Defending Against False Accusations: Legal Rights and Protections

The article Defending Against False Accusations: Legal Rights and Protections is written by Edward Kline-Marantelli, Associate, Doogue + George Defence Lawyers.

Edward is one of our Associates based at our Broadmeadows and Melbourne offices. He was previously a Judge’s Associate at the Supreme Court of Victoria and started his career as a solicitor advocate in the Magistrates’ and County Courts with a focus in criminal and commercial litigation.
 

It is critical to understand your legal rights if you are facing an accusation of sexual offending such as whether to give a “no-comment” record of interview, the importance of acting early, and how a properly managed defence can protect your reputation and your future.

What to Do if You’ve Been Falsely Accused

False allegations can arise in a range of situations—relationship breakdowns, custody disputes, workplace complaints or misunderstandings. Regardless of the context, here are a few of the most important considerations:

1. Do Not Contact the Complainant
   As tempting as it might be to try to “clear the air” or challenge them on the complaint that has been made, contacting the person who made the accusation—directly or indirectly—can make your situation significantly worse, and could be used as evidence in an eventual trial. Contacting the complainant could also lead to further charges against you, like stalking, or interfering with a prosecution witness, or in very serious instances a charge of attempting to pervert the course of justice.
2. Do Not Give a Statement Without Legal Advice
   If you are contacted by police, do not attend an interview or make a statement until you’ve spoken to a defence lawyer. You have the right to silence, and what you say—even informally—can be used against you later. There are some situations where giving responses in the interview might help establish your defence for a trial, or prevent charges proceeding, however, this decision should only ever be made in consultation with your lawyer.
3. Preserve Evidence
   Often, complainants might only provide police with a snippet of the communications between the two of you. It is therefore important that you gather and securely store any relevant communication (texts, emails, social media messages) that may support your version of events. This material can become critical in building a defence.

Why Early Legal Advice Is Crucial

We cannot overstate how important it is to speak with a defence lawyer experienced in sex offences as early as possible. An experienced lawyer will:

• Discuss the allegations with you.
• Advise you on how to respond to police inquiries and whether to provide answers in the record of interview with police.
• Advise you about some of the regular pitfalls that accused people often fall into in the early stages of a case.
• Deal with police on your behalf.
• Identify evidence that supports your defence and ensure that it is collected and preserved.
• Ensure your rights are protected from the outset.

In some cases, early intervention by a lawyer can result in the matter not progressing to charges at all. The best trial is the one that doesn’t have to proceed.

Common Legal Strategies in False Allegation Cases

Each case depends on its facts, but some common defence strategies include:

• Challenging Credibility and Reliability
  It is crucial for your lawyers to examine inconsistencies in the complainant’s account, timing of the complaint, or motive for making a false allegation. Where there are no eyewitnesses, issues relating to reliability and credibility take on a greater role in the trial. Every opportunity to challenge the complaint on this basis is taken.
• Using Electronic Communication or Digital Records
  Texts, emails, call logs or GPS data can often contradict a complainant’s version of events or demonstrate prior consensual interactions. This information needs to be carefully extracted from your device, a process which we are expert in.
• Alibi Defence
  Where applicable, showing that you were somewhere else at the time of the alleged offence can lead to early withdrawal of charges.
• Cross-Examination in Committal Hearings
  In some cases, we can seek to cross-examine witnesses during a committal hearing to test their version of events before a matter proceeds to trial. This allows us to bring the weakness of the case to the prosecution’s attention in a courtroom environment, which often leads to them narrowing their allegations, or abandoning them altogether.