Accused or Nailed?
On March 13, 2022 the Houston Chronicle reported “A Harris County grand jury on Friday declined to indict Texans quarterback Deshaun Watson, signaling the end of a criminal investigation into allegations of sexual assault and harassment…” 22 women accused him of assault.
The quarterback thanked Jesus for the failure to indict. The civil cases are still to be tried. The article, written by Samantha Ketterer, Anna Bauman, and Brooks Kubena, goes on to state that the allegations renewed dialogue about sexual assault in Houston.
“Sexual violence is consistently underreported: Only one in four sexual assaults were reported to police in 2018, according to the National Sexual Violence Resource Center. False reports are likewise rare, estimated at only 2 to 10 percent. Sexual assault cases are also known for being difficult to win in criminal court, and advocates say that civil court is often a victim’s best shot at justice. That made the grand jury decision on Friday unsurprising, but none the less disappointing.” said Chau Nguyen, chief public strategies officer for the Houston Area Women’s Center.”
Marie: News articles like these point out the reason why so many incidents like this one go unreported in the first place. The grand jury decision is very discouraging. But the law is written in black and white, imperfect, and as such, cannot allow for the nuance in the circumstances and the evidence presented. In other words, we may KNOW the perpetrator is guilty, but knowing it is not enough.
Janet: We don’t know what’s going to happen to Watson. But we don’t doubt the veracity of the 22 women who documented and reported the assaults and harassment. What does happen when you’re falsely accused? Does it stand or are you nailed?
What happens if you are accused of assault?
Does it stand or are you nailed?
I started to look into how it happens and what the what ifs. I read this article.
Ten Things to do When Falsely Accused of Sexual Assault, Domestic Violence or Child Abuse https://www.hmichaelsteinberg.com/ten-things-to-do-when-falsely-accused-of-sexual-assault.html
1. You must realize the level of trouble you are in.
2. Select the Right Attorney.
3. Build a War Chest, it will be expensive.
4. Educate Yourself, you can’t help defend yourself from a place of ignorance.
5. Do a Timeline, start from day 1 and go through to today in as much detail as you can recall.
6. Begin Working a Witness List.
7. Check Yourself from being your worst enemy.
8. Scientific Testing, show that YOU don’t have what it takes to be guilty.
9. Work Hard.
10. Don’t Give Up – Stay Up.
I think it’s a pretty solid list of advice for someone accused so they might not be nailed. When it happens it’s destructive and the accused need to be prepared.
Marie: I have some first-hand knowledge of people who were falsely accused. One of them was accused of rape because the accuser thought she would be able to sue and walk away with lots of money. It was clear to both legal teams and to the judge that this was a set up, and the case was dismissed. Initially, all the local papers carried the story of the accusation. A retraction was never printed. Never an article that announced innocence or even resolution. The damage done, and incalculable. If your income level prevents you from hiring the best attorney around, it can be overwhelming. For an innocent man in America, the road is very rocky and uncertain – and there is no turning back
I ask you to imagine for a minute, what that would be like if it happened to you.
It’s almost impossible to prove that you didn’t do something. Once your family and friends and colleagues have pictured the possibility that you’ve done something unthinkable, it’s pretty hard to erase.
Janet: The top ten list for the falsely accused is very straight forward, and needs to be because as Marie says, it’s not easy to disprove an accusation. I decided to check out the advice for the assaulted. Do we really know what happens when assault is reported? Our Silent Voice has heard some of these stories of the accuser being ignored and discredited, accused of lying, or worse being dramatic or hysterical.
I found this: What can I do if I have been sexually assaulted recently? https://www.womenslaw.org/about-abuse/forms-abuse/sexual-abuse-and-exploitation/sexual-assault-rape/steps-take-after-sexual-4
Get to a Safe Place
Call 911 or go to your local police precinct to report the assault.
Get an immediate, ex parte temporary protection order to keep the offender away from you.
Call the nearest rape crisis program or 24-hour hotlines
Go to a hospital emergency room for immediate medical care to check for injury, prevent sexually transmitted infections and pregnancy, get counseling and collect evidence.
Tell someone you trust who can support and assist you.
If you are a student, you may be able to file a complaint with your school’s administration and/or receive counseling services.
Ok good advice but what about this? Maybe we start being pro-active victims, the kind that make abusers nervous. How about adding these and making it 17 points for the assaulted?
You must realize the level of trouble you will be given.
Select the Right Attorney.
Build a War Chest, appeals are expensive.
Educate Yourself, you can’t help defend yourself from a place of ignorance.
Do a Timeline, start from day 1 and go through to today in as much detail as you can recall.
Begin Working a Witness List.
Check Yourself from being your worst enemy by doubting your own veracity.
Scientific Testing, show that YOU have what it takes to fight for yourself.
Work Hard.
Don’t Give Up – Stay Up.
What if we came up with a 1) list to make sure the one who assaulted us gets nailed? Or, what about a 2) list of what we, the community, say when an accuser is false and the accused is damaged?
Give us your ideas for our lists in the comments. We’ll publish our list in the next newsletter. If you want credit for your ideas, give us permission to quote you. If not, we’ll call you anonymous supporter. If you’re rude by any measure, your suggestions will be on a different list and not published.
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