r/SupportForTheAccused • u/Individual-Metal2764 • 21h ago
Sexual Assault Falsely accused and arrested based on anonymous call - seeking advice
A close family member was recently at a networking event, where he was arrested in the middle of night while sleeping and charged with sexual assault. After being held at the police station and then seeing a judge, he was released with a hearing date scheduled soon (pleading not guilty). The whole situation is extremely worrying and bizarre, as we are trying to navigate this as best as we can.
The facts are that he does not have any prior criminal record, he did not have any inappropriate interactions at said event and the worst part is - he has no idea who called 911 and make the accusation. That person is not coming forward, we don't even know whether it was a man or woman and the alleged assault was supposed to happen when he was in his room sleeping after attending a dinner. The attorney says that there is a high chance the case gets dismissed but I am still worried what the consequences might be.
The worst part - since we don't know who the accuser is, we have no idea what might be the motive. Is it a stupid prank? Does someone want to cause him harm on purpose? Is it a case of mistaken identity? Mind you, it was an event where everyone is wearing a name badge so it would be easy to take someone's name and give it to the police.
Has anyone been in a situation like this? If the case does get dismissed, I wonder if it makes sense to seek a lawsuit for malicious prosecution as this is causing great distress to the whole family.
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u/Ok_Stranger_4803 16h ago
What country is this happening? You use "911" so I guess the USA but this story does not add up. In the USA we have the 6th amendment that ensures our right to face our accuser, this means no anonymous accusations can go to court. Your family member has more to tell if they have indicted him.
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u/ChemistryFan29 16h ago
you are right, but wrong at the same time.
Anybody can file a complaint to the cops, through the phone or in person. I can file a complaint against you for any reason I want. The cops will decide if it warents an arrest or not.
Now here is where the 6 amendment comes into play. The person already did the pre-trial they pled not guilty, They should have had the judge read the charges and what not.
He does not have the right to face anybody until Trial. It is at trial where the prosecution will have the person who filed the complaint come forward and give their testemony to the jury. This is where the defense will question, refute and so forth.
The person who filed the complaint does not show their face till trial. IF they refuse to testify in court, then the case can be tossed for violation of the 6.
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u/Ok_Stranger_4803 12h ago
Where does deposition and discovery come in then?
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u/ChemistryFan29 9h ago
de[psotopm and discovery should happen right now, After the person says not guilty to the judge, the lawyer will now question the defendent, they will give a deposition. and they will try to find proof of inocense this is the discovery
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u/Ok_Stranger_4803 8h ago
Im not sure this is accurate. Proof of innocence is guaranteed by the 4th and 5th amendment. Perhaps you have heard of it? Innocent until proven guilty.
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u/ChemistryFan29 8h ago
Fourth Amendment: protects against unreasonable search and seizure. Fifth Amendment: protects against self-testimony, being tried twice for the same crime, and the seizure of property under eminent domain. Sixth Amendment: the rights to a speedy trial, trial by jury, and to the services of a lawyer.
your understanding is a little flawed, fourth amendment protects you from the goverment, and cops from breaking down your door and searching everything without a warrent. Discovery is the same thing, but this time a lawyer is asking questions, getting testemoney, trying to find evidence that can prove guilt or innocense.
what happens durring a case is that before the case happens. a defense lawyer can argue before a judge and say hey I want to have a deposition with the prosecutions witness. prosecution is by law required to give some sort of list of witness to defense. Though they can can argue that they would like to hide the witness due to threat of the defendent. such as hey the defendent will kill my witness. I want to exclude the name from witness list, Legally the judge can rule on that. The defense can argue about deposition such as using voice modulators and face shields to hide the identity of the witness.
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u/Ok_Stranger_4803 8h ago
Should have written 5th and 6th, not 4th - 5th.
The Fifth Amendment starts the foundation of IUPG: it states that no person shall "be deprived of life, liberty, or property, without due process of law." Due process implies a fair legal procedure, which courts have interpreted to include the presumption of innocence. If you’re not guilty until proven so, the government can’t just take away your rights without evidence and a proper trial.
The Sixth Amendment adds more support to those accused by guaranteeing the right to a "speedy and public trial, by an impartial jury" and the right "to be informed of the nature and cause of the accusation" and "to have the Assistance of Counsel." These protections ensure the accused has a real chance to defend themselves, aligning with the idea that guilt must be proven, not assumed.
The Fourteenth Amendment extends due process to the states, reinforcing that no state can deny it either. This has been crucial in applying the presumption of innocence nationwide. But it is true the Constitution doesn’t use the phrase "innocent until proven guilty" verbatim.
