Can Men Fight Back When Falsely Accused of Sexual Assault?
Given the fact that many men have faced severe challenges after being accused of sexual assault amid the rise of the #MeToo movement, you may be wondering if such men can fight back against false or unfounded accusations.
The answer is yes, men can fight back when falsely accused of sexual assault.
This can happen in criminal court if a sexual assault charge has been filed, and it can happen in civil court by means of a counter-lawsuit, as has occurred in the case of country music star Garth Brooks.
Brooks, 62, the husband of country music star Trisha Yearwood for 19 years, was targeted in an Oct. 3, 2024 lawsuit filed in California by a former hairstylist and makeup artist who’d worked for years for him and his wife. In May of 2021 she stopped working for them and moved to Mississippi.
In her lawsuit, the woman accused Brooks of sexual assault and battery, although no criminal charges have been filed against him.
Her lawsuit alleges that the Grammy Award winner exposed his genitals and buttocks to her, changed clothes in her presence, spoke to her about his sexual fantasies and sent sexually explicit text messages to her in 2019. She also claimed he raped her in a Los Angeles hotel room.
After filing a pre-emptive lawsuit on September 14, Brooks filed two lawsuits of his own against her on Oct. 8, calling the woman’s October 3 lawsuit “an extortion attempt.” Then, on Nov. 1 Brooks filed to have his complaint against her heard in federal court rather than in a California state court.
According to People magazine, a shift to federal court is possible since the woman’s lawsuit against Brooks called for damages of more than $75,000. It’s believed that this move could benefit Brooks by hastening the trial date and providing a broader jury pool.
In his initial complaint, Brooks asserted that he was the “victim of a shakedown” involving “a malicious scheme to blackmail” him into paying “millions of dollars” after he rejected the hair stylist’s request for medical benefits and salaried employment.
In a statement to People magazine, Brooks claimed that he has been “hassled to no end with threats, lies and tragic tales of what my future would be if I did not write a check for many millions of dollars.
“I want to play music,” he said. “I want to continue our good deeds going forward. It breaks my heart that these wonderful things are in question now. I trust the system, I do not fear the truth, and I am not the man they have painted me to be.”
Hush money reportedly was demanded
Brooks claimed that he’d received a “demand letter” from the woman’s legal team on July 17, in advance of her October 3 lawsuit. He said he also received a follow-up letter from his accuser on Aug. 23, in which she offered to refrain from filing a lawsuit against him in exchange for a multi-million dollar payout.
He did not accede to such demands for payment.
“Hush money, no matter how much or how little, is still hush money,” Brooks said in his statement. “In my mind, that means I am admitting to behavior I am incapable of—ugly acts no human should ever do to another. We filed suit against this person nearly a month ago to speak out against extortion and defamation of character.”
The woman’s lawsuit asserts that Brooks took her phone in 2020 and “deleted most of the text messages that he had sent to her containing explicit sexual content.”
According to US magazine, the woman claims that some of the alleged text message exchanges between them remain on her phone. In court documents, she also asserted that Brooks used more than one cell phone and sometimes used different names and email addresses to communicate with her.
‘He said, she said’ cases need evidence
Whether a claim of sexual assault leads to a civil lawsuit for damages or to criminal charges seeking justice, a robust sexual assault defense is essential. In either scenario, evidence is crucial for both sides to establish the facts of the case. Without substantial evidence, the complaint and its denial may devolve into a simple matter of “he said, she said.”
That term is often applied when contradictory claims are made, but no evidence or witnesses exist to substantiate either one of them. Credibility then becomes a major factor in determining guilt or innocence or finding liability or the lack of it.
In a criminal case where prison could be among the punishments, the burden of proof lies with the prosecution. Such cases can be very difficult to prove without evidence beyond what the accuser claims – that is, beyond what “she said.”
However, that doesn’t mean a man who’s accused of sexual assault won’t be tried in the so-called “court of public opinion,” especially in the #MeToo era when a rush to judgment–largely on social media–often occurs.
In early filings, Brooks sought to have his name undisclosed in the legal battle. But that did not happen thanks to later filings by the woman’s legal team.
The longtime icon of country music stardom now faces public scrutiny about claims that may or may not be true – claims that are a case of “she said” as opposed to what he now says.
