Has someone falsely accused you of sexual assault in Milwaukee? Facing such an accusation can turn your world upside down. Not only do you have to deal with the stress and embarrassment that come with the claim, but your reputation, career, and personal relationships might also suffer. If you’re in this tough spot, you might wonder if you can sue the person who falsely accused you. Here’s what you need to know about suing for false sexual assault allegations in Milwaukee, Wisconsin.Â
Why Do Some People Make False Sexual Assault Allegations?
False accusations of sexual assault are rare, but when they do occur. The percentage of false sexual assault accusations is around 2%- 8%. They can have devastating effects on the accused person’s life. The motives behind these false allegations of rape vary widely from one situation to another. Here are some examples of possible reasons behind false sexual assault allegations:
- Revenge or Anger: Sometimes, a person might make a false accusation out of a desire for revenge. For example, if a relationship ends badly, someone might falsely accuse their ex-partner of sexual assault out of anger or a desire for revenge.
- Seeking Attention or Sympathy: In certain cases, individuals might fabricate a story about being sexually assaulted to gain attention or sympathy from others. Specifically, this need for attention can stem from various personal issues, including low self-esteem, loneliness, or a desire for validation. Claiming sexual assault can lead to support and attention from others, fulfilling the accuser’s emotional needs deceptively.
- Alibi or Cover-Up: Another reason for false allegations could be using them as an alibi or cover-up for unflattering behavior, such as explaining infidelity or justifying their presence in a certain location. As a result, false accusations serve as a tool to divert attention away from their actions and avoid accountability.
- Confusion or Misidentification: Sometimes, false accusations occur not out of malice but because of genuine confusion or misidentification. An individual who was assaulted or believes they were assaulted might identify the wrong person as a perpetrator. This can occur in unclear situations, such as those involving alcohol or drugs, leading to sincere but incorrect accusations.
- Manipulation or Coercion: In some cases, family, friends, or authorities, with their own motives, might manipulate or coerce an individual into making a false accusation. The accusers may feel trapped and pressured to conform to the narrative imposed on them.
What Are My Legal Options If Someone Falsely Accuses Me of Sexual Assault?
Can you sue someone for sexual assault? The legal system provides several possible avenues to address false sexual assault allegations. Depending on the circumstances, you could sue the person who made the false accusation for:Â
Libel
Libel involves making false and damaging statements about someone in written form, such as through social media posts, emails, or news articles. If someone writes that you committed sexual assault when you did not, you could sue them for libel. Therefore, in your lawsuit, you must prove that the written statements were false, shared with others, and caused harm to your reputation. So, winning a libel case could compensate for your damaged reputation and financial losses resulting from the false accusation.Â
Slander
Slander is similar to libel, but it deals with verbal statements. If someone verbally accuses you of sexual assault in a public setting or among your peers, and their accusation is false, this is slander. Slander cases aim to recover compensation for the harm caused by spoken lies. To file a slander lawsuit, you must show that the person made the false accusation out loud to others and that it harmed your reputation. You must also show that it caused you to suffer harm, like a job loss or emotional distress.Â
Intentional Infliction of Emotional Distress
Intentional infliction of emotional distress (IIED) occurs when someone’s egregious and purposeful actions cause you severe emotional suffering. Being falsely accused of sexual assault can be deeply traumatizing. If, for example, the accuser made the claim to cause you distress or acted recklessly without regard for the impact, you might have a case for IIED. Therefore, to build your lawsuit, you would need to demonstrate that their conduct was extreme, intentional, or reckless and that it caused significant emotional distress.
Malicious Prosecution
Malicious prosecution involves a false accuser taking their claim to law enforcement, which leads to your arrest and prosecution without a valid basis. If this happens, you could potentially sue the accuser for malicious prosecution once the legal system clears you of the charges. This claim requires proving that the accuser acted with malice and had no reasonable grounds to believe you were guilty. Consequently, you can seek compensation for unwarranted legal processes, including legal fees and emotional distress.
How a Criminal Defense Lawyer Can Help You Deal with False Sexual Assault Allegations
Facing a false accusation of sexual assault can feel overwhelming and isolating, but you don’t have to face it alone. An experienced lawyer can provide support and take action to protect your rights and reputation. They can also help with compiling the burden of proof for false accusations. Here are some key ways a skilled attorney can assist you through this challenging time:
- Investigating the details of the accusation to uncover the truth
- Gathering evidence that supports your innocence
- Interviewing potential witnesses who can corroborate your side of the story
- Representing you in court if necessary
- Filing motions to dismiss baseless charges
- Negotiating with prosecutors to reduce or drop charges
- Preparing you for testimony and cross-examination
- Challenging the credibility of the accuser’s story
- Working with forensic experts to analyze evidence
- Seeking protective orders to prevent harassment
- Filing a lawsuit against the false accuser, if appropriateÂ
Contact a Milwaukee Defense Attorney Now
Don’t let a false accusation overshadow your future. At Hart Powell, S.C., we stand ready to fight for your rights and help you reclaim your peace of mind. With years of experience, our team offers a listening ear, clear answers, and strong legal defense strategies tailored to your situation. Call us now at (414) 271-9595 or contact us online for a confidential consultation with a Milwaukee criminal defense attorney, and let’s take the first step toward putting this behind you.