7 Sexual Assault Myths Debunked: Protecting Your Rights

If you've been accused of a sex crime, you may feel frightened and uncertain about your future. The stigma surrounding these allegations can be isolating, and the legal process can seem daunting. It is awful to learn that an accusation alone–even one unsupported by evidence–can badly damage your reputation, friendships, occupation, and liberty. But it's important to remember that an accusation isn’t a conviction and that you have rights that you can exercise.

One of the biggest challenges you might face is the prevalence of misconceptions surrounding sex crimes. These myths can influence public opinion, impact the actions of law enforcement and prosecutors, and even affect the outcome of a trial. By understanding and dispelling them, you can better navigate the legal system and mount a strong defense.

Myth 1: If You've Been Accused, You Must Be Guilty

One of the most damaging myths about sex crimes is the idea that an accusation equals guilt. This notion can lead to a rush to judgment, with the public, media, and even some in the legal system assuming that the accused must have done something wrong. They ask themselves why someone would fabricate such awful allegations.

The truth is that there are many reasons people make false sexual assault allegations. The number of false or exaggerated allegations is surprisingly high–we have many such cases in our practice. One of the first things we will try to figure out is why your accuser might be lying.

And it's essential to remember that the cornerstone of our criminal justice system is the presumption of innocence. The burden of proof lies with the prosecution, and they must demonstrate your guilt beyond a reasonable doubt. Being accused of a crime doesn’t strip you of your rights or automatically make you guilty. But juries don’t always start with a presumption of innocence in sex cases, and one of our primary tasks is to remind them why they must.

Myth 2: You Don't Need a Lawyer If You're Innocent

Some people believe that if they’re innocent of the accusations against them, they don't need a lawyer. They may think that the truth will come out on its own and that hiring an attorney could make them look like they’ve done something wrong. This is an understandable but terribly incorrect idea. Innocent people do get charged and even convicted, and sometimes it is because they failed to consult an attorney as promptly as they should have.

Regardless of guilt or innocence, the criminal justice system can be complex, even overwhelming. A skilled defense attorney can protect your rights, investigate the allegations against you, challenge the prosecution's evidence, and build a strong case on your behalf. Don't make the mistake of facing these serious charges without experienced legal representation.

Myth 3: Polygraph Tests Can Prove Your Innocence

Law enforcement may ask you to take a polygraph, or "lie detector," test to gauge your honesty when responding to questions about the offense. You should never do this. Polygraphs administered by law enforcement are often just another way to elicit a damaging statement from you. If you want to take a polygraph, contact an attorney and set it up through them. That way you’re under no obligation to turn a poor result over to law enforcement. We generally use passed polygraphs with prosecutors to discourage them from filing; not with law enforcement.

Polygraph results generally aren’t admissible in court. Moreover, these tests aren’t foolproof and can produce false positives, indicating deception even when the subject is telling the truth.

While you may believe that agreeing to a polygraph will demonstrate your innocence and quickly resolve the case, submitting to a test without consulting a lawyer is a poor decision. The police may use an inconclusive or "failed" polygraph to pressure you into making incriminating statements or influence the prosecution's decision to file charges.

Myth 4: A Lack of Physical Evidence Guarantees Acquittal

In cases involving allegations of sexual assault or abuse, people often assume that a lack of DNA evidence or visible injuries means that the charges will be dropped or that an acquittal at trial is guaranteed. This isn’t always the case. There are two types of evidence–physical and testimonial.

Prosecutors often rely heavily on the testimony of the accuser, particularly in cases involving children. Prosecutors will specifically prepare a jury for the absence of physical evidence in a case. An absence of physical evidence doesn’t mean that the case will be dismissed. Your defense lawyer must be prepared to challenge the credibility of the accuser's statements and raise doubts about their reasons for making them.

Myth 5: All Attorneys Are the Same

When facing criminal charges, you may be tempted to rely on a public defender to save money on legal fees. While public defenders are often skilled and dedicated professionals, there are compelling reasons to consider hiring a private attorney if you have the means to do so.

Private defense lawyers have more control over their caseloads, allowing them to devote more time and resources to your case. They should have the ability to spend much more time answering your questions and developing the strongest defense for your case. They should also have access to a network of expert witnesses, investigators, and support staff who can strengthen your defense.

When your future is on the line, investing in experienced, focused legal representation can make a significant difference.

Myth 6: An Accusation Means Your Life Is Over

Facing sex crime allegations is nothing less than a nightmare for most people. You surely feel like your life has been derailed and will never recover. That’s not true.  An accusation, no matter how serious, doesn’t have to define the rest of your life. And even if you have done something that you regret, you should never feel like your life is effectively over. At Marshall & Saunders, we believe strongly that no person is defined only by what they are accused of. We are all complicated and flawed people, and part of our strategy is to demonstrate that to prosecutors and juries.

By working with a skilled defense team, you can fight to clear your name and protect your future. Even if the case doesn’t work out entirely in your favor, an experienced attorney can help mitigate the consequences and work toward a more positive outcome. We have helped hundreds of clients get through this process, and we’re ready to do the same for you.

Myth 7: The Legal Process Is Hopelessly Stacked Against the Accused

The criminal justice system can seem intimidating and biased against defendants, particularly in cases involving such serious and emotionally charged claims. It often is, to be frank. Even so, you have constitutional rights and protections that your defense lawyer can assert on your behalf. And the State has to convince every person on the jury of your guilt beyond a reasonable burden–that’s a high burden.

From challenging unlawfully obtained evidence to exposing flaws in the prosecution's case, a knowledgeable attorney can level the playing field and ensure that you receive a fair trial. Don't assume that a conviction is inevitable — there are many opportunities to mount a successful defense. We have won cases that seemed hopeless before.

Support Resources for Those Accused of Sex Crimes

While it's crucial to seek reliable legal counsel if you’ve been accused of a sex-related offense, additional support and information can also be highly valuable. Here are some organizations that provide resources for individuals facing such accusations:

• Center for Prosecutor Integrity: Works to preserve the presumption of innocence and offers information on prosecutorial misconduct and wrongful convictions.
• Innocence Project: Works to exonerate the wrongly convicted, curating information on DNA testing and criminal justice system reforms.
• American Psychological Association (APA): Offers resources and information on mental health, including finding a qualified psychologist who can guide you through this challenging time.
• National Institute of Justice (NIJ): The NIJ conducts research on criminal justice topics. They have published reports and studies on the effectiveness of sex offender treatment programs, including the limitations and potential benefits.
• Our case studies: See how we've helped clients facing false accusations find justice, rebuild their lives, and reclaim their peace of mind.

As helpful as these resources can be, they aren’t a substitute for legal advice. Consult a qualified attorney regarding your situation to ensure that you get the robust defense you need.