Being falsely accused of sexual assault is a terrifying ordeal that can have devastating consequences. Nebraska law takes these accusations very seriously, and the penalties can be severe.
The stigma and public humiliation of facing false accusations can feel unbearable, but with the proper legal support, you can start to take control. If you are accused of such a severe crime in Nebraska, acting swiftly and cautiously is crucial.
Below is our step-by-step guide on what to do if falsely accused of sexual assault, including protecting your rights and what you need to know about sexual assault law in the state.
Nebraska Sexual Assault Law and Penalties
Nebraska defines sexual assault as any non-consensual sexual contact or penetration, and the penalties for such offenses can range from severe fines to lengthy prison sentences. Nebraska law divides sexual assault into three degrees based on the nature of the act, the victim’s age, and other circumstances. First-degree sexual assault involves penetration and the use of force, while second and third-degree charges may involve different forms of unwanted sexual contact.
Penalties Are Severe
First-degree sexual assault can lead to up to 50 years in prison, while lower-degree offenses carry similarly harsh consequences, including lifelong registration as a sex offender. The gravity of the charges and penalties makes strongly defending yourself against false accusations vital.
Stay Calm, Avoid Confrontation, and Contact an Attorney
The first thing to do if falsely accused of sexual assault is to remain calm and contact a skilled criminal defense attorney. A seasoned lawyer will protect your rights and ensure your words aren’t taken out of context. Reacting aggressively or emotionally could make matters worse. It’s essential to avoid any confrontation with your accuser, as this could lead to further legal complications or even additional charges.
Do Not Speak to Law Enforcement Without a Lawyer
It’s natural to want to tell your side of the story immediately—but resist that urge. Speaking to law enforcement without your lawyer present could backfire, as anything you say might be twisted and used against you. Avoid speaking to law enforcement, the alleged victim, or anyone else about the accusation until you’ve spoken to your attorney and they either tell you it is OK to talk or advise you to stay quiet.
Collect and Preserve Evidence
This includes saving text messages, emails, social media posts, and other communication that may help demonstrate your innocence or highlight inconsistencies in the accuser’s story. If possible, note down witnesses who may have seen or heard something related to the case.
Discrediting false allegations becomes much easier when you gather solid evidence. Your attorney will work with you to determine which evidence can best support your defense.
Build a Strong Defense
Building a solid defense is essential when you’re up against false accusations. Several defenses are commonly used in sexual assault cases.
- Consent. In some cases, the accused and the accuser may have had a consensual relationship. If you can prove that the alleged victim consented to the sexual activity, you may be able to avoid charges.
- Mistaken identity. False accusations can sometimes stem from the accuser identifying the wrong person as the perpetrator. Poking holes in the identification or providing an alibi can be a powerful defense in these cases.
- False allegations. The accuser may have a motive to lie, whether due to personal animosity, a desire for revenge, or another factor. A thorough investigation into the accuser’s background and motives can reveal inconsistencies in their claims.
- Mistake of fact. In some cases, you may be able to claim that you mistakenly believed the victim was consenting to the sexual activity.
Your lawyer will examine the circumstances of the case, the available evidence, and any potential witnesses to develop the best strategy.
Understand the Potential Penalties
False sexual assault allegations can lead to a variety of legal consequences, even if you are innocent. A conviction can result in prison time, mandatory sex offender registration, hefty fines, and a permanent criminal record. These penalties can affect your employment opportunities, relationships, and reputation.
It’s essential to understand the seriousness of the charges and work with an attorney who has experience handling sexual assault allegations. Nebraska aggressively prosecutes sexual assault cases, so you need a robust defense to prove the falsehood of these claims.
Take Legal Action Against False Sexual Assault Allegations
In cases where it’s proven that the accuser intentionally made unfounded accusations, you may have legal recourse to seek damages for libel, defamation, emotional distress, or other harm caused by the false claims. Your attorney can help guide you through the process of holding the accuser accountable. This typically comes after your immediate criminal legal challenges have been addressed.
What to Do If You’re Falsely Accused of a Crime? Contact Petersen Criminal Defense Law
Facing false or misleading sexual assault accusations in Nebraska can be terrifying, but you don’t have to face them alone. With over 15 years of experience and over 6,000 clients defended, Petersen Criminal Defense Law has the knowledge and trial expertise to handle these complex cases. Whether proving your innocence through evidence or questioning the accuser’s credibility, having the right legal team can make all the difference.
Our attorneys are skilled in building strong defenses for those facing false accusations, ensuring your rights are protected every step of the way. We understand the emotional, personal, and legal challenges of such serious charges, and we are committed to providing the aggressive legal representation you deserve. Contact us today!
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