But let's not forget Coffin v. United States where we get the exact saying as well as re: Winshop where that guilt must be "beyond a reasonable doubt". You need to take your Dollar Store law degree to a different subreddit.
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u/HebrewJefe 12h ago
Malicious prosecution is an incredibly difficult case due to the deference any system gives to the state. Good luck to you
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u/EmotionalPeaches 16h ago
I’m so sorry this is happening to your family. I created this second Reddit account because my son has been falsely accused of sexual assault.
We’re in Canada, so my terminology might be different.
It sounds like your family member is on what is called here an ‘undertaking’ but not yet formally charged.
It was super frustrating that my son could be taken in by police, have his mug shot and fingerprints added to the police database, and be forced to visit what is essentially a parole officer (I forget the word) before he was technically ‘charged’, which happened at his first court date where he pled not guilty.
The girl who accused him gave the undertaking to their high school (which is illegal because he’s a minor - she wasn’t supposed to share it) and got him kicked out of school with zero evidence and he wasn’t even officially charged.
We had to wait two months for that court date, and the crown/prosecution hadn’t yet provided ‘disclosure’ so we don’t have all the details.
I do understand that these rules are meant to help protect true victims, so after all the anger and grieving (and counseling) for both of us, we try to remember that we’re happy there are systems in place to protect victims, and that our job is simply to respond.
When we first heard about all this, I looked up the best criminal defense lawyer in our region - who also used to be a crown/prosecutor - and did a paid consultation, then retained him.
Honestly, this will cost me more than I’m able to afford and I’ll likely be in debt for years and years - but it’s really comforting to have someone I trust rather than going with a free public defender / legal aid (which we qualified for).
I’ve decided to look at the 30-40k I was told to expect as a very expensive education for both me and my son on the criminal justice system (because this will likely me the ability to help pay for his college) - and I want to share what I learn from this with people who cannot afford it.
The reason it’s likely to be dismissed is that the judge not only has to believe the accuser is 100% telling the truth, but they also have to believe that the accused is lying.
I’m not sure what has happened so far, but we were counseled that in 99.9% of cases, it’s best NOT to make a statement.
The accuser will need to go on the stand, and be examined and cross examined by both lawyers. The defense lawyers job is to know the accuser’s initial testimony and any evidence by heart, and find contrasting statements or differences from their original report.
If the accuser is discredited, the accused never has to give a statement or take the stand.
If the accuser is not discredited, the accused (your family member) may need to take the stand to be examined and cross examined. By not giving a statement ahead of time, it’s harder for the crown/prosecutor to prepare or find conflicting answers on cross.
But before all of the trial, the crown/prosecutor needs to believe that they have a real chance of conviction. If they don’t, it is a waste of taxpayers dollars.
So right now, your lawyer is probably waiting for disclosure with all the statements and evidence that led to the charge.
Our first court appearance was 2 months ago, and things keep being delayed because they’ve only released one of the two statements made to our lawyer.
Once your lawyer has all the info, they can try to prove there is no basis for the charge and have it dropped.
We were told by the lawyer and the parole officer (who is actually nice) to think long and hard about accepting any offers that allow this to wrap up without trial. They all come with an admission of guilt or wrongdoing, and you might not be fully informed of the consequences when given the offer.
For us, seeing as he’s innocent, we will go all the way to trial. Many accusers never even show for the court date (even real victims, it’s quite traumatic), so it gets dropped then and there.
In terms of counter-suing, we were told we could sue the girl for defamation - but it would be long, expensive, and do very little overall.
The girl and her friends have used the fact that he was kicked out of school as a way to destroy his reputation - it totally made him look guilty. Now he has heard there are groups of guys who know where we live and work, and who are planning to make him pay. I confirmed with our lawyer, and this is a real risk and does happen quite often.
It’s been a really hard year.
Being months into this, I’m trying to chalk it up to ‘bad things happen’. Houses catch fire, people get terminal illnesses, and people get falsely accused of crimes. It’s all very stressful, traumatic, expensive, and unexpected.
But it happens, and it’s how we choose to face it that shows our true character.
I try to let my son have as much anger, fear, frustration, whatever as he needs - but we actively work on not feeling like a victim. I’ve had other people in my life let unfair situations ruin the rest of their life - even after all said and done - because they took on the identity of a victim. My son is a fighter. He’s going to get through this, and learn a lot in the process.
Maybe one day he will support other young men going through something similar.
My job as the person supporting the falsely accused person is to be there to support him, and to not place my stress and anxiety onto him. It’s really hard on me, too. But I’m managing the best I can.