If someone has falsely accused you of sexual assault on social media, you can take steps to protect your rights. However, you must carefully approach this sensitive topic. An experienced criminal defense lawyer can guide you through the process of defending yourself from false allegations.
Defamation Defined
Defamation occurs when someone says something that damages another person’s reputation. Defamation is often divided into two categories: slander and libel. Slander is a verbal defamatory statement, while libel is a written statement.
To prove a civil defamation claim, you must generally show the following:
- The defendant made a false statement of fact to a third party.
- The statements were not legally privileged.
- The defendant was negligent in determining if the statement was true or not or that they made the statement in reckless disregard of the truth, if you were a public figure.
- You suffered harm as a result of the false statement.
One of the traditional forms of defamation is a false accusation that someone committed a crime, especially one that is so negatively looked upon, such as rape or sexual assault.
Steps to Take If You Are Wrongfully Accused of Sexual Assault on Social Media
If someone has wrongly accused you of sexual assault, take these steps to protect your rights:
- Remain calm – You might be tempted to fight back against damaging statements about your reputation, but try to stay calm so you can make rational decisions.
- Don’t contact the alleged victim – Contacting the person who is falsely accusing you could be used against you in a criminal case.
- Contact an experienced lawyer – Speak to an experienced criminal defense lawyer about the accusations and how you can protect yourself. A lawyer can represent your legal interests.
- Consider your legal options – Depending on the circumstances, you may want to focus on any underlying criminal charges. However, you may have other options, such as reporting the alleged victim for filing a false police report or suing them for defamation.
- Help build your case – Work with your lawyer to build a defense. Identify witnesses who may have seen some of the interactions between you and the alleged victim. Explain any motivation the accuser may have to make such false accusations. Keep copies of all communications you and the accuser had.
- Don’t post on social media – Avoid posting information about the accusations on social media or discussing the matter with anyone other than your lawyer.
- Ask the social media platform to remove the damaging information – Submit a request to the social media platform to remove the scathing accusations.
Contact Our Sexual Assault Defense Lawyer for a Confidential Consultation
If you have been wrongfully accused of sexual assault, you need to start building your defense immediately. Take the first step toward protecting your legal rights and reputation by contacting the Law Offices of Elaine E. Lukic. Our former sexual assault prosecutor can offer unique insight into your case and explain your legal rights to you. Call us at (888) 565-2217 or complete our online contact form to schedule a confidential case review.