Texas vs. Federal Sexual Assault Charges: Understanding the Stakes
If you or a family member faces an accusation or charge involving an alleged sexual assault, you may be wondering how serious sexual assault charges and penalties really are.
Well, ultimately that depends on the charge and whether it’s a state charge for Texas or a federal charge for a federal offense.
Take the current case of former Columbia University (New York) gynecologist Robert Hadden, age 62.
According to a CNN report, Dr. Hadden has been charged with 6 counts of enticing and inducing dozens of victims to travel to his medical offices in New York and then subjecting them to unlawful sexual abuse from about 1993 to 2012.
The 6 federal charges involve 1 minor and 5 adults. Each count carries a maximum sentence of 20 years in prison. If convicted on all 6 counts and given the maximum punishment, Dr. Hadden would face 120 years—in effect, life—in prison.
Federal law charges and penalties are in effect
These charges and penalties involve federal law since prosecutors assert that Dr. Hadden induced victims to travel interstate to engage in illegal sexual activity.
Dr. Hadden was arrested Wednesday, September 9 and was set to appear before a federal judge on that day. The unsealed indictment is in the US District Court for the Southern District of New York.
Among his alleged victims is Evelyn Yang, wife of former candidate for the Democratic presidential nomination Andrew Yang. CNN said she told the news service in January that she was sexually assaulted by Dr. Hadden.
Later, dozens more accusers came forward, and new evidence emerged indicating that Columbia University officials were warned of Dr. Hadden’s behavior as long ago as the mid-1990s. That could make the university liable in civil lawsuits.
Texas sexual assault penalties
As for state law, the penalties for sexual assault in Texas depend on the nature of the offense.
Depending on the offense, how much prison time is there for sexual assault in Texas?
A defendant could face 5 to 20 years in prison if convicted of sexual assault of an adult in Texas.
If the sexual assault of a child under 6 years old is involved, the prison time can range from a minimum of 25 years to a maximum of 99 years.
Defendants with a previous conviction for violent sexual assault even could face life in prison without parole if they were convicted of a first-degree felony for sexual assault.
Texas sexual assault defenses
As you can see, such charges and penalties are serious.
Persons who are accused or charged with sexual assault should immediately engage an experienced sex crime defense attorney to explore possible defenses available under Texas law.
One such defense involves establishing that the alleged victim gave consent.
Or, if the charge is for aggravated sexual assault, a defense may involve disproving the “aggravated” element, which holds that weapons, violence or injuries were involved.
You may even face a false claim of sexual assault of a child, as Texan Greg Kelley did, as seen in the recent Showtime documentary series Outcry.
Fortunately, Kelley was able to establish his innocence, but only after serving 3 years in prison and spending another 2 years on bond.
Another Texas assault charge, newly established, is indecent assault. It involves actions against a person without their consent and with the intent of sexual gratification or arousal of themselves or someone else. Penalties include prison time of up to 1 year and a fine of up to $4,000.
How to respond to untrue sexual assault accusations
Facing unfounded sexual assault charges? Understand the legal steps you need to take to protect your reputation and rights.
Protect your freedom and reputation. Hire a trusted sex crime defense attorney.
If you or a family member face a claim, accusation or even charge of sexual assault, you must take that matter seriously. Criminal punishments can include harsh sentences of years in prison, along with high fines.
Plus, even unfounded or false claims can damage a reputation, a career and a person’s livelihood before the accused has had his day in court. So it is important to act quickly.
When a criminal charge looms or has been made, Houston area residents should immediately contact a knowledgeable and skilled criminal defense attorney to defend their legal rights.
The award-winning Neal Davis Law Firm stands ready to wage such defenses. Contact us today to arrange a confidential consultation about your case.
After all, with so much at stake, you want the best criminal lawyer to defend you.
With over 25 years of experience, Neal Davis has handled more than 1,000 cases in state and federal courts, including sex crime cases. Named a Texas Super Lawyer every year since 2011, Davis has even appeared before the United States Supreme Court.
Davis is also respected by his peers. From 2019 to 2023, he was the president of the Harris County Criminal Lawyers Association.
So contact us today.
Get the Neal Davis Law Firm, and get results.