False Sexual Offence Accusation: How to Act (2026 Guide)

Being falsely accused of a sexual offence is one of the most devastating experiences there is. As criminal lawyers experienced in false accusations, we explain how to defend yourself.

The strategy has two fronts: dismantling the accusation with objective evidence, and preparing — for after the acquittal — the legal response against the person who made the false report. Both require method and composure from day one.

First Steps

Do NOT contact the complainant. Instruct a lawyer BEFORE giving a statement. Preserve all digital evidence. Draw up a list of witnesses.

You have the right to remain silent and not to give a statement until you have prepared your defence with your lawyer. Do not delete anything — not even material you believe harms you — because deleting messages can be read against you, and the full context of the conversations is usually your best evidence.

The SVA-CBCA Protocol

Statement Validity Analysis assesses 19 scientific criteria of credibility: logical structure, superfluous details, spontaneous corrections, the reproduction of conversations. A negative report can be decisive for an acquittal.

These reports are produced by forensic psychologists, and the defence can propose its own experts or challenge the official report. Requesting the right expert evidence at the right procedural moment is one of the most important technical decisions of the whole case.

Digital Evidence

Geolocation (Google Maps, Apple), affectionate messages sent afterwards, security cameras, social media posts that contradict the account.

Counter-Complaint

False accusation (Art. 456 CP): 6 months-2 years in prison. Simulation of an offence (Art. 457 CP): a fine of 6-12 months. Plus a civil claim for damages.

The counter-complaint requires patience: it only succeeds once the original proceedings have ended in an acquittal or dismissal and it can be shown that the complainant knowingly lied, rather than simply being mistaken. The absolute priority is therefore to win the main case first.

Improper Motives

Divorce and custody disputes, revenge after a breakup, a financial conflict, workplace retaliation.

Identifying and proving the improper motive is decisive: it is not enough to allege it, it must be evidenced with messages, court decisions from the underlying conflict or witnesses. A proven motive weakens the credibility of the accusing account as a whole.

The Procedure Step by Step

After the report, the usual sequence is a summons to give a statement as a suspect — sometimes preceded by an arrest — and the opening of the investigation phase. That is where the evidence is produced: statements, psychological expert reports, analysis of devices. The investigation can end with a dismissal, which is the realistic goal of the defence when the accusation is false, or with the case being sent to trial. An active defence during the investigation — submitting exculpatory evidence instead of waiting for trial — multiplies the chances of a dismissal.

Mistakes to Avoid

• Contacting the complainant directly or through third parties: it can generate new accusations.
• Giving a statement without preparation, improvising explanations that later fail to match the evidence.
• Posting your version on social media or discussing the case with mutual acquaintances.
• Deleting messages, photos or records, even those that seem compromising.