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  • What Do You Do if You’ve Been Falsely Accused of a Sex Crime?

    Posted on by JACK MKHITARIAN

    sex crimeBeing falsely accused of a crime you did not commit is incredibly stressful. If you are facing allegations of sex crimes you did not commit, it is critical that you know how to respond to these allegations.

    Even if you are innocent, you should not speak with the police. Likewise, you must realize that, if you are going up against a victim’s testimony, then the odds are stacked even further against you. Now is the time to remain calm, remember that you do have rights, and speak with a criminal defense attorney, immediately.

    Sex crime allegations in New Mexico are very serious. And if you are found guilty, you could have prison sentences, fines, and be forced to register as a sex offender with the state. These situations are stressful enough, especially if you have been falsely accused of rape, sexual assault, or molestation.

    Sadly, false accusations happen more often than you might realize, and you need an attorney who has experience helping clients in similar situations fight back against these false accusations before it is too late.

    Sex Crimes in New Mexico Are Taken Seriously

    New Mexico, like other states, prohibits sex crimes. Many of these crimes are treated aggressively by law enforcement and the state, which means they will show no mercy when it comes to sentencing and trying to get the maximum prison sentence possible. Certain sex crimes are misdemeanors, while others are felony acts. Even if you are convicted of a misdemeanor, you will have lifelong consequences, including registering as a sex offender and a permanent criminal record that shows you were found guilty of a sex crime.

    Sex crimes include:

    • Sexual Assault
    • Rape
    • Molestation
    • Child Pornography
    • Prostitution
    • Solicitation
    • Statutory Rape
    • Indecent Exposure

    Why Am I Falsely Accused of a Sex Crime I Did Not Commit?

    A common question our attorneys receive is “why?”

    Why would someone falsely accuse another of a sexual act or violent crime that they did not commit? It is hard to cope with the fact you are falsely accused, even more so if you know the victim. However, these allegations happen more frequently than you might think, and there are numerous reasons why you might find yourself facing false allegations.

    Just some of the reasons include:

    • Accusations out of revenge. Someone might falsely accuse you of a sex crime as a way to harm your credibility, or they may accuse you due to a previous dispute or misinterpretation of the situation.
    • The accuser might be ashamed of sexual acts they committed, so they need someone to blame. There are instances where people regret consensual sex. Therefore, to feel better about the decision, they will convince themselves and law enforcement that it was not consensual.
    • Trying to hide evidence of an extramarital affair. Another common reason for these accusations is when one spouse is cheating on the other, and they are caught. They will try to claim that they were sexually assaulted and that they didn’t cheat on their spouse.
    • False identification in a photograph or stand-up lineup. Other times, the victim is confused and picks the wrong suspect out of the lineup. They may falsely identify their assailant because that assailant looks like you. This happens more often when alcohol, drugs, or other substances are involved.
    • A stepchild wants their new parent out of the house and relationship. False accusations of child molestation are common when stepchildren do not like their new parent and they want them out of the house. They will accuse them of sexual assault as a way to break up the marriage – without realizing the seriousness of their accusations.
    • One parent wants revenge in a divorce or child custody case. Another common reason for false accusations is bad feelings over divorce or custody agreements. One parent might want to get back at the other and accuse them of sexual assault. Other times, to get custody of their children, they may accuse the other parent of child molestation.

    Defending Yourself – How Can You Defend Yourself in Cases of False Accusations?

    If you are accused falsely of a sex crime, you may be tempted to just sit there and assume that the system will work for you and figure it out – but you would be incorrect.

    These cases rarely clear themselves up. And if you think law enforcement will take your word that you are innocent and then help to prove that, you are even more wrong.

    Instead, you need a defense attorney by your side to make sure your innocence is proven. Just some defense strategies your attorney might deploy to prove that you did not commit the heinous crimes you’re accused of include:

    • Proving Consent: While the other party might say it was not consensual, you may have proof that they are lying and that you did have consent.
    • Poor Evidence: While these cases do hinge on the testimony from the victim, the state still needs other evidence to prove the acts you committed were more than just someone’s word saying you did it. Therefore, if there is insufficient evidence, your attorney might be able to cast enough reasonable doubt so that your case is dismissed.
    • Credibility of the Victim: While it sounds distasteful if the victim is falsely accusing you of a crime you did not commit, your attorney might work to prove that their credibility is too questionable. Once the state realizes that their key witness is not credible, they may not pursue charges.

    To explore your defense options, speak with an attorney from New Mexico Criminal Law Offices today. We will meet with you during a free case evaluation to help determine the right strategy to clear your name. Schedule your appointment now by calling us or request more information online about our defense services.