Falsely Accused of Sexual Assault in Massachusetts — First Steps

Being accused of sexual assault is one of the most frightening experiences a person can face — especially when the accusation is false. In the first hours and days, what you do (and don't do) can shape the entire case. Here are the steps that matter most.

1. Do not talk to the police — politely decline

Investigators may tell you they "just want your side of the story." It sounds reasonable. It is not. You cannot talk your way out of an investigation, but you can easily say something that is taken out of context and used to build a case against you.

You have the right to remain silent and the right to a lawyer. Use both. Calmly say: "I'm going to remain silent, and I'd like to speak with my attorney." Then stop talking.

2. Do not contact the accuser — about anything

Do not call, text, email, message on social media, or send word through a friend. Even a well-meaning "why are you doing this?" can be portrayed as intimidation or witness tampering, and it may violate a no-contact or restraining order. All contact must go through your attorney.

3. Preserve everything

Evidence that tells the true story has a way of disappearing. Right now, before anything is deleted:

Save texts, emails, direct messages, call logs, and social media messages.
Note who else was present and might have seen or heard something.
Keep receipts, rideshare records, location history, and anything that establishes a timeline.

Do not alter or delete anything — even messages you think look bad. Let your lawyer decide what matters.

4. Write down what happened — for your lawyer only

While it's fresh, write a detailed, honest account of events: times, places, people, and what was said. Keep it private and share it only with your attorney, where it is protected.

5. Stay off social media

Anything you post can be screenshotted and used. The safest move is to post nothing about the accusation, the accuser, or your case.

6. Call an experienced defense attorney immediately

The single most important step is getting an experienced criminal defense lawyer involved early — ideally before charges are ever filed. The pre-charge window is when a defense investigation can influence whether charges are brought at all.

At Barone Law Offices, that team includes Attorney Ted Barone, with 44 years of trial experience, and partner Hon. Mark Lawton (Ret.), who spent over 20 years on the Massachusetts Trial Court. We understand how these cases are investigated, charged, and decided — and how to fight a false accusation.

If you've been accused or contacted by an investigator in Massachusetts, call (508) 584-0411 for a free, confidential consultation. This article is general information, not legal advice, and does not create an attorney-client relationship.