Fighting For Important Causes In State And Federal Courts
Fraudulent or false sexual assault allegations can turn the life of an innocent person into a terrifying nightmare. When false accusations are leveled against you or someone you love, there will be inevitable pain and heartbreak. It’s a form of callous bullying when someone makes false sexual assault accusations, and you probably feel compelled to defend yourself but may not know where to start.
The psychological devastation can be ruinous. It can be hard to fight back and establish the real story; you may be facing distrust as you try to clear your name. It can be expensive and especially difficult to find yourself under scrutiny. The sense of helplessness can be overwhelming. With the right representation, you can take control and swiftly defend yourself.
If you or someone you know is accused of sexual assault fraudulently, call the offices of attorney Andrew Shubin to determine what causes of action or lawsuits are available. We have an established practice in Pennsylvania dedicated to handling these delicate situations. You don’t have to face the pain of being falsely accused without the very best team behind you. To schedule a consultation, call (814) 826-3586.
Laws Against False Sexual Assault Allegations
There are laws designed to protect people against false accusations of sexual assault. Tort laws provide remedies for statements or publications that injure reputation. There is no requirement that the allegations must be reported to the police or any particular person, as long as there is tangible information that a false accusation was made verbally or in writing. It can be statements made in a chat room or an internet board.
There are circumstances when lying about something as delicate as a sexual crime can be considered so extreme that it causes severe emotional and psychological distress. Pennsylvania law has specific definitions of extreme and outrageous conduct that a lawyer can explain. In Pennsylvania, the false report must be made with the intent or desire to cause harm; then, there is a possible lawsuit for intentional infliction of emotional distress.
When the false accusation was made from confusion or was an honest mistake, a cause of action for negligent infliction of emotional distress is viable. An experienced defamation attorney can help you understand this lawsuit. For example, someone might make a fraudulent or false sexual assault accusation based on hearsay or overheard information without knowing that it is fraudulent.
A qualified attorney can best explain the details of what constitutes a lawsuit. There may be time limits applicable to these cases. Also, the loss of critical information is a risk if you wait too long to talk to an attorney.
Types of Fraudulent or False Sexual Assault Allegations
Fraudulent reports are usually baseless or unfounded. When we think of sexual assault, we may believe that a police report is necessary or that an investigation has to clear the allegations. However, this not always the case. The announcement can be made to a publication or in social media.
In the typical scenario, the accused faces an unpredictable set of circumstances. For example, if the accusations come through a public setting, such as text messages, social media, or local newspapers, people can form strong opinions and take retaliatory actions. While false accusations rarely make it far through judicial systems, the reputational damage and economic losses can be devastating. There is a potential loss of career opportunities, and the pain of being publicly accused of sexual assault can take an enormous toll on the lives of the falsely accused, as well as cause trauma for his or her family.
In a recent case involving the Rolling Stone magazine’s publication of “A Rape on Campus,” a reporter made severe accusations of rape against students in a college fraternity. The publication led to a police investigation, resulting in the determination that the allegations were false. The legal analysis of this case proved that the author of the publication made little to no efforts to confirm the accuser’s statements in spite of warnings that there were aspects of the accusations that were implausible. The fraternity and university administrators were able to receive significant compensation for their losses.
Multiple situations meet the criteria of “fraudulent” sexual assault allegations. From a legal perspective, an accusation is fraudulent when it’s deceitful or a form of misrepresentation. There are multiple ways that lawyers handle this. For example, it can be words that imply sexual assault without actually calling it “sexual assault.” Alternatively, the publication of a photo accompanied by words about an unwanted sexual encounter could qualify. Some of these situations include:
- A false report of forced sexual contact where there was no sexual conduct at all.
- A claim of forced contact where the actual encounter was consensual.
- An accusation against a particular person when the complainant knows that her assailant was someone else.
Call Our Attorneys for Fraudulent Sexual Assault Allegations
The team of lawyers working at the law firm of attorney Andrew Shubin understand how frustrating it can be to move forward after you or someone you love a face false accusation of sexual assault. We will fight for your rights at every step of the way. Call us at (814) 826-3586 to schedule a free and private consultation.