A Closer Look at False Sex Crime Allegations

False sex crime allegations are made for a variety of reasons including attention, sympathy, revenge, and cover-up of another crime or indiscretion. In some cases, allegations are made by a parent of a young alleged victim.

Who Files False Allegations for Sex Crimes?

Studies show that false allegations for sex crimes like rape and sexual assault are rare, but they do exist. Accusers often make false allegations to gain attention or sympathy from other people or seek revenge against the alleged perpetrator out of anger. In many cases, false accusers are teenage girls who use the allegation as a way to avoid getting in trouble with their parents for something trivial like coming home late for a curfew or disobeying household rules. In cases involving young girls, studies show that it’s often the parents who file false allegations because they believe the story that their daughter has told them.

Mental illness also plays a role in false sexual allegations seen by many sex crime attorneys. Studies show that false reports of rape and sexual assault are often filed by people under psychiatric care or on psychiatric medications for mental illness. Many of these accusers have a previous history of bizarre behaviors, fabricated stories, and charges of criminal fraud. They are often unstable and involved in some type of criminal behavior themselves that are supported by family members and their circle of friends and associates.

The Consequences of False Allegations

Sex crime allegations are not taken lightly by law enforcement. When accusations are made, law enforcement officials take them seriously and devote extensive resources to claim investigations. If they feel like they have a case, the alleged perpetrator will likely face criminal prosecution. Even when allegations are false, an alleged perpetrator is at risk of severe penalties if convicted of the crime.

In many cases of false sex crimes, charges are dropped, but accusers face defamation lawsuits by their alleged perpetrators. Recently, a Minnesota law professor filed a defamation lawsuit, because his tarnished name and reputation led to consequences for his teaching position at a prestigious Minnesota university. When false accusations are made, it’s essential to understand legal rights and the potential consequences of the allegations through a sex crime attorney, even if the allegations are dropped.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

The timeline for filing pre-trial motions in a criminal case in Minnesota varies with the type of motion. A motion related to the discovery of evidence or dismissal of a criminal case must be filed at least three days before the Omnibus Hearing. The prosecution is then allowed to respond to the motions, and the court sets the timeline for these responses.
Knowing the tips for interacting with law enforcement as a suspect in Minnesota can keep you from saying or doing something that incriminates you. These tips include understanding your rights while interacting with law enforcement, knowing how to handle search and seizure, and seeking the early intervention of a criminal defense lawyer. You should apply these tips when you are stopped for questioning, a suspect in a criminal investigation, pulled over in a car, and during arrest, arrest processing, and custody.
You may need to hire a criminal defense lawyer even if you have not been charged. A criminal defense lawyer protects your rights when law enforcement officers are investigating you for a crime. Without a lawyer, you might say something that could be incriminating or misconstrued. Your lawyer can engage with the police or the prosecutors and provide evidence that prevents them from filing formal charges. Your lawyer can also go through your case and prepare a defense strategy if there is a possibility of you getting charged.