As we've emphasized in our previous post, My Attorney Has No Real Plan For Winning My Case. What Should I do?, the accused in a sex crime prosecution cannot prevail without a winning strategy or case theory. This requires a convincing explanation of why an accuser would make a false allegation. In other words, the accused must explain the accuser’s motivation to lie. Few attorneys understand this, let alone know how to develop the required supporting evidence.
DEVELOPING AN INVESTIGATION PLAN
A full and effective investigation is a team effort between the client, attorney and highly proficient investigators.
Most false accusations are grounded in unrelated conflicts between the accused and the accuser and/or “influencers” (those influencing the accuser to make the false allegation – most often a family member). Examples include:
- A custody battle with the accused’s former partner. Commonly, the former partner repeatedly slanders the accused in the accuser's presence and may even falsely suggest that the accused has sexually abused the accuser.
- A child’s resentment arising from a feeling of abandonment after a split with the other parent.
- Resentment by a former boyfriend or girlfriend over the accused's new relationship.
- A Teenager's response to parental discipline (such as smartphone confiscation). This may also involve an attempt to cover up a teenager’s sexual conduct or even pregnancy.
- Paranoia or other mental illness.
There are infinite motivations for an accuser to lie. To develop the evidence of this motivation, your legal team must often combine disparate and seemingly unrelated information from a variety of sources, Including:
- The Client’s recollections and documentation.
- Discovery from the Prosecution.
- Evidence uncovered by your team’s investigation.
This evidence may consist of audio/visual recordings, documents, emails, texts, photos, transcripts, or social media.
Examples of information that can be developed from a thorough investigation may include evidence of:
- Resentment toward the accused because of conflicts unrelated to the accusation.
- The accuser has been influenced to make the accusation. by a third party (friend, parent or other relative)
- The accuser has a substance abuse problem.
- The accuser has a mental illness.
- The accuser made previous false accusations.
- The accuser made statements contradicting or inconsistent with the accusation.
KINDS OF INVESTIGATIONS
Social Media
The legal team should include an experienced social media investigator. The investigator digs into the accuser’s (and influencer’s) accounts on FaceBook, X (Twitter), Instagram, TikTok, Snapchat, Pinterest and other social media platforms. The investigator can access, examine and analyze relevant posts. In some cases, even deleted information can be recovered.
The investigator saves all social media evidence in a report which can become the basis for presentation in a dismissal motion, at trial or, if necessary, as part of plea negotiations.
Interview of Witnesses
Your legal team should include an experienced investigator who will conduct interviews with individuals who may have knowledge of the accuser’s motivation. This includes friends, family members, neighbors or anyone who has had past conflicts or even legal battles with the accuser or the accuser’s influencers.
Court Records
Many sexual misconduct accusations originate in custody and divorce proceedings. Accessing these court files may reveal affidavits, transcripts and other filings reflecting statements by the accuser and/or the accuser’s influencers demonstrating animus against the accused and the true motivation for the accusation.
School Records
Similar evidence may be revealed in the accuser’s school records. Court permission is needed to access educational records, which usually requires the accused’s legal team to specify what is being sought closely.
Medical records
Legal process can also be used to obtain medical records under certain circumstances. For example, to show a lack of expected injury from an alleged assault.
Juvenile Records
If the accuser has a juvenile record, there is a legal process for obtaining relevant parts. Again, specificity of what is sought is required.
CONCLUSION
A full investigation is imperative at every step of preparing your defense, even if (perhaps especially if) no charges have yet been filed. Indeed, the investigation can be presented to law enforcement and/or prosecutors to demonstrate that the case will not result in a conviction and, therefore, should not be pursued. Once filed, such cases are seldom dismissed, so it may be imperative to present the findings of a defense investigation as soon as possible.
Most attorneys do not understand the need to develop evidence of the accuser’s motivation to falsify a sexual abuse claim and the evidence for it through a full investigation. This is why so many attorneys pressure their clients to take early plea deals, which are rarely in a client’s interest. Such attorneys are often referred to as “dump trucks.”
The Innocence Legal Team is different. We prepare every case for trial, including a full investigation to develop compelling evidence of a false allegation. Please use the link below so that we can begin helping you as soon as possible.