Cofer Luster Criminal Defense Lawyers | June 5, 2025 | Sex Crimes
False rape accusations can turn your life upside down. In Texas, being charged with sexual assault is extremely serious and can carry harsh penalties, even if the accusations are untrue. Unfortunately, these cases do happen; if you face false allegations, you need to take action quickly to protect your rights and your future.
Here is what you should know about fighting back against false rape allegations in Texas and the steps you should take to defend yourself.
What Is Rape Under Texas Law?
In Texas, rape is prosecuted under the state’s sexual assault laws, found in Section 22.011 of the Texas Penal Code. A person can be charged with sexual assault if they intentionally or knowingly cause another person to engage in a sexual act without their consent.
The law defines lack of consent broadly, and factors such as force, threats, coercion, or the victim’s incapacity to consent all apply.
The penalties for a rape conviction in Texas are severe. Sexual assault is usually a second-degree felony, punishable by up to 20 years in prison and a $10,000 fine. If certain aggravating factors are present, it can be charged as a first-degree felony with even harsher penalties.
How False Rape Allegations Happen
False rape allegations can arise for many reasons. In some cases, a person may knowingly make a false report. In others, a misunderstanding, mistaken identity, or poor communication can result in an accusation.
Some common reasons false accusations occur include:
- Personal revenge or retaliation
- Child custody disputes or relationship breakdowns
- Mental health issues
- Misidentification of the accused
- Influence from others, such as family members or friends
Regardless of the reason, once an allegation is made, law enforcement may act quickly, often before fully verifying the facts.
Steps to Take if You Are Falsely Accused of Rape in Texas
If you are falsely accused of rape, every step you take matters. You need to focus on protecting your rights and building a strong legal defense.
Here is what you should do:
- Do not contact the accuser: Any contact with the person making the accusation can be used against you. Avoid all communication.
- Remain silent: Do not speak to the police without an attorney present. Anything you say can be used in court.
- Hire an experienced criminal defense lawyer: The sooner you have legal representation, the better your chances of mounting a successful defense.
- Preserve evidence: Save any text messages, emails, or other evidence that may support your side of the story.
- Gather witnesses: Identify anyone who may be able to confirm your whereabouts or provide helpful testimony.
- Follow legal advice: Your attorney will guide you on how to navigate the process and protect your rights.
The sooner you hire an experienced criminal defense lawyer for your case, the better.
How a Criminal Defense Lawyer Can Help
An experienced Texas sex crimes defense lawyer will know how to handle false rape allegations.
Your attorney can:
- Investigate your case and the prosecution’s evidence against you
- Determine the best defense(s) suited for your case
- Challenge the accuser’s credibility
- Present exculpatory evidence
- Cross-examine witnesses effectively
- Negotiate with prosecutors for a dismissal or reduced charge if appropriate
- Represent you in all court hearings and appearances, including taking your case to trial if necessary
Your lawyer will also ensure that your constitutional rights are protected throughout the legal process.
Contact Cofer Luster Criminal Defense Lawyers for Legal Help Today
False rape allegations are frightening and overwhelming, but with an experienced Texas criminal defense lawyer on your side, you can fight back and work to clear your name.
If you are facing false accusations of sexual assault, set up a free consultation with an attorney today. A lawyer can review your case and build a strong defense to protect your rights and your freedom.
Reach out to Cofer Luster Criminal Defense Lawyers to learn more about your rights and legal options.
For more information, please contact the [RELATED PRACTICE AREA] law firm of Cofer Luster Criminal Defense Lawyers for a consultation. Give us a call at (682) 777-3336 or visit our convenient location:
We serve the surrounding areas of Tarrant County and Fort Worth, TX.
Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 76102