False accusations are perhaps one of the most contested legal matters in family law. It's very nerve-racking and stressful for someone to face this in court hearings. For instance, Person A may think that the court might believe Person B's accusations against him/her if Person B has:
- Presented facts and testimonies
- Gathered witnesses and criminal lawyers
- Any other relevant pieces of evidence
However, even if Person B has all of these, there's a chance that they're not reliable or were fabricated. This results in Person A believing that he/she has faced invalid allegations or accusations. These allegations or accusations may lead to defamation. Here are the two types of defamation:
- Libel (written form of defamation)
- Slander (oral form of defamation)
Defamation cases also surface within family law matters such as spouses trying to destroy their ex-spouse's reputation. Indeed, it's difficult to handle false accusations alone especially if the other party has excellent lawyers. Read on to find out more information about handling false allegations or accusations.
What Do the Family Law Act and the Crimes Act Say?
Both the Family Law Act 1975 and the Crimes Act 1900 have relevant provisions about false accusations. According to Section 117 of the Family Law Act, a person who unknowingly makes a false allegation or false statement will pay the other person's legal costs. This provision applies to family law matters.
On the other hand, Section 314 of the Crimes Act defines false allegations and accusations as a crime. It states that people who make an accusation intending a person to be a subject of a police investigation for the offence is liable to a seven-year imprisonment. The Local Court will handle the case if no decision is made to have the case heard in the District Court. Courts may charge a person with this offence if he/she made false statements about:
- Domestic violence, assault, or child abuse
- Harassment or stalking
- Sexual Assault
- Defamatory statements
- Financial statements and other legal documents (forging or claiming that a document is lost but is not)
- Any other relevant testimonies, claims, and pieces of evidence
Responding to false accusations as soon as possible is highly advisable as this will ultimately benefit falsely accused people. Falsely accused individuals may respond to the opposing side's claims in writing, including their lawyer if they have one. Depending on the situation, the falsely accused individual may also seek advice from a lawyer even if no court proceedings have been initiated.
How to Defend Yourself From False Accusations
Reject the Claim
People who are accused of making a false allegation may reject the claim. The charge is defensible if there is no record or proof of the accusation. Furthermore, charges are also defensible if the claim was not delivered to a legitimate authority or agent.
Intent and Deliberate Knowledge
Making a false accusation alone is not always a crime, especially if there is no malicious intent. The prosecution must demonstrate that the accused intentionally and knowingly made a false charge, statement, or produced a fake document. A person responsible for making false accusations will need to show deliberate intent and knowledge that the information was untrue for the courts to charge them.
This is a valid defence for people who believe that the claims that they are making are true and adheres to the law. For instance, Gabriela was part of a child custody matter against her ex-husband Kyle. The court requested Gabriela to present them with her child's birth certificate. However, upon showing them the birth certificate, the courts found out that the certificate was fake.
All this time Gabriela thought that the birth certificate was legitimate. This is a criminal offence known as providing a false document, however, Gabriela still has a chance to defend herself. If she can defend herself properly and prove that she didn't intend to provide a fake document, she may win custody of her child. This example is one of the many reasons why it's important to seek legal advice first.
Confabulation
A patient who suffers from confabulation creates a false memory without intending to mislead others. In family law matters, a person with confabulation may make false accusations, comments, or even false confessions as a result of gaps in memory or memory errors. Confabulation and memory error are both legitimate psychological phenomena that can be used to explain the dissemination of false information.
Let's take Gabriela as an example again. For instance, she is suffering from confabulation and it wasn't her intention to provide a false birth certificate. As a result, the prosecution cannot establish that Gabriela provided the document with the intent to deceive the judge.
Plead Guilty
Individuals who made false accusations have the option to enter a guilty plea. This is if the judge or jury is convinced that they made a false accusation against an innocent individual. Sometimes the most sensible course of action for the accuser is to admit guilt, especially when the evidence is not favourable on his/her side.
Judges may treat guilty pleas with leniency for first-time offences or if it is out of character of the accusing side. Courts will not tolerate malicious and dishonest behaviour during court proceedings. Moreover, courts will punish people who lie under oath and provide false affidavits, statements, or any false pieces of evidence.
False Accusations: Advice for the Falsely Accused
As mentioned, it's important to seek legal advice from family lawyers for people who are falsely accused of a crime. Family lawyers are always the best people to go to if people are looking for someone to help them defend themselves in court. These legal professionals can help their falsely accused clients with:
- Gathering evidence (text messages, call logs, documents, and affidavits)
- Seeking appropriate witnesses
- Cross-examining the person who is making false accusations in court
- Protecting their client's rights, interests, and reputation
- Handling meetings with the police or any concerned authorities and agencies
- Lessening the maximum penalty for the accused if found guilty beyond reasonable doubt
- Explaining how the law governs family law matters and false accusations
- Representing and defending their client in court when needed
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.