What do you do? Who do you run to for help? Anyone can make false accusations — either a friend, an acquaintance or a stranger. False allegations occur when you face allegations against you that are not true. Anyone will feel upset when they face false allegations, especially when they think the court is likely to believe them.
So what do you do now? Can one simply explain to the authorities or court that they’re not true and expect them to buy it? This is a risky move and a falsely accused person would take extra caution in these instances. False accusations are most common in almost all legal matters. Sadly, anyone can frame a person for something that is not true.
Let’s read more about what you can do when someone makes false accusations against you.
Slander vs Libel: Which Is Which?
These two legal terms are a subset term under defamation. Defamation is harming someone’s reputation with a false statement. We can link these terms with false accusations. The state-based Defamation Act 2005, aims to balance free speech with the protection of reputation.
To win a defamation case, the plaintiff (the person defending himself) must prove that the statement:
- Was shared with someone other than the plaintiff
- Referred to the plaintiff
- Caused damage or likely caused significant damage to the plaintiff’s reputation
- Was untrue
This offence can damage someone’s reputation. That’s why defamation claims are here for anyone’s expense who is suffering from false accusations. When someone makes false accusations against you, you must identify whether it’s slander or libel.
| Slander | Libel |
| – A type of defamation that is spoken through words or other temporary forms of communication (verbal statements, live broadcasts, etc.) – Generally less serious than libel due to its limited reach – Difficult to prove due to its transient nature | – A type of defamation through written or published statements (social media posts, text messages, news articles, books, etc.) – Can reach wider audiences, hence considered more serious than slander – Easier to prove due to its documented form |
Why Do People Make False Accusations?
This is something you should discuss with your lawyer. Once you find out what may cause someone to make lies against you, you can proceed with your defamation claim properly. Most people do it because of revenge or for their own personal gain. For example, Person A spreads lies that Person B is a womaniser at their workplace to rob him of a promotion at work.
But let’s play devil’s advocate here. What if the person had severe mental health conditions like schizophrenia or personality disorders? Did another party force them to make false accusations in exchange for their life? Moreover, a person can make a false accusation in high-stakes situations like interrogations or child custody battles.
While these are entirely possible, one should approach this cautiously, because they may use these defences even if they are not true.
Hence, one should expect that a person can make false accusations during court proceedings.
When Someone Makes False Accusations: Laws and Penalties
When someone makes false accusations against you, it’s important to know that there are laws that discuss the offence. Simply put, false accusation is a crime. The law imposes harsh penalties upon those who mislead authorities or lie in court.
In Australia, false accusations are a serious offence that can result in imprisonment and financial punishment. Both the Family Law Act 1975 and the Crimes Act 1900 have relevant provisions about false accusations.
Section 314 of the Crimes Act 1900 provides information about false accusations in NSW. So, when someone makes a false accusation against you in NSW, they are liable to 7 years of prison time.
False Accusations in Family Law Matters
Family law matters can include instances of false allegations. Like how we mentioned earlier, child custody battles can get heated, but this goes the same way with property settlement issues or domestic violence charges. False accusations in family law matters carry more penalties.
- Losing parties will need to pay the winning party’s legal costs per Section 117 of the Family Law Act 1975. If a person already made false allegations and continued doing so in court, they may receive a perjury charge.
- Perjury is an offence under Section 327 of the Crimes Act 1900. It is an offence where a person lies under oath. A person who commits this offence will land in jail for a maximum of 10 years.
- Now what if a person makes a false complaint to an officer? Section 547B of the Crimes Act 1900 can answer this. Any person who makes a false complaint to a police officer is called ‘public mischief’. It carries a maximum penalty of 12 months’ imprisonment and a fine of up to $5,500.
When someone makes false accusations against you in family law matters, there are heavier penalties for the perpetrator.
What Should I Do When I Am Facing False Allegations?
Let’s admit it — false accusations may drive you mad from anger, stress, and betrayal. It’s perfectly valid to feel all of these. But anyone can handle legal matters with the right guidance and level-headedness.
Relax and Plan Out Your First Step
When someone makes false accusations against you, you should try and relax and identify your options. You can try to reach out to a friend or a family member to express your emotions first and then plan out your next step.
Get Legal Assistance
The obvious next step is to seek legal assistance. With all the laws and penalties surrounding false accusations, you will need lawyers who can guide you through the process. These professionals can help you understand your legal rights, fight vigorously for your case, establish a defence and protect you from malicious prosecution.
Lawyers are also flexible and will also represent clients who want to plead guilty to false accusations. Such clients can actually work with your lawyer to come up with strategies on how to get lighter penalties.
Gather Evidence
You can assist your lawyer and gather all text messages, call logs, emails, documents, and affidavits to negate the false accusations made against you. If there is any other evidence that may support your innocence, collect them as soon as possible! The sooner, the better.
These may include clothes, photographs, or receipts. Collect anything that you think may be able to help you in your defence. Make sure not to destroy any evidence even though you may think it will not be useful in the long run. Give everything to your lawyer because they can determine its usefulness for possible defences to negate the false accusations.
Gather Witnesses
When someone makes false accusations against you, witnesses can help disprove them. Make a list of potential witnesses who may be able to support your innocence. These are persons who may have more information about the incidents or the matters involved in the false accusations.
When Someone Makes False Allegations Against You, Who Will You Call?
We understand how stressful false allegations are on our clients. A lawyer can tirelessly help you even when the other side making the accusations is already equipped with compelling evidence, eligible witnesses, or other matters that make their story worth believing. Experienced lawyers may be able to turn your case around.
As mentioned earlier, when someone makes lies about you, the first thing to do is hire a lawyer — and what better way to hire a lawyer with legal expertise, compassion, and professionalism?
Our lawyers at JB Solicitors are experienced in legal representation and family matters. We are passionate about seeking fairness and justice and protecting our client’s rights, interests, and reputation. We can cross-examine the person who is making the false accusations and we can handle meetings with the police or any other concerned authorities and agencies.
Contact us today if you need help with false accusations made against you.
