What Should You Do If Falsely Accused of Sexual Assault?
Students who are falsely accused of sexual assault may still face serious consequences if they do not seek legal representation.
Recent studies about the number of women who have been sexually assaulted during their freshman year of college have brought attention to the behaviors on college campuses across the country. However, according to Newsweek, the federal government’s push to prevent rape has created a backlash from young men who have been charged with sexual assault, despite their claim that the sexual contact was welcome.
Students who find themselves in this position face very serious consequences, even if they are never found guilty. When a person is innocent, self-representation may seem to make sense. However, universities across the country like Orlando’s own UCF, have been taking action against students without conducting a proper investigation into the charges, a fact that makes hiring a sexual assault attorney imperative.
Closing Loopholes in College Rape Allegations
The Morning Call explains that the Clery Act is legislation that allows students who have been victims ofsexual assault to report the alleged incident to a member of faculty, such as a dean, rather than going to law enforcement. While in some cases this may help some to come forward more easily, it also opens the door to accusations that are never verified.
Recently, many universities have responded to these claims with expulsions rather than following legal procedures. This can put male students at a distinct disadvantage since they have no forum in which they can appear and present arguments in their defense. In some cases, universities have often made such decisions without even conducting a full investigation into the facts. Students who seek legal counsel from an attorney may be able to address such loopholes and force the matter into a criminal court where they can receive due process.
Holding The Harasser Responsible
Not every person who is accused of sexual assault is expelled, but sometimes the results can be just as devastating. One young man was found not guilty in a university investigation, but the accuser in his case made national news by protesting the verdict and creating a project for her degree that centered around the alleged rape. Rather than leaving the university, the male student decided to complete his education because he was a foreign student. He claims that the female student’s harassment and lack of support from the university in stopping the harassment have caused him significant mental distress and affected the quality of his education. Now, he is struggling to even find steady employment.
Since the lack of evidence makes it a he-said/she-said situation, he is not attempting to take the young woman to court. However, his attorney states that he is suing the university for its role in the fallout from the situation in an attempt to receive some reparation for the harm that has been done.
Fighting For Your Rights After a False Sexual Assault Accusation
When there is no proof of guilt, the law states that a person should not have to suffer the consequences of the crime. Cornell University Law School’s Legal Information Institute explains that the 14 thAmendment to the U.S. Constitution provides every citizen with the right to fair treatment through the legal process.
The moment that you discover allegations of sexual misconduct have been made against you, even if it’s second hand information from a friend, you need to reach out to a lawyer for guidance on what you should do next. Hiring a sex crimes defense lawyer to ensure justice may not undo all the harm that can be caused by something like this, but it will provide you with the aggressive legal representation and powerful defense that will be crucial to clearing your name and removing the stigma associated with an allegation of sexual battery.