Our South Carolina criminal defense lawyers at David W. Martin Law Group know there are few things more devastating than being wrongfully accused of a sex crime, except, perhaps, being wrongfully accused of sexual conduct with a minor.
Being wrongfully accused of sexual conduct with a minor can have devastating long-term consequences that extend well beyond the initial accusation.
The individual may suffer severe emotional and psychological trauma, including anxiety, depression, and post-traumatic stress disorder, due to the stigma and social ostracism associated with such allegations.
Their personal and professional lives can be irreparably damaged, as they might lose their jobs, face financial instability, and struggle to rebuild their reputations. Social relationships, including those with family and friends, often deteriorate as trust erodes. Unfortunately, even if the accusation is proven false, the individual’s criminal record might still reflect the charges, leading to ongoing legal and societal repercussions.
While this scenario may be challenging to imagine, and rightfully so, it happens. Here, we discuss the most common reasons why it happens and what you should do immediately after the allegation.
Why Would Someone Wrongfully Accuse Another of Sexual Conduct with a Minor in South Carolina?
Wrongful accusations of Sexual Conduct with a Minor can arise from a variety of scenarios.
Some of the most common may include, but are not limited to:
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Custody Battles and Divorce Proceedings
Unfortunately, because our full-service law firm also has family law attorneys sharing space with criminal defense attorneys, we know that false accusations of sexual misconduct with minors are often, sadly, the result of high-conflict divorces.
During contentious divorce or custody battles, one parent may falsely accuse the other of sexual misconduct with a minor to gain an advantage in court. In some cases, a parent might manipulate a child into making false allegations against the other parent to alienate the child from them.
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False Memory or Suggestion
Children are highly impressionable and can develop false memories if an adult repeatedly suggests certain events occurred. Sometimes, during therapy, suggestive questioning techniques can lead a child to form false memories of abuse.
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Malicious Accusations
Malicious accusations can exist on several levels, including when an individual falsely accuses someone out of spite, jealousy, or desire for revenge. Others may occur when adolescents make false accusations against peers or adults as a form of bullying or to damage their reputation.
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Mistaken Identity
In some instances, a child or witness might mistakenly identify the wrong person as the perpetrator of sexual misconduct because that person resembles the perpetrator and might be wrongfully accused based on appearance.
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Psychological Issues
Individuals with certain mental health conditions might fabricate stories of abuse due to delusions or other psychological issues. Others might make false accusations to gain attention or sympathy from others.
What Should I Do If I Have Been Wrongfully Accused of Sexual Conduct with a Minor in South Carolina?
First, contact an experienced criminal defense attorney specializing in sexual misconduct cases immediately after the accusation. Our criminal defense attorney in South Carolina can guide you through the legal process, protect your rights, and help you build a robust defense strategy.
We will conduct a thorough investigation, including hiring private investigators, consulting forensic experts, analyzing the accuser’s background and credibility, demonstrating potential motives for false accusations, and presenting evidence of your innocence.
Next:
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Avoid Self-Incrimination
Do not speak to law enforcement or anyone else about the allegations without your attorney present. Anything you say can be used against you in court. Do not assume your innocence will set you free or use it as a reason to submit to an interview because “you have nothing to hide.”
Your statements to the police can be easily manipulated, quickly incriminating you.
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Gather Evidence and Witnesses
Gather evidence supporting your innocence, such as alibis, electronic communications, or any documentation that can refute the accusations. Compile a list of potential witnesses who can testify on your behalf, including those who can vouch for your character and provide alibi evidence.
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Protect Your Online Presence
Be cautious about your online presence. Avoid discussing the case on social media and ensure your accounts are private to prevent information from being misconstrued or used against you.
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Consider Counseling and Support
While our skilled South Carolina criminal defense attorney will help support you throughout your case, being wrongfully accused can be emotionally and mentally taxing. Consider seeking counseling or support groups to help cope with the stress and anxiety associated with the accusations.
Have You Been Wrongfully Accused of a Sex Crime in South Carolina?
Contact our David W. Martin Law Group sex crime criminal defense attorneys in South Carolina today by calling (803)-548-2468 or contact us online to ensure your rights are protected throughout the legal process so you can confidently move forward.