How to defend yourself against false accusations? 5 Ways

There are five proven things you can do to help defend yourself against false accusations. These are:

1. seek the help of a criminal defense attorney,
2. conduct a pre-file investigation,
3. gather evidence to support your side of the story,
4. obtain evidence to impeach the accuser, and
5. take a private polygraph test.

There are also three important things that you should not do if facing false allegations of a crime. These are to not:

1. destroy evidence that is not in your favor,
2. contact the accuser, or
3. talk to a police officer or a prosecutor without an attorney.

The above guidelines apply regardless of the state or jurisdiction in which a person is falsely accused in. They also apply no matter if you are being falsely accused of committing a misdemeanor or a felony offense.

Some common criminal charges that prosecutors often file based upon false statements or false claims include:

• rape,
• sexual assault,
• domestic violence,
• child abuse, and
• sexual harassment.

1. What are some common ways to challenge false accusations?

Criminal defense lawyers often advise people to use one of the following defense strategies to challenge false reports of a crime. These are to:

1. contact an attorney: An experienced criminal defense attorney will provide legal advice on how to best protect your legal rights and interests. Note that most lawyers provide clients with free consultations and any of your communications are protected by the attorney-client relationship.
2. ask about a pre-file investigation: A “pre-file investigation” is when a criminal defense law firm investigates allegations of a crime, and does so before criminal charges get filed. If the investigation uncovers evidence that is favorable to the accused, then the law office can try to convince a prosecutor not to file criminal charges or file charges of a lesser crime.
3. gather evidence that shows innocence: An accused person should try and find any evidence that casts reasonable doubt on the false allegations. Evidence may include witness statements, receipts, video surveillance, photos, clothing, and other tangible objects.
4. find evidence to impeach the accuser: To “impeach an accuser” means to find evidence that undermine the accuser’s credibility. A judge or jury is less likely to believe an accuser if the person is not trustworthy.
5. take a private polygraph test: If you pass the polygraph test, your attorney can try and use the results to convince a prosecutor to drop any charges in a criminal case. Note that the results of private polygraph test remain confidential unless the defendant chooses to share them. Therefore, if you fail a test, the authorities never have to know.

2. Are there things you should not do if falsely accused?

Yes. It is generally not a good idea to do any of the following:

1. destroy evidence: Most states say it is a crime for people to destroy evidence in a criminal case.¹ This means even if you successfully challenge a false allegation, you could still be charged with a crime.
2. contact the accuser: Confrontations with an accuser could lead to additional allegations or even criminal charges. You should avoid speaking with or coming into contact with the person making false reports (this includes via text messages, phone calls, social media, and emails).
3. speak with law enforcement or a prosecutor without an attorney present: You should never talk to the police, or any personnel involved in a police investigation without a lawyer present. You may inadvertently volunteer incriminating information or the police may later misuse your statements.

3. Why do people make false claims of a crime?

People can make false allegations of a crime for a variety of reasons. For example, an accuser may falsely blame someone out of:

• jealously,
• revenge, or
• anger.²

People may also make false accusations in a domestic violence case to try and gain leverage in a child custody battle.

4. Can you sue an accuser over a false accusation?

In some cases, yes. Depending on the facts of your case, and the laws of your state, you may be able to file a civil lawsuit against an accuser if the person’s allegations were false.

These suits are usually based on malicious prosecution laws or a state’s defamation laws.

If a victim of false accusations is successful in bringing a civil action, they might be able to recover both economic and non-economic damages.

Economic damages could include compensation for:

• attorney fees,
• lost wages due to time spent in trial or incarceration,
• costs of litigation,
• medical or psychological therapy costs, and
• court fees and expenses.

Non-economic damages could include compensation for:

• pain and suffering,
• loss of reputation,
• embarrassment, and
• emotional distress.

The specific type(s) of damages a plaintiff may be awarded will most likely depend on the facts and circumstances of a given case.