When facing false allegations of sexual assault, you may feel overwhelmed. Whether you did have contact with the victim or you’ve never seen the accuser before, discovering they’ve accused you of something you did not do can be devastating. Because rape and assault are heinous crimes, Oklahoma takes these allegations very seriously. While this is essential for victims of these crimes, it can be harrowing for the falsely accused. The following blog explores what you should know about these crimes and how an Oklahoma City sex crimes lawyer can help you navigate these charges.

Why Do False Allegations of Sexual Assault Happen?

Unfortunately, there are a number of reasons that someone may falsely accuse another person of sexual assault. These can be the result of emotional conflict, intentional lying, and even manipulation. 

Common Reasons People Make False Accusations

Understanding the common reasons that false allegations arise can help you adequately prepare your defense. 

Custody battles

Unfortunately, a parent may fabricate lies of sexual assault and coerce their child into lying about a crime to gain full custody.

Revenge or retaliation

False allegations arise when a person intentionally and knowingly lies about being the victim of unwanted sexual advances for revenge against another person. Though heinous, these false accusations do occur. Not only does this impact the wrongly accused, but it also makes it more difficult for real victims to come forward.

Mental illness and coercion

In some instances, someone may create a false memory, leading them to believe they were sexually assaulted. This often occurs with children who may be coerced by a parent or adult to accuse another person of rape or molestation. Unfortunately, this can be traumatizing for both the child and the accused party.

Covering up

Someone may use sexual assault as a means of denying a consensual encounter, especially if it involves cheating.

What Are the Penalties for Sexual Assault in Oklahoma?

In Oklahoma City, sexual assault is taken very seriously. As such, you’ll find that you can face intense criminal consequences, in addition to social impacts  

Potential Consequences Under Oklahoma Law

  • First-degree rape: In accordance with 21 OK Stat § 1115v2, a minimum of five years to a maximum of life in prison
  • Second-degree rape: 1-15 years in prison
  • Mandatory registration as a sex offender
  • Permanent criminal record
  • Loss of employment and housing opportunities
  • Severe social stigma and a destroyed reputation

What Should I Do if I’m Falsely Accused?

As you can see, false allegations of sexual assault in Oklahoma can be life-altering. If you have been accused of sexual assault, taking the necessary steps to protect yourself is vital.

1. Invoke Your Right to Remain Silent

The most important thing to do is to remain silent when taken into custody. Unfortunately, many try to defend themselves only to end up accidentally incriminating themselves. You have the Constitutional right to remain silent, so be sure to invoke it.

2. Do Not Contact the Accuser

You should also refrain from contacting your accuser. Though you may be hurt or upset, especially if they are a friend or loved one, contact can seem like intimidation. As such, it’s in your best interest to avoid them at all costs.

3. Beware of Recorded “Pretext” Phone Calls

In some instances, the police may facilitate a phone call from your accuser to you. The police will record this phone call in the hopes that you apologize or try to “clarify” the situation. It’s imperative to understand that even saying “I’m sorry you feel that way” can be viewed as an admission of guilt. 

If you receive a phone call from the accuser, you should firmly and politely tell them that you did not do this and you do not want to talk before hanging up

4. Do Not Speak to Police Without a Lawyer

The police may try a number of tactics to get you to feel comfortable speaking with them. It is critical to understand that you should not speak with them until your lawyer is present. The police may lie to you, claiming that they have evidence against you, when in reality, no such evidence exists. Additionally, they may claim that they want to talk, “just to clear things up.” However, this is in the hopes that you accidentally incriminate yourself. 

5. Preserve Evidence

You should also capture any evidence that you have that can help support your innocence. This includes:

  • Text messages, screenshots, emails, and call logs
  • Write down witnesses who can speak to your whereabouts
  • Save receipts, GPS data, and any other time-stamped interactions
  • Write down your version of events to help preserve your memory

6. Avoid Posting on Social Media

In today’s day and age, social media is likely an integral part of your life. However, even seemingly harmless posts can be twisted by the prosecutors to claim that you are guilty or that your posts show a motive. Instead, you should refrain from posting anything to your profiles and strongly consider deactivating your accounts until the case is closed. 

Speak With an Oklahoma City Sex Crimes Defense Attorney

Though the statistics show that false allegations are low, they do occur. In the event you have been falsely accused of rape, the Jones Firm, PLLC can help. Our dedicated team will do everything in our power to assist you through these challenging times. Contact us today to learn how we will fight for you.