People in Nebraska who have been falsely accused of sexual assault or rape of a child, minor, high school student or college student know how unfair the criminal justice system can seem. Allegations alone can ruin hard-earned reputations, college aspirations and careers. Nebraskan’s falsely accused of sexual assault of a child or student are often presumed guilty by the public before trial begins. Long before the public trial, the media often paints the accused as a monster. Fortunately, in our judicial system any person charged with any crime, no matter how violent or revolting, is presumed innocent in the courtroom regardless of public opinion. The accused also has the right to effective advocacy and an attorney to fight for you.
What Should you do when Addressing False Accusations of Rape or Sex Assault?
There can be several underlying motives for false rape allegations. Instances include accusations made during contentious custody battles, break-ups or to seek revenge for past disagreements.
Regardless of the reason, facing false accusations is always a grave matter. If you ever find yourself in such a scenario, consider the following:
- Seek legal counsel immediately.
- Avoid any interaction with the accuser or their family.
- Discuss the case only with your lawyer.
- Refrain from mentioning the case on any social platforms.
- Preserve all possible evidence.
Documenting Your Case In the aftermath of a false allegation, maintaining a record of all related interactions is paramount. Any exchanged text messages, phone calls, emails, or social media engagements between you and the accuser should be documented for your defense attorney’s review.
Nebraska Penalties for Sexual Assault of a Minor or Student
In a first degree sexual assault case (in which sexual penetration must be proven), if the alleged victim is under 12 years old and the alleged perpetrator is over 19, the potential penalties are 20 years to life in prison with a mandatory minimum sentence of 15 years and lifetime sex offender registration. The same is true for a person over 25 when the alleged victim is between the ages of 12 and 16.
Anyone who has been previously convicted of sexual assault of a minor faces a mandatory minimum of 25 years in prison.
For allegations involve sexual touching but no penetration the case is often charged as third degree sexual assault of a minor. In these cases accused faces a penalty of up to four years in prison for a first offense.
Those convicted of child sexual assault not only face lengthy prison sentences but must also register as a sex offender with the Nebraska State Patrol. There are other civil disabilities associated with a felony conviction as well such as loss of right to possess a firearm and loss of the right to vote and hold public office.
Fighting False Allegations of Sex Assault or Rape
There are few worse labels than “child rapist.” Individuals falsely accused of sexual assault of a minor are often anxious to prove their innocence. Fortunately for the accused, he has no burden to prove his innocence. The burden is instead on the government to prove the case beyond a reasonable doubt.
The falsely accused has the ability to fight the false allegations by using investigators and investigative tools, expert witnesses, depositions, and a zealous criminal defense attorney.
While some cases are won with physical evidence such as copies of social media posts, photographs, text messages, DNA, and false written statements of the accused, other cases are won based on witness testimony which can include alibis, character evidences, conflicting witness statements, and expert witness testimony.
The criminal defense attorneys at Berry Law have fought false allegations in several types of cases including child sexual assault. Contact Berry Law to discuss your defense today.
