What to Do When a Fraternity Is Falsely Accused of Assault

Fraternities are no stranger to controversy, and allegations of assault and sexual assault against fraternities across the U.S. have made headlines. However, not all accusations are true. If you are connected with a fraternity facing false accusations of assault, call a lawyer now.

When facing false accusations, fraternities should call a lawyer for help and avoid talking about the accusations with anyone, including law enforcement. If you are directly involved in the accusations, you have the right to remain silent. You should avoid communicating with the accuser or talking about the accusations with anyone. Your attorney can help you gather evidence and represent you during university or college disciplinary hearings to prevent your fraternity from being shut down.

Speak to our criminal defense attorneys for college students by calling The Law Office of Andrew Shubin at (814) 826-3586 and ask for a free, private case review.

What Should Fraternity Members Do if Falsely Accused of Assault?

Being accused of physical or sexual assault should never be disregarded, even if you know the accusations are bogus. The best thing a fraternity can do is keep quiet and get a lawyer.

Call a Lawyer

Once a fraternity is aware of assault allegations, it should get a lawyer immediately. Even if only one member of a fraternity is accused, the entire organization may face legal liability. Get a lawyer and brief all members of the fraternity about what is happening and how to conduct themselves moving forward.

Remain Silent

Fraternity members should not talk about the assault accusations with anyone outside the fraternity or the legal team representing the fraternity. It can be tempting to try to set the record straight, but this is a bad idea.

You should especially avoid answering questions from law enforcement about the alleged assault. Remember, anything you say can and will be used against you, and you have the right to remain silent.

How to Prevent Your Fraternity from Being Shut Down After False Accusations of Assault

After someone makes physical or sexual or sexual assault allegations against fraternity members, the university or college may take disciplinary action. There may be institutional hearings to determine what kind of action, if any, should be taken, and your fraternity should have a lawyer to represent it during these hearings.

Campus hearings may lack the fact-finding capability of a court, and they are often not as fair as they claim to be. Many schools are eager to shut down accused fraternities just to avoid bad press. An attorney should help your fraternity get a fair campus hearing.

How to Build a Defense if a Fraternity is Falsely Accused of Assault

Anyone faced with sexual or physical assault accusations, or allegations of any kind, has a right to mount a defense.

Preserve Digital Evidence

Young people today frequently communicate over text, email, and social media platforms. If anyone in the fraternity has communicated with the accuser, these communications should be preserved and provided to the fraternity’s lawyer. Any communications directly related to the events surrounding the accusations may be incredibly important.

Save Security Camera Footage

Were there security cameras in the area where the alleged assault happened? If it supposedly happened somewhere on campus, the university’s security cameras may have recorded the incident. If the allegations are false, the video footage may show that nothing happened, which can help the fraternity’s defense.

If the assault is alleged to have happened in a fraternity house, the fraternity organization may have its own cameras monitoring common areas.

Identify Witnesses

We must identify witnesses who can testify in the fraternity’s defense. Who is directly involved in the accusations? Can others account for their whereabouts during the time of the supposed assault? Is there anyone who knows of a reason for the accuser to lie? Our criminal defense attorneys for college students may need to talk to many people close to the case to identify those with valuable testimony.

Establish a Timeline of Events

It is also smart to establish a timeline of events surrounding the alleged assault. Even if you are only making notes from memory, it is a great place to begin your defense.

What were fraternity members doing the day of the alleged assault? Try to get everyone involved in the case to account for everything they did, and everywhere they went the day of the alleged assault. It may quickly become clear that the assault could not have happened the way the accuser claims.

What Should a Fraternity Avoid Doing if Falsely Accused of Assault?

Knowing what to do to protect yourself and the fraternity organization is important, but you should also take note of what to avoid doing.

Do Not Talk About the Alleged Assault

Do not speak about the alleged assault or the accusations with anyone other than the attorney representing the fraternity. Do not attempt to clear the air or tell your side of the story. There is a good chance that your words will be twisted and used against you.

Avoid the Accuser

Avoid the accuser at all costs. Do not speak to them. Do not send them any messages via text, email, or social media. Do not have someone give them a message for you. Do not even be in the same room with them if you can help it.

Anything you say to the accused can be used as ammunition against you and the fraternity. Avoid them at all costs and let your attorney handle all communications.

Do Not Retaliate

False physical or sexual assault accusations can upend a college student’s life and jeopardize their future, and it is understandable to become angry. However, you should never do anything that could be perceived as retaliation against the accuser. Doing so will only dig you into a deeper hole.

How Can You Prove Assault Allegations Are False?

Proving that physical or sexual assault accusations are false may require evidence that the accuser is being dishonest. Security camera footage from the place where the assault supposedly occurred can be a big help. Witness testimony can also be powerful, especially when multiple witnesses contradict the accuser’s story.

What Are Common Scenarios Involving False Assault Accusations Against Fraternities?

False accusations of sexual or physical assault against fraternities often revolve around parties and alcohol. Many supposed victims claim that they were assaulted during or shortly after a party at a fraternity house. Other cases stem from romantic relationships gone wrong, and one person may accuse the other, who is a fraternity member, of assault.

Still, some false allegations come from former fraternity members who falsely claim they were assaulted during illegal hazing events.

Will the Police Investigate Accusations of Assault Against a Fraternity?

If the accuser filed a criminal complaint, the police may investigate. If they did not, the police might not be involved, but the university may suspend the fraternity and launch an internal investigation.

Speak to Our Criminal Defense Attorneys for College Students for Help Right Away

Speak to our criminal defense attorneys for college students by calling The Law Office of Andrew Shubin at (814) 826-3586 and ask for a free, private case review.