You never thought it could happen to you. But now, someone has accused you of sexual assault.
Your world is upside down. You haven’t been arrested (yet), but you know the clock may be ticking.
At Innocence Legal Team, we’ve helped hundreds of clients in your exact situation. And we know one thing for sure: the earlier you act, the better your outcome will likely be.
Too many people wait until they’re charged to build a defense. By then, the damage is done as, once filed, these kinds of cases of a conviction rate greater than 97%.
In this blog post, we’ll show you the most important steps to take right now before things spiral out of control. You’ll learn:
- How early action can prevent charges from being filed
- What evidence you need to gather before the opportunity to gather it and/or present it disappears
- How to choose an attorney who will fight to prove your innocence
You didn’t choose this. But you can choose how to respond.
Step 1 – Don’t Wait for Charges: Start Building Your Defense Now
Most people don’t call a lawyer until they’re arrested. That’s a mistake.
By the time you’re in handcuffs, the prosecution already feels it has a solid case against you. And they’re not obligated to consider your side of the story unless you put it in front of them.
“The biggest mistake people make is assuming the truth will come out on its own. It rarely does—especially in sex crime cases.”
— Patrick Clancy, Founding Attorney & Chief Strategist, Innocence Legal Team
Your best shot at protecting your freedom is in the pre-file stage—before the District Attorney decides to press charges.
Act now:
- Contact a sex crime defense attorney (like Innocence Legal Team) immediately
- Do not speak to law enforcement without your lawyer present
- Start documenting everything: messages, locations, alibis, timelines
Step 2 - Gather Every Piece of Evidence You Can
Innocence alone isn’t enough. You need proof.
False accusations often come down to one person’s word against another’s. That’s why early evidence collection can be the difference between charges being filed or dropped.
Collect and preserve:
- Screenshots of all relevant texts, emails, and social media posts
- Call logs, location data, and digital activity from your phone
- Medical, DCS, and Psych reports, if available
- Names of witnesses or anyone who can confirm the accuser’s ulterior motive, your whereabouts or character
Tip: Ask friends or family members to write down what they remember as soon as possible. Memories fade; written statements help preserve timelines and details.
Step 3 - Understand Your Accuser’s Motive
Not every accusation comes from malice. But many false ones do.
We’ve seen false claims arise from child custody disputes, jealousy or revenge after a breakup, regret after consensual encounters, and family manipulation or pressure, especially with younger accusers
“If someone has a reason to lie, we’re going to find it, and we’re going to use it to protect you.”
— Patrick Clancy
Create a timeline of your interactions with the accuser. Note any red flags, recent arguments, or major life events that may have played a role. Share everything with your attorney.
Step 4 - Hire a Sex Crime Specialist Attorney (Not a General Criminal Attorney)
This part matters more than anything else you do.
Sex crime defense is different from other criminal cases. It requires a deep understanding of forensic evidence, motivations, strategic pre-file intervention, and the ability to dismantle emotionally charged allegations.
Sex crime defense requires:
- Deep understanding of forensic and medical evidence (like SANE/SART reports, DNA testing, and psychological evaluations)
- Experience cross-examining emotionally charged witnesses (especially minors or traumatized individuals)
- Familiarity with pre-file strategies that can prevent charges from being filed at all
- Knowledge of how to challenge digital evidence like DMs, text messages, and search history
- Trial experience specific to sex crime accusations, where the burden of proof and public bias are both high
General criminal defense attorneys may mean well, but they often lack the tools to fight these cases effectively.
When hiring an attorney, ask:
- How many sex crime cases have you defended?
- How many were false accusations?
- What’s your strategy for stopping charges before they’re filed?
If they can’t answer clearly, keep looking.
Step 5 - Don’t Talk to Police or Attempt to “Clear It Up” Without a Lawyer
Police may seem sympathetic. They may tell you this is just a formality. They may say you can help yourself by explaining what happened.
Don’t fall for it.
“I’ve had clients who accidentally gave the prosecution everything they needed—just by trying to defend themselves without a lawyer.”
— Patrick Clancy
If law enforcement contacts you:
- Remain polite, but don’t answer questions
- Do not agree to any interviews or meetings
- Refer them to your attorney
This isn’t about guilt. It’s about protecting yourself from a system that’s biased against you.
Step 6 - Get Support, But Be Careful Who You Talk To
You’ll need emotional support during this time. But be cautious.
Here’s how to protect yourself:
- Limit personal discussions to one or two trusted people
- Avoid texting or emailing about the case
- Stay off social media
- Don’t try to “set the record straight” in public
Ask your attorney what’s safe to share and with whom.
Conclusion: Don’t Let a False Accusation Derail Your Life
Innocent people get charged and convicted every day.
Notwithstanding your constitutional right to the presumption of innocence, the justice system assumes you’re guilty and that the prosecution’s case against you is true. If you don’t respond quickly and strategically, you could lose your job, your reputation, your family, and your freedom.
But it doesn’t have to be that way.
Innocence Legal Team has stopped false charges from being filed. We’ve helped clients walk away with no record and no registration. And we’ve won sex crime cases at trial that other attorneys refused to touch.
“The earlier you act, the more options you have. We can’t undo the accusation—but we can control what happens next.”
— Patrick Clancy
Accused of a sex crime in California?
Don’t wait. Start building your defense today.
