Tips to Protect Yourself NOW from a Possible Future False Accusation

Most people never expect to have cops show up at their door or workplace unannounced to arrest them for a sex crime they know they did not commit. Most people don’t understand what legal procedures are set in motion once an arrest is made. Most people also assume that if they are arrested for a sex crime they didn’t commit, a lawyer will magically swoop in and save you from ridiculous charges before the situation gets out of hand. Well, this might happen for a person that is already armed with a highly proficient and available lawyer. But what ends up happening in reality is that you find yourself not getting any helpful information or guidance from anybody while you sit in an interrogation room across from a police officer who believes you’re guilty while you know you’re innocent.

Tip 1 - Assessing your risk for being falsely accused of a sex crime:
Many people will assume their risk level is low for this terrible mistake to ever to happen to them when they’ve lead a fairly uneventful or virtuous life. They believe themselves to be of good character, have no police record, they have a fantastic career, they have a loving family, their friends are all of good character, etc, etc. Well despite of all these factors, anyone is still at risk – man or woman.  However there are some factors that definitely increase a man’s risk which is what I’ll focus on here (although some may apply to women as well):

1. You work or have worked in the past in a role serving the public as a police officer, doctor, school coach, or school teacher for example
2. You have children from a previous relationship and you & the ex argue often about child rearing differences, money or your new girlfriend
3. You are currently in a relationship that may be heading south due to her mental instability issues you weren’t initially aware of
4. You're involved in the BDSM or kink lifestyle
5. You meet young women from online dating or hookup websites
6. You are in a mutual sugar-daddy arrangement
7. You have a substantially younger family member with mental health issues who is seeing a psychotherapist
8. You have a public profile (arts & entertainment, politics, etc.)

 
Tip 2 - Prepare yourself financially:

1. Research now to understand what qualifies or disqualifies you for a Legal Aid Certificate. This varies from province to province, but here is info for Ontario.
2. Understand that Legal Aid is shifting priority to provide funding for women and other so-called vulnerable groups who are either accused of crime, or who are suing for compensation (this may be more prominent in Ontario)
3. Start a savings account only accessible by you, no joint accounts, set aside for possible legal issues that may arise,  or have a credit card with a substantial available limit set aside for emergency or the event you could be denied a Legal Aid Certificate.

 
 
Tip 3 - Assign a surety now
Securing a surety has become a routine requirement by the Crown prosecutor in order for them to agree to let you out of jail on bail while you fight the charges. A surety is a person who will vouch for your whereabouts and compliance of the law while you are out on bail and dragged through criminal proceedings. They are also responsible for posting bail in your favour if you breach any bail conditions. Without a surety, you will stay in jail with limited access to a lawyer and contact with people or resources that could prove your innocence while the prosecution manufactures a case against you. Think of having a pre-assigned surety to be as important as assigning a power of attorney to a person you trust in case you ever become medically incapacitated in the future. Have a discussion now with your most trusted friend or parent or relative that is financially secure to know who you can rely on for a surety if such an arrest were to happen. Know that if the time comes, the crown prosecutor will have the opportunity to investigate and discredit your surety in order to keep you in jail. Consider all of these factors when thinking of who your surety could potentially be:

1. You have a long, stable history with them and you trust each other
2. They can’t have a criminal record
3. They should have no mental health records that could be used to discredit them
4. They are financially secure – this is important because the court wants to be assured that your surety has regular income and/or assets that the court can deem sufficient to cover the posted bail cost if you were to breach your bail conditions.
   1. Bail amounts can range from $1k upwards. It seems to be arbitrary, but can depend on factors such as jurisdictional economy. If the case is in a small town and not publicized by the media it would likely be in the lower range. If the accused is high profile and the case is highly publicized by the media, it would likely be a lot higher, in the tens of thousands or more.
5. They can offer you a room to stay in their home for 1 year, or however long the proceedings may take
6. They have no kids living or visiting the home. This is mainly relevant to an accusation made by a minor, or an adult who claims you abused them decades ago as a minor. So for example, if your accuser is outside of your immediate family, and you live with your wife and young children, your wife cannot be your surety. If your best friend wants to be your surety but they have children in the home, your best friend cannot be your surety. Once you are accused of any sex offence, you will immediately be presumed guilty and a danger to society, particularly if children are party to the accusation.
7. Here is limited information by the Ontario Attorney General for acting as a surety in Ontario

 
Tip 4 - Research a top-notch and respected criminal defence law firm:

1. Start with the internet or by word of mouth through your friends, family and colleagues. You need an experienced criminal defence lawyer that works in a firm with resources.
2. Call their office to ask questions that will ensure their area of criminal law and the clients they generally represent match what you want to be prepared for
3. Find one that will accept a Legal Aid Certificate if you expect you likely won’t be able to afford a minimum of $15k in costs for initial proceedings.
4. Check their names on the Law Society of Upper Canada’s disciplinary database to see if they’re currently under review for misconduct, however it may not reveal past cases, and the LSUC doesn’t always disbar lawyers for misconduct, nor does it always find them guilty of misconduct.
5. Research their name and past cases they’ve done on CANLII.org database
   1. Type the lawyer’s name in the “document text” field and click search. Conduct searches using both their full first and last name, or their first initial and full last name.
   2.  Get a feel for the types of clients they represent, the frequency of winning cases and the strength of their legal arguments.Ask  about their Legal Aid caseload versus privately-funded caseload. A higher Legal Aid caseload might indicate the firm is swamped and unable to dedicate time and resources to properly investigate and prepare for an effective defence due to lack of funding. A higher privately-funded caseload ratio might indicate the firm does not rely on low-income Legal Aid cases, therefore making it more likely they can share existing resources equally across all cases.
6. Ask them about their investigation practices. Do they hire quality private investigators that get the job done? The best PI’s tend to be retired police officers that know all the tricks in the book and know exactly how to find evidence to discredit the accuser and/or uncover the true motive for the accusation. Find out if the PI’s fee is included in your initial defence fees.
7. Understand and establish that you intend to be an active participant in building a strong case against your accuser and in defence of yourself. See John the Other’s video on "How to Survive a False Rape Accusation" for commentary on how to collect your own supporting evidence and a supporting witness list.
8. Make it your goal to force the Crown to completely withdraw the charges before getting to trial. Once your case gets to trial there are multiple variables that come into play increasing your risk of a conviction. About 50% of all adult Canadian sex offence cases that go to trial result in a conviction. That means you have a 50/50 chance. While only about 9% result in acquittal. Vigorously resist stayed charges, or a plea bargain. This may be tempting in effort to end the hellish prospects, but trust me, it won’t make your life much easier in the long run, nor does it help the justice system function properly.
9. Keep in mind, the police are serving the Crown prosecutor, not protecting you and your innocence.

 
So to sum up these tips to protect yourself from a possible future false accusation:

1. Know your risk.
2. Have an emergency savings account, or a credit card with a substantial limit available for legal emergency, and understand how you may or may not qualify for a Legal Aid certificate.
3. Know who your surety would be.
4. Know who your go-to criminal defence law firm would be.