Video: What Should You Do If You Are Falsely Accused of Rape?

Criminal defense attorney Letty Martinez on what to do if you are falsely accused of rape.

If you are falsely accused of rape, the number one thing to do is to stop talking. This means all forms of communication with the accuser. We’re talking about texting, emailing, phone calls, or communication through social media. Not only do you not want to communicate with your accuser, you don’t want to communicate with anyone at all.

You might ask, “Well, can’t I talk to my friends and my family about the allegations?”
That is also a problem because they can later be subpoenaed and be forced to testify about what you told them.

Many people think if you are innocent, there’s really no reason not to talk, or not to answer questions, but that is incorrect. Here’s just an example: If you’re asked about a very specific date or time, many of us can be mistaken about very specific times. If you make that mistake, then that statement can later be used against you to try and prove that you are not being honest. That’s just a small example of how talking can get you in trouble in these circumstances.

When it involves law enforcement, or other investigative agencies, it’s even more important not to talk. You might be told by an investigator that if you don’t cooperate, they’ll just get a warrant for your arrest. Or you might be told that they just want to get your side of the story to try to clear things up. The problem is, you’re likely to get arrested even if you do cooperate. The bottom line is that if the investigator even slightly believes your accuser more than they believe you, they’re going to get a warrant for your arrest.

Ideally, what you should do is to stop talking and get legal representation as soon as you can.

Want to learn more? Check out this related blog regarding being accused of rape.

Phone or Virtual Consultation
(817) 203-2220