San Jose Criminal Law Office

Question: How can I avoid being falsely accused of a sexual offense?

Answer: Because sex offenses happen most often in relative privacy, any man or teenage boy is a potential target of false sexual allegations. Since you don't see this as a possible scenario, it is difficult to guard against false allegations. If a man does not know a woman very well, and engages in sexual behavior, he runs the risk that the woman may have unresolved issues or simply feel the next day like she was "forced" into sex or even simply touched inappropriately. Obviously, the surest way to avoid false allegations is common sense--to know your partners well. Of course, many men and women engage in casual sex occasionally. The results can clearly be dangerous to both sexes. The "pickups" that are most easily reported as false allegations often involve partners that have had too much alcohol or are under the influence. Someone is more likely to be a target if both parties are out alone, or in a strange area where there are no witnesses to a person's conduct. This is really common sense as opposed to legal advice.

It is also important to keep track of your surroundings if you are with a casual date or new acquaintance that you do not know well. If you are in a bar setting, you may have friends or acquaintances present that could be your witnesses later if a false allegation is leveled. You may know the bartender or waitstaff. Possibly the staff may be familiar with your potential partner. Did she come to the party or restaurant with friends? Try to remember details. Be aware of your own potential alibi. If you go out right after work, you may have a signout log or co-workers who can attest to your whereabouts if you are accused of misconduct before the time you meet a potential date. When you return home, a roommate may be able to remember when you came in. If you go out with a "new friend", be aware that many places such as convenience stores, fast food restaurants, parking lots and gas stations have cameras. You may need to obtain a copy of a store videotape later, if you are accused of sexual misconduct at a time you are actually purchasing gas, or groceries from a quickie-mart. If you purchase something to eat or drink, save your credit card receipts or even cash register receipts.

The problem, of course, is that it is difficult to live your social life as though you are in a spy movie. Also, no one can account for all of his time if you are in a private setting. However, if false allegations are made against you or someone you know, it is easier to reconstruct your time if you can document where you were at what time, and who you met at which point in time.

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