False allegations of sexual abuse and rape are not a new phenomenon, but they are steadily increasing. The Bavarian State Criminal Police Office cites in a study on rape and sexual coercion that significantly more than half of the reported sexual offenses are fabricated. There are no other criminal offenses where the frequency of false reports is so high, and the consequences are even more severe: Whether the case is dismissed due to obvious falsehood or results in an acquittal after a lengthy trial, the existence, private life, and family of the accused are often left in ruins. Not to mention the wrongful conviction of an innocent person, who may face long-term imprisonment due to the severe penalties for sexual offenses.
No Evidence Needed: The “Victim’s” Statement Is Sufficient for a Conviction
Even though sexual offenses such as rape or abuse carry severe penalties (up to 15 years!), and one might assume that they require extensive investigation similar to homicide cases, in sexual offense trials, a single statement from the alleged victim is often enough to convict.
This is because sexual offenses are so-called “secret crimes,” meaning that there are rarely witnesses, and evidence such as DNA traces or phone records can often be explained in multiple ways. Additionally, for a judge to reach a conviction, it is sufficient if a single witness—the alleged victim—presents a credible account of the incident. It is a common misconception that in cases of “one person’s word against another’s,” the result should be a tie, leading to an acquittal based on “in dubio pro reo” (when in doubt, for the accused). The truth is, the only person who needs to have doubts is the judge or court. If a judge or court has no doubts about the credibility of the victim, a conviction is reached more quickly than one might expect.
Credulity and Premature Judgment by Police and Courts in Favor of Victims
It is alarmingly easy for alleged victims of sexual offenses to be believed without hesitation, placing the falsely accused in serious trouble. Law enforcement agencies have developed a strong bias toward victims, automatically treating those who claim to be victims of a crime as actual victims. This is evident in questioning during rape and abuse trials, where the investigators often begin with statements like: “I know this is difficult and unpleasant for you, but I have to ask you this…” At that point, however, the judge, police officer, or prosecutor does not even know whether the person before them is truly a victim of a sexual offense.
Psychological Factors: The Most Common Cause of False Accusations
Interestingly, false accusations are often not deliberate attempts to frame someone—such as out of revenge or for personal gain (40% of child custody disputes involve allegations of sexual abuse, and 95% of these accusations are proven false). Instead, false accusations frequently arise from family conflicts, attempts to conceal sexual relationships, embarrassment, or a desire for attention, sympathy, or validation. Psychological factors also play a significant role, making it extremely difficult to uncover the truth. (Half of the women who made false accusations had psychological issues.)
In cases involving suggestion or the false belief of having been assaulted, forensic psychology faces significant limitations. While a liar may eventually be exposed through rigorous analysis, cases of suggestion and autosuggestion—where the “victim” genuinely believes they were assaulted even though it never happened—are far more challenging to disprove.
What to Do If You Are Falsely Accused?
As simple as it sounds: Seek specialized legal counsel immediately.
The importance of choosing the right lawyer is evident in the well-known case of Jörg Kachelmann. Sexual offense cases follow an entirely different pattern than most other criminal cases. Nowhere else is pretrial work as crucial as in sexual criminal law. As demonstrated earlier, it is essential to ensure the alleged victim is repeatedly questioned under record, request psychological evaluations, and investigate their background thoroughly. In many cases, legally sound defense strategies can lead to the case being dismissed before it even goes to trial. (In our law firm, about 70% of sexual offense cases are dismissed after submitting a detailed defense memorandum.)
The most important thing is to take accusations of sexual offenses seriously, even if you know with absolute certainty that they are false. As shown above, a single false statement can be enough to convict an innocent person. Because sexual offenses carry severe prison sentences, accused individuals are often placed in pretrial detention before a court has even examined their guilt or innocence.
Case File Review and Defense Strategy
Once you have found a specialized criminal defense attorney, they will request access to the case files. Under no circumstances should you make a statement before this happens. It is crucial not to discuss the allegations with anyone, as any third party you speak to can be called as a witness and questioned by the police or court.
The attorney will then carefully examine the case files with you, identifying inconsistencies and preparing a legal response that challenges the prosecution’s case. They will also work to ensure that the alleged victim is repeatedly questioned—whether through additional police interviews, prosecutorial examinations, or psychological evaluations.
A thorough investigation into the background of the alleged victim can often uncover exculpatory evidence, such as previous psychological issues, a tendency to exaggerate, or social media activity that contradicts their claims. In most cases, the attorney will draft a detailed defense memorandum outlining the legal and factual circumstances that challenge the victim’s version of events. If the case is not dismissed at this stage, there is still an opportunity to present these arguments before the trial begins. If the court still allows the prosecution to proceed, the only option left is to fight for acquittal using all available legal means. In suitable cases, this may involve requesting credibility assessments, exposing contradictions through expert questioning techniques, and presenting all available evidence that casts doubt on the victim’s claims.
Contact Our Law Firm
Our law firm is committed to exhausting every legal avenue in criminal proceedings and developing effective defense strategies that target the typical weaknesses of the judicial system.
Criminal law offers more discretionary room than any other legal field, with potential outcomes ranging from case dismissal (with or without fines), written penalty orders, non-opening of proceedings, acquittals, warnings, waivers of penalties, or prison sentences ranging from a few months to many years—with or without parole.
The outcome of a criminal case largely depends on the choice of the right lawyer.
Just as in medicine, trusting that you are in the best hands is the most important factor in choosing a lawyer. You can contact us at any time for a preliminary consultation to assess our experience and expertise.
