What happens in a he said she said situation? There are many cases, especially criminal sexual conduct, sexual misconduct or rape cases where there are no other witnesses. A day, a week, a month, or a year or more later an accuser may say that you committed a rape. How can a prosecutor charge you with that if there are no witnesses? How do you defend yourself when it's one person's word against another? How can someone be found guilty if it's one person saying it happened and the other person saying no it didn't?

This can happen in all kinds of criminal cases. This series of videos is particularly about criminal sexual conduct accusations or sexual misconduct allegations in Title IX cases at colleges and universities.

There may be a scenario where you had consensual sexual relations with someone. They may later allege it was not consensual, or that force was used, or that they were drunk. Or maybe you actually did not even have sexual relations but they are accusing you of it. Nobody else was around, so how come someone believes their word over yours? And how do you prove a negative? In other words, if someone says you ran a red light last week and you didn't, and there are no traffic cameras or other witnesses, how can you prove that you didn't? Is it fair to be accused of that, or even worse, found guilty of that? It's very scary for someone going through false allegation.

Believe it or not, prosecutors will often charge cases where it's one person's word against another's. So what happens?

Keep in mind that in criminal cases, as well as in Title IX (now), you are PRESUMED INNOCENT. In criminal cases, the prosecution must prove you guilty beyond a reasonable doubt, which is the highest burden of proof in America. We do that to protect people from wrongful convictions. So at the end of the day, if the jury is hearing an accusation without actual proof, the system is designed to protect you and say "that's not enough proof." Our system is not perfect, and sometimes innocent people will be found guilty. We see that where, for example, DNA results show someone was wrongfully in prison for 20 years for a crime they never committed. This is why the presumption of innocence and proof beyond a reasonable doubt are so important. To be fair on the other side, we also know there are cases where guilty people have been found not guilty. While our system strives to get it right, it will never be absolutely perfect because it is a human process which is naturally flawed to a degree.

What's the best way to protect yourself if you are falsely accused and it's one person's word against yours? Here's a few tips:
1. Get a lawyer before you talk to police. An experienced lawyer can make sure your story isn't twisted into something that is not accurate;
2. Trust your truth. It is your safe harbor;
3. Make sure your lawyer has experience in dealing with situations like yours. Experience can make a big difference;
4. Lean on your family and friends for support. You will be going through a tough time. Don't try to bury it all and get through it alone. Your friends and family (those that support you and know your character) want to be there for you;
5. Take detailed notes of everything you remember from the alleged date of the incident, and make sure you give them to your lawyer;
6. Trust the process. It may be long, it may feel like ups and downs. Keep your eye on the end result. If you have a faith/religion, lean on that too.

If you have more questions, I'm criminal defense lawyer Ryan Pacyga. You can call me at 612-339-5844 or find me at [ Ссылка ]

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