What should you do if you are falsely accused of sexual assault?
Do not talk to the police or contact the accuser, even to clear things up. Keep every message, photo, and record, and do not delete anything. Then speak with a criminal defense lawyer before you answer any questions, so your side is protected from the start.
- You can decline police questions and ask for a lawyer. Use that right.
- Do not contact the accuser. In Texas, a recorded call is usually admissible.
- Keep texts, messages, call logs, photos, and location data. Delete nothing and post nothing.
- A Texas sexual assault conviction can rest on the accuser's testimony alone, subject to a one-year outcry rule for most adult accusers.
- The State, not the accuser, decides whether a case goes forward.
Being accused of sexual assault is frightening. For an overview of these charges, see our page on Dallas sexual offense defense. Sexual assault is a serious crime, and people who report it deserve to be heard. People who are wrongly accused also have rights, and what you do in the first few days can shape everything that follows. This guide explains what to do if you believe an accusation is untrue.
Peter M. Barrett has been licensed in Texas since 1994, has tried more than 150 jury trials, and is a Past President of the Dallas Criminal Defense Lawyers Association (2005). The information below is general, and how it applies to you depends on your facts.
What to do in the first 48 hours
These steps apply whether or not police have contacted you yet.
- Do not talk to police without a lawyer. You can politely decline to answer questions and ask for a lawyer. Statements you meant as a denial can still be used in the case. Read more about your right to remain silent in Texas.
- Do not contact the accuser. That includes calls, texts, and messages sent through friends. A sincere attempt to talk things through can be presented as pressure or as an admission. If the accuser is a child and you are charged, Texas law requires the magistrate to order, as a bond condition, that you not communicate directly with the child.
- Beware of pretext calls. A pretext call is a call or message from the accuser, which may be recorded, meant to get you to talk about the incident. Texas allows a call to be recorded when one party consents, so a recorded pretext call is usually admissible. Do not discuss what happened. End the conversation and tell your lawyer.
- Preserve messages and records. Do not delete texts, social media messages, photos, call logs, or accounts. Save receipts, bank records, and location history for the dates involved.
- Do not post online. Do not post about the accusation or the accuser, and do not edit or delete old posts.
- Write a private timeline for your lawyer only. While your memory is fresh, write down dates, places, who was present, and what was said. Do not share it with anyone else.
If you have already been arrested, see arrested in Dallas: the first 48 hours.
Why an accusation can lead to charges without physical evidence
Many people assume a case cannot move forward without DNA, injuries, or an eyewitness. Texas law does not require them. Under Article 38.07 of the Code of Criminal Procedure, a conviction for sexual assault or aggravated sexual assault can rest on the accuser's uncorroborated testimony if the accuser told someone other than the defendant within one year after the alleged offense. That one-year requirement does not apply if, at the time, the accuser was 17 or younger, 65 or older, or an adult substantially unable to meet basic needs or protect themselves from harm.
In plain English, a jury can convict on one person's word if it believes that testimony. That is why credibility, consistency, and the surrounding record matter so much in these cases.
When the accuser is a child, a child's first account to an adult (the outcry witness) can be repeated in court if the State gives 14 days' notice, the judge finds it reliable at a hearing outside the jury's presence, and the child testifies or is available to testify. Evidence of other acts against the same child can also be admitted, with 30 days' notice.
How consent is defined in Texas
Sometimes the dispute is not about contact but about consent. Texas Penal Code Section 1.07 defines consent as "assent in fact, whether express or apparent," and the sexual assault statute, Section 22.011, uses that definition. In other words, consent can be shown through words or through conduct.
Section 22.011(b) lists 14 situations in which sexual contact is treated as without consent. They include situations where the accused:
- used physical force, violence, or coercion, or threatened force or violence;
- knew the other person was unconscious, physically unable to resist, or unaware the act was happening;
- knew the other person was intoxicated or impaired by any substance to the point of being unable to consent;
- knew a mental disease or defect left the other person unable to understand or resist the act; or
- exploited a position of trust named in the statute, such as a health care provider, clergy member, coach, tutor, or hired caregiver.
If the other person was under 17, consent does not work the same way, and the statute applies regardless of whether the accused knew the child's age. For a deeper look, see consent under Texas law.
How these cases are defended
No two cases are alike, and no lawyer can promise a result. A careful defense usually starts with the record.
- A detailed timeline. Dates, locations, and who was where, checked against phone records, receipts, and other records made at the time.
- The full digital record. Complete message threads, not selected screenshots, because what came before and after can change how a single message reads.
- Witnesses and motive. People who saw you before or after, and any reason for an untrue accusation, such as a custody fight, a breakup, or a money dispute. Motive alone is not proof.
- Forensic review. How any medical, DNA, or phone evidence was collected, tested, and interpreted, and whether it actually supports the accusation.
- Prior statements. Whether the accuser's account has stayed consistent over time.
What if the accuser recants?
An accuser who takes back the accusation does not, by that alone, end the case. In Texas, the State, not the accuser, decides whether a case proceeds.
Your lawyer can raise a recantation with the prosecutor. Never ask or pressure the accuser to change their account, and do not let anyone else do it.
What registration would mean if convicted
Under Chapter 62 of the Code of Criminal Procedure, sexual assault is a reportable offense, and a deferred adjudication counts toward registration just as a conviction does. When committed by a person 17 or older, sexual assault is classified as a sexually violent offense, and the duty to register generally lasts for life.
Registrants verify their information with local police yearly, within 30 days of their birthday, or every 90 days with two or more sexually violent convictions or deferred adjudications. See Texas sex offender registration.
Past results in sex offense trials
Client was accused of raping a young woman whom he met at a club. The jury trial resulted in a Not Guilty verdict.
The defendant was charged with seven counts involving three of his children. The jury trial lasted one week and resulted in a Not Guilty verdict.
Every case is different. Past results do not guarantee future outcomes.
Common questions
What should you do if you are wrongly accused of sexual assault?
Stop all contact with the accuser, decline police questions until you have a lawyer, and preserve every message and record without deleting anything. Do not post about it online. Write a private timeline for your lawyer, and speak with a criminal defense lawyer as early as possible.
Can you be charged for falsely accusing someone of sexual assault?
Whether a false report can be prosecuted depends on the facts, and that decision belongs to prosecutors, not to the person who was accused. If you are facing an accusation, your first focus should be your own defense. Talk with your lawyer before you take any step against the accuser.
Why do people falsely accuse others of sexual assault?
Not every accusation is false, and nothing on this page suggests otherwise. When an accusation is untrue, it can grow out of situations such as custody fights, breakups, or money disputes. A possible motive does not prove an accusation is false, so the defense has to connect it to real evidence.
What are the odds of winning a sexual assault case?
No one can honestly give you odds. The outcome depends on the evidence, the credibility of the witnesses, and the specific facts. The firm has obtained Not Guilty verdicts at jury trial in cases like the two above. Every case is different. Past results do not guarantee future outcomes.
How long after an alleged sexual assault can charges be filed in Texas?
For sexual assault based on lack of consent, the general limit is 10 years. There is no limit if collected biological evidence is untested or matches no readily identified person, if there is probable cause of the same or a similar offense against five or more victims, or if the complainant was a child under 17.
If you have been accused of sexual assault in Dallas, call Peter Barrett Criminal Defense at (214) 526-0555 or request a free, confidential case review.
This page is general legal information about Texas law, not legal advice about your case. Reading it does not create an attorney-client relationship. Laws change, so confirm the current rule with a licensed Texas criminal defense attorney about your specific facts. Request a free, confidential case review.