How To Fight Back Against False Child Molestation Claims

  • Law CredoLaw Credo
  • 2022-07-05 08:43:26

Child molestation accusations against you can occur when a child misunderstands your actions towards them and interpret them as inappropriate. An adult could also misunderstand how a child describes an event, leading them to believe you molested them. There are also cases where a child or teenager could lie about your relationship with you and accuse you of molesting them. False accusations are also quite common in a daycare setting or in the middle of a divorce or separation. If you find yourself in this harrowing situation, know that you can fight back for your rights. Here are the steps you could take to fight back against the false claims. 

Avoid contacting the accuser

It is only natural to feel angry and frustrated after you hear about your child molestation accusation. You might want to approach the accuser or the child and vent about how unfairly they treat you. However, contacting the accuser is wrong, especially if you don’t have legal counsel. You could also say something you don’t mean in the heat of the moment that could hurt your case in the long run. Irrational behaviour could also make the jury rule against you in court. Therefore, we advise you to stay calm and keep your distance. 

Preserve any evidence

After receiving news about your false accusation, the best course of action would be to gather evidence that you will present to the jury. In court, it will be the defendant’s words against yours. Therefore, you need to prove that the child molestation act never happened. Ensure you keep records of any emails, phone conversations, and text messages you exchanged between you and the defendant. If you were out shopping or at a restaurant, we advise keeping the receipts. It would also help to keep a detailed physical journal highlighting your movements and emotions during the entire period. 

Gather witnesses

Witnesses are valuable to your case and can help you prove your innocence. Try to remember where you were and what you were doing when the alleged incident happened. The next step would be to find a few witnesses who can vouch for you and confirm you were together doing a particular activity. Any CCTV footage, phone call recordings, or text messages they provide can go a long way in proving the validity of their claims. 

Don’t make any statements or answer any questions

Law enforcement or people you know personally may want to question you or request you to make a statement concerning your child molestation accusation. Anybody can take a simple and innocent statement and make it sound incriminating. For instance, you could admit to being left alone with the child for a short while, and the defendant could turn the statement around to make you look like a predator. Therefore, it would be best to refrain from discussing the case until you consult with your lawyer. You could politely decline their questions and ask them to wait till a later time.

Hire a top sex crimes attorney

One of the first things you should do when facing a child molestation accusation would be to look for a sex crimes attorney to fight for your rights. Don’t take the allegations lightly. Remember, law enforcement tends to take charges seriously and will investigate the matter. In this case, your attorney will advise you on what to do and speak on your behalf to anyone seeking your comments. Ensure you are honest with your lawyer since attorney-client privilege protects any information you disclose. It wouldn’t also be wise to submit evidence to any party until you have the green light from your attorney. 

Cooperate with the authorities

Even though you believe you are innocent, the police still need to conduct their investigation. Acting defensive and hindering the investigation will only make you look like you have something to hide. You also risk getting into more trouble and making the defendant look like they were right all along. It would be best to allow the police to do their job until they can prove you are innocent. Again, have an experience sex crimes attorney on your side. 

Turn the charges around!

Child molestation is a serious charge that could get you arrested and ruin your reputation. On the other hand, making a false claim against a person is a crime classified as a class B misdemeanour. With the help of your attorney, you could build a strong case that proves your innocence and sees to it that the judge drops the charges against you. After you have cleared your name, ensure you turn the charges around and sue for defamation and libel. After all, your name will have likely been soiled by such charges.

Final remarks

Some negative impacts of a child molestation claim include incarceration, loss of employment, and professional licences. You might also need to register as a sex offender and lose custody of your own children. We hope this article explains what you need to do to clear your name. 

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