Cofer Luster Criminal Defense Lawyers | April 24, 2025 | Sex Crimes

How To Prove Innocence When Falsely Accused of Sexual Assault

Facing a false accusation of sexual assault is overwhelming. The emotional, reputational, and potential legal consequences can be devastating, even when the allegations are entirely unfounded. Here are steps you can take to prove innocence when falsely accused of sexual assault to protect your rights and future:

1. Stay Silent and Do Not Engage 

One of the most important things you can do after being accused of sexual assault is to remain silent. Do not speak to the accuser, law enforcement, or anyone else about the allegations until you have retained a criminal defense attorney. 

Even if you know you are innocent, trying to explain yourself can be harmful. Your words may be misinterpreted or used against you in court. Do not post about the accusation on social media or try to “clear things up” with the alleged victim. You have the right to remain silent and avoid self-incrimination under the Fifth Amendment of the U.S. Constitution. 

2. Hire an Experienced Criminal Defense Attorney

False accusations of sexual assault require an experienced legal defense. Hire a criminal defense lawyer who knows how to handle sexual assault cases and understands how to challenge false claims effectively. 

Your attorney will be able to guide you through every step of the legal process, from conducting pre-trial investigations to defending your rights in court. They will also help you build a compelling case that supports your innocence and discredits your accuser.

Your attorney can help with:

  • Gathering evidence that supports your alibi or refutes the timeline of events
  • Interviewing witnesses who can speak to your character or contradict the accuser’s story
  • Retaining forensic specialists, psychologists, or other expert witnesses 
  • Challenging inconsistent or uncorroborated statements made by the accuser

Schedule a consultation if you or someone you love is falsely accused of sexual assault in Texas. 

3. Preserve Evidence That Supports Your Case

Collecting and preserving evidence that may help prove your innocence is important. This includes:

  • Text messages, emails, or social media messages between you and the accuser
  • Photos, videos, or call logs that show your location at the time of the alleged incident
  • Receipts, surveillance footage, or GPS data that may provide an alibi
  • Witness testimony from people who were with you during the time of the accusation

Avoid deleting any information from your phone, computer, or social media accounts. Even if you think something may be irrelevant, it could become important later. Turn over all relevant information to your criminal defense attorney. Do not try to filter what you think is helpful or harmful.

4. Avoid Direct Contact with Your Accuser

It may be tempting to confront your accuser or try to resolve the matter privately, but doing so can backfire. Direct contact can be misinterpreted as harassment or intimidation and may result in additional charges or a restraining order. Let an attorney handle all your communications through the proper channels.

A criminal defense attorney can help prepare your defense once you have secured representation. In many false accusation cases, the prosecution’s case relies heavily on your accuser’s credibility. Your attorney may be able to challenge their credibility by:

  • Exposing inconsistencies in your accuser’s story
  • Demonstrating a possible motive for a false accusation, such as revenge, child custody disputes, or personal gain
  • Highlighting a lack of physical evidence or corroborating witnesses

The burden of proof rests with the prosecution. They must prove guilt beyond a reasonable doubt. Your defense strategy should focus on showing that reasonable doubt exists and that the accusation is not supported by credible evidence.

Accused of Sexual Assault? Contact a Criminal Defense Lawyer Today

Being falsely accused of sexual assault is terrifying, but you are not alone, and you do have rights. The most important steps are to stay silent, hire an experienced criminal defense attorney, preserve evidence, and avoid contact with your accuser. Working with an experienced attorney can help you protect your reputation, future, and freedom. 
Schedule a free consultation today if you or someone you love is falsely accused of sexual assault.

For more information, please contact the sex crimes 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