Sexual assault is a serious criminal offense in Colorado and nationwide. Fake accusations put into question the credibility of other accusers and undermine the criminal justice system. False allegations can lead to severe consequences for the accused. Even after pursuing a civil claim against the individual or entity responsible for the accusations, the accused may continue to operate under a shadow of suspicion. Understanding your right to recover damages after establishing fake allegations can help you determine how to move forward.
What Is a False Accusation of Sexual Assault?
Colorado law defines sexual assault as knowingly inflicting sexual intrusion or penetration on a victim who the actor knows does not consent, knows the victim is incapable of understanding the situation, knows the victim only submits thinking the actor is their spouse, is 14 or younger, is 15 to 17 years of age while the actor is at least ten years older than the victim, is in a position of authority that causes the victim to submit, purports to provide a medical service, or knows the victim is physically helpless.
False allegations occur when the alleged victim claims another person did any of the above acts, knowing that this information is false or exaggerating their claims. False allegations often extend beyond the alleged victim reporting this information. Instead, they may communicate these allegations to third parties, employers, organizations, or law enforcement. When someone intentionally reports crimes that did not occur or are fabricated, there can be repercussions for both the accuser and the accused.
Reasons for False Accusations of Sexual Assault
People may make false accusations of sexual assault for various reasons, including:
- Regret
- Misunderstanding
- Revenge
- Not wanting to report the real culprit
- Mental health problems or purported victims who are emotionally troubled
- Attempting to get an advantage in another domestic case
Damages for False Accusations of Sexual Assault
Individuals who are wrongfully accused of sexual assault may experience significant effects in all aspects of their lives. Their careers and reputations may be irreparably harmed. They may face financial burdens to prove their innocence. They may also suffer significant emotional distress. Their personal relationships may continue to be harmed years down the line.
Victims of false allegations can seek redress for the harm they’ve suffered, such as compensation for:
- Harm to their reputation
- Damage to their careers
- Reduced earning capacity
- Counseling and mental health services
- Anxiety, depression, isolation, and sleep problems
- Legal costs incurred to defend themselves
In some situations, the accuser’s actions rise to criminal acts themselves, such as if they cause a wrongful arrest or involve filing false police reports. Perjury charges can be filed if the alleged victim lies on the stand and their lies are established.
Contact Us for a Confidential Consultation to Explore Your Legal Rights
If you have been falsely accused of sexual assault, the first thing to do is talk to an experienced criminal defense attorney to defend yourself against false charges. Elaine E. Lukic is a former sexual assault prosecutor and knows how to defend against these serious charges. Contact The Law Offices of Elaine E. Lukic at (888) 565-2217 or contact us online to arrange a confidential case evaluation.