How California BART passengers can respond to false sexual assault claims

BART passengers falsely accused of sexual assault, battery or rape should know how to respond to such allegations.

While claims of rape and sexual assault on the California BART are on the rise, some cases might involve false allegations or misunderstandings between passengers. Knowing what to do if falsely accused of sexual harassment or misconduct is just as important as knowing how to report instances that leave no room for doubt as to what transpired while taking the BART.

Know what might have led to the allegation

One of the most important things to bear in mind when it comes to the increase of rapes and instances of sexual assault on the BART is that increase is largely due to the fact that more people are coming forward to make reports, not necessarily that there are more assaults or rapes. Riders want to know about such incidents, and that is especially true when an arrest is involved.

That being said, someone might misinterpret another rider's intentions or touch, which could lead to a false claim. Now, not only does the alleged victim feel uncomfortable and violated, the same is true of the accused.

Cooperate

Those falsely accused of sexual assault should still cooperate with the investigation. This is because the investigation will not stop just because the accused claims her or his innocence. There is also the fact that the accused should be able to tell his or her side of what happened so investigators have a better idea of just what took place and why the alleged victim might have felt violated.

Consider therapy

Even if a person accused of sexual assault knows for a fact he or she did not do it, negative emotions can still linger while the investigation is ongoing, especially because of the legal ramifications of being found guilty of sexual assault or harassment. It could be a good idea to seek out counseling to maintain emotional and mental health.

Prepare financially

It may become necessary to hire legal counsel while seeking out mental counseling. Should hiring an attorney who specializes in such cases become necessary, those accused need to prepare their finances accordingly to mount a solid defense. While it is understandable to hesitate to hire a lawyer when innocent, doing so anyway is sure to pay off in the end.

Admit to any wrongdoing

While the accused might not be guilty of sexual assault, he or she might be guilty of certain behaviors that could be misconstrued. While on public transportation, such actions include unwanted touching and making suggestive comments. If such actions were what triggered another person to believe she or he was victimized, the accused should confess to them before they are revealed during an investigation.

Being accused of rape or either sexual assault or harassment is the last thing anyone expects while riding the BART in California. That being said, consulting with an attorney could better assure a positive outcome.