What to Do if Falsely Accused of Sexual Assault in St. Louis

False sexual assault accusations can and do destroy lives. Law enforcement rightfully takes these allegations seriously, assuming the alleged victim is telling the truth, which puts you at an immediate disadvantage. What you do in the first hours after learning about an allegation often determines whether you face criminal charges.

Missouri’s sexual assault statutes carry long prison sentences and lifetime sex offender registration. Most people facing these accusations make critical mistakes during the investigation phase that damage their defense later. Understanding your constitutional rights and taking specific protective steps immediately can make the difference between charges being filed or not.

Exercise Your Constitutional Rights Immediately

If you’re being investigated for sexual assault in Missouri, you have constitutional rights that law enforcement must respect:

Fifth Amendment Right to Remain Silent

You have the absolute right not to answer questions from the police. The Fifth Amendment protects against self-incrimination, which means you cannot be compelled to provide statements that could be used against you.

Law enforcement officers investigating sexual assault allegations often present interviews as opportunities to “tell your side of the story” or “clear things up.” These are interrogation tactics designed to obtain statements that can be used as evidence.

Sixth Amendment Right to Counsel

You have the right to have an attorney present during any questioning. Under Miranda v. Arizona, if you’re in custody, the police must inform you of this right before interrogation.

Even if you’re not under arrest, you should exercise this right. Investigators may contact you for “voluntary” interviews, but anything you say can still be used against you in court.

What NOT to Do When Accused of Sexual Assault

Do Not Contact the Accuser

Missouri law prohibits contact with alleged victims in many circumstances. If a protective order has been issued, any contact violates RSMo § 455.085 and creates additional criminal charges.

Even without a protective order, contacting the accuser can be characterized as witness tampering, harassment, or evidence of guilt. Any attempt to discuss the allegations, apologize, or explain can be used against you.

Do Not Make Statements to Police Without an Attorney

Statements made during police interviews, even “off the record” conversations, become evidence. Investigators are trained to identify inconsistencies, obtain admissions, and build cases based on what suspects say.

Common mistakes people make:

• Thinking they can “explain away” the accusations
• Believing that refusing to talk makes them look guilty
• Assuming they can outsmart investigators
• Not understanding how statements will be interpreted in court

Do Not Destroy Evidence

Deleting text messages, emails, social media communications, or other evidence constitutes tampering with physical evidence under RSMo § 575.100, which is a Class E felony.

Even if you believe evidence is exculpatory or proves your innocence, do not alter, delete, or destroy anything. Your attorney can review all the evidence and determine what helps your defense.

Do Not Discuss the Case on Social Media

Anything posted on social media can be discovered and used as evidence. Posts about the accuser, the allegations, or your activities can be taken out of context and presented to a jury.

Do Not Talk to Mutual Friends or Witnesses

Discussing the case with people who may be interviewed by investigators can create additional problems. Conversations can be characterized as attempts to influence witnesses or coordinate stories.

What You SHOULD Do Immediately If Accused of Sexual Assault

Contact an Experienced Criminal Defense Attorney

The most important step is retaining an attorney who practices criminal defense in Missouri and has experience with sex crime cases. An attorney can:

• Communicate with law enforcement on your behalf
• Protect your constitutional rights
• Conduct an independent investigation
• Preserve exculpatory evidence
• Advise you on whether to provide statements
• Interview witnesses
• Negotiate with prosecutors before charges are filed

At Rose Legal Services, we dedicate our practice exclusively to criminal defense and regularly handle sex crime allegations. We understand how these investigations proceed in St. Louis City, St. Louis County, St. Charles County, Jefferson County, Franklin County, and surrounding jurisdictions.

Preserve All Evidence

While you should not destroy evidence, you should actively preserve anything that might support your defense:

• Text messages and emails with the accuser
• Social media communications and posts
• Phone records showing calls and locations
• Credit card statements or receipts showing whereabouts
• Photographs or videos from the time period
• Witness contact information
• Medical records if relevant

Provide all of this to your attorney, who can determine what’s relevant and how it should be presented.

Document Everything You Remember

Write down a detailed timeline of events while your memory is fresh, including:

• The nature of your relationship with the accuser
• All interactions during the relevant time period
• Communications before and after the alleged incident
• Witnesses who were present or have relevant information
• Your location and activities

Give this information only to your attorney. It’s protected by attorney-client privilege and cannot be disclosed without your consent.

Understand the Potential Charges

Missouri’s sex crime statutes are found in Chapter 566 of the Revised Statutes. Charges can include:

All of these charges carry sex offender registration requirements under Missouri’s Sex Offender Registration laws.

Potential Defenses to Sexual Assault Allegations

Depending on the circumstances, several defenses may apply:

Consent

For charges involving adults, evidence that consensual sexual activity occurred can be a complete defense. Text messages, witness testimony, and patterns of behavior before and after the alleged incident can establish consent.

Mistake of Age

For statutory rape charges where the alleged victim was 14, 15, or 16 years old, RSMo § 566.020(2) provides that a reasonable belief that the person was 17 or older is an affirmative defense.

This defense does not apply when the alleged victim was under 14 years old.

False Allegations

Evidence showing motive to fabricate, inconsistencies in the accuser’s statements, or contradictory physical evidence can demonstrate false accusations.

Mistaken Identity

In cases where the defendant and accuser did not know each other, DNA evidence, alibis, and witness testimony can establish that someone else committed the alleged offense.

Lack of Evidence

Prosecutors must prove guilt beyond a reasonable doubt. Cases relying solely on uncorroborated testimony, without physical evidence or witnesses, may not meet this burden.

How Rose Legal Services Defends Against False Accusations

At Rose Legal Services, we’ve represented many individuals falsely accused of sexual assault. Our approach includes:

• Immediate intervention during the investigation phase
• Independent investigation of the allegations and accuser’s background
• Expert witnesses when needed for DNA, forensics, or psychological testimony
• Thorough cross-examination of inconsistent or false testimony
• Strategic negotiation with prosecutors
• Effective trial advocacy when cases proceed to trial

We understand that sexual assault allegations carry unique stigma and stress. Our team approach means you work with attorneys, support staff, and an investigator who all understand what’s at stake.

Contact us immediately for a confidential consultation if you’re facing sexual assault allegations in Missouri.

Your defense starts with a conversation.