of crimes are often hard to defend as they typically come down to a "He said, she said" situation. For example, your son may have thought he was engaging in consensual sex with a woman, while she may say that she was too intoxicated to know what she was doing.

It's also important to note that your son could be accused of sexual assault even if he does not have intercourse with a woman. For instance, if a girl believes that your son touched her breasts or genitals inappropriately, that can also be considered sexual assault. If your son is charged and convicted of a sexual crime, he could: 

  • End up spending time in jail.
  • Be placed on the Sex Offender Registry, which can be viewed by anyone. 
  • Lose his job and ability to obtain employment in many industries. 

What a Defense Attorney Can Do

An experienced defense attorney:

  • Will check out the accuser's story thoroughly for holes or fabrications. If there are inconsistencies in the accuser's stories, the lawyer could prove that she is lying about the entire crime. 
  • Could use Title IX, which is a statute that guarantees gender equality. According to the New York Times, some lawyers are using this statute when it appears that a male defendant is not being treated as fairly as his female accuser by the university.  
  • Will try to find out if the accuser has a hidden agenda against your son. For instance, is she angry with him or is she seeking financial compensation? 

Rape and sexual assault are terrible crimes and should be prosecuted. But it is also a crime if your son is being accused of an act that he did not commit. And, unfortunately, there are some individuals out there who are willing to make false accusations against innocent parties because they, for example, feel they were jilted or regret their own conduct. That is why hiring experienced representation for your son is of the utmost importance. 

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7 January 2015

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