How a Tennessee Criminal Defense Lawyer Can Defend You Against False Allegations of Rape
Being falsely accused of rape can turn your life upside down. Even if the allegations are completely fabricated, just the accusation itself can destroy relationships, cost you your job, and ruin your reputation. That’s why it’s absolutely critical to have an experienced Tennessee criminal defense lawyer on your side if you’ve been wrongly accused of rape or sexual assault.
In this article, we’ll walk through some of the most effective strategies a top-notch defense attorney can use to fight false rape allegations in Tennessee. We’ll also discuss why it’s so important to hire a lawyer immediately if you’ve been falsely accused, as well as what to expect as your case progresses.
Act Quickly to Hire an Experienced Sex Crimes Defense Attorney
If you’ve been accused of rape, the first thing you need to do is hire a criminal defense lawyer who specializes in defending against sex crimes. Don’t try to handle the case yourself or use a general practice attorney. False rape accusations can quickly spiral out of control, so you need an expert lawyer who knows how to aggressively defend your rights from the very start.
“I’ve seen many cases where an innocent person’s life was completely ruined because they didn’t get an experienced sex crimes defense attorney on their side quickly enough,” says Nashville criminal defense lawyer Bernie McEvoy. “Once someone is accused of rape, time is of the essence in building a strong defense.”
So don’t take any chances – get an experienced sex crimes lawyer on your side immediately if you’ve been falsely accused. This gives your lawyer time to start investigating the allegations and building your defense strategy right away.
Your Attorney Will Vet the Accuser’s Background and Motives
One of the first things your defense lawyer will do is thoroughly investigate the background, motivations and credibility of your accuser. They’ll look for any evidence that the accuser has made false allegations in the past, or has motivation to fabricate allegations against you.
“We look closely at the accuser’s credibility and possible ulterior motives,” explains Knoxville criminal defense attorney Joshua Reed. “If we can show they’ve falsely accused others, have a grudge against you, or are fabricating the allegations for some other reason, it undermines their credibility.”
This background investigation of the accuser is critical, because often there is little or no physical evidence in false rape cases. So your lawyer will work aggressively to find any evidence that the accuser is lying or has motivation to lie.
Interview Witnesses to Challenge the Accuser’s Story
In addition to vetting the accuser themselves, your attorney will also interview any potential witnesses who may be able to contradict or poke holes in the accuser’s story.
“We interview friends, family members, co-workers – anyone who may have information that calls the accuser’s allegations into question,” says Bartlett, TN defense lawyer Jeffrey Jones. “Often witnesses can provide alibis or other evidence to show the accuser is lying.”
Skilled cross-examination of the accuser and other prosecution witnesses can also reveal inconsistencies and contradictions in the accuser’s story. Your attorney will aggressively question witnesses at trial or preliminary hearings to highlight any red flags in the accuser’s account.
Dig Deep into Phone, Medical, Financial Records
Experienced sex crimes defense lawyers have extensive experience obtaining and scouring cell phone records, medical records, employment records, and other documents to build a strong defense.
“We dig into phone records to show the accuser had consensual contact with our client before and after the alleged incident,” explains Nashville attorney John Morris. “We obtain medical records to show no physical injuries consistent with rape. We get financial records to expose potential financial motives behind false allegations.”
This kind of deep record digging helps establish reasonable doubt by undermining the accuser’s claims and highlighting exactly why the allegations are false.
A Strong Defense Requires Sex Crimes Expertise
Defending against false rape allegations requires highly specialized legal skills and knowledge. That’s why it’s so critical to have an attorney who focuses specifically on sex crimes defense.
“Sexual assault cases have unique legal issues and defense strategies,” says Murfreesboro attorney James Pate. “You need a lawyer well-versed in Tennessee sex crimes statutes, punishment ranges, sex offender registration laws, and evidentiary issues in ‘he said/she said’ cases.”
The right lawyer will know how to apply Tennessee laws like rape shield statutes to limit questioning about an accuser’s sexual history. They’ll also understand the psychology around false rape claims and how to build a convincing defense.
Your Lawyer Can Negotiate Dismissal or Reduced Charges
An experienced sex crimes defense lawyer may be able to negotiate with prosecutors to get false charges dismissed or reduced – avoiding the need for trial altogether.
“Once we’ve investigated the accuser’s background and developed a strong defense, we may approach prosecutors to negotiate dismissal of charges,” attorney Joshua Reed explains. “Even if charges aren’t dropped, we may be able to get them reduced to less serious offenses.”
Your lawyer’s familiarity with prosecutors and judges in your jurisdiction is invaluable in knowing when and how to approach the prosecution to get a favorable plea deal. This can save you from devastating sex offense convictions.
Take the Case to Trial If Necessary
If charges aren’t dismissed and a favorable plea deal can’t be negotiated, your lawyer will take the case to trial and mount an aggressive defense before a judge and jury.
“Our firm has successfully defended numerous rape trials over the past 25 years,” says veteran Nashville trial lawyer Bernie McEvoy. “We know how to effectively cross-examine witnesses, present expert testimony, and argue to a jury why the allegations are false.”
An experienced trial lawyer will highlight every inconsistency, contradiction, and credibility issue with the accuser’s allegations and witnesses. This establishes the all-important reasonable doubt with the judge or jury, leading to an acquittal.
Don’t Talk to Police Without Your Lawyer Present
If you’re questioned by police about rape allegations, politely decline to answer any questions without your lawyer present. Anything you say can potentially be used against you, so don’t take any chances.
“I always advise clients to not say anything to police until I’m there with them,” notes attorney Jeffrey Jones. “Anything you say in the