What to Do If You’re Falsely Accused of Sexual Harassment Online

In recent years, the #MeToo movement has empowered many sexual abuse victims to speak out against their harassers. But this step forward for consent, sexual ethics, and accountability for predators has also opened the door for false accusations. Because of the virality and reach of the internet, especially social media, it can be hard to know what to do if you’re falsely accused of sexual harassment.

If you are facing false accusations of sexual misconduct online, we recommend taking the following steps:

1. Stay calm and avoid responding to the accuser,
2. Document all evidence of the accusations,
3. Write down your recollection of events and create a detailed timeline,
4. Gather a list of witnesses,
5. Report the false accusations to the platform where they were posted,
6. Reach out to an internet defamation attorney for legal counsel, and
7. Explore recourse by contacting a criminal attorney.

Our team at Minc Law has helped many clients defend their reputations, careers, and mental health from unfounded accusations and harassment online. We know how to identify anonymous accusers, remove harmful and false content, and pursue legal action to hold defamers accountable.

This article provides actionable tips for responding to false accusations of sexual harassment online. We also list resources for navigating the emotional and professional aftermath of such online harassment.

What You Should Do if You’re Falsely Accused of Sexual Harassment Online

It is extremely distressing to be accused of sexual misconduct. When your accuser can hide behind the anonymity of social media platforms, it can be difficult to know exactly how to respond and what steps to take to put an end to the lies.

However, there are ways to protect your rights, correct the record, and hold defamers accountable for their actions. We recommend following the proven steps listed below.

Stay Calm & Avoid Responding to the Accuser

First, resist the urge to reply to the accuser. Engaging with online harassers can escalate the situation by drawing unwanted attention—and potentially hurt your future case against the accuser.

It can be difficult to stay silent rather than defend yourself, but remember that your attorney can defend and articulate your side more effectively.

Document All Evidence of the Accusations

While we do not recommend replying directly to the accuser, that does not mean you should take no action at all. Gathering evidence of both the accusation and of what really happened can help you refute false allegations.

Start by taking screenshots with your phone or computer or using tools like Visualping or PageVault to preserve the allegation(s). The accuser may delete their posts later, which is why it is important to save this evidence if you decide to pursue legal action against the accuser.

Next, gather related emails, text messages, surveillance footage, and other documents that can verify your version of events.

Create a Timeline & Write Down Your Recollection of Events

Along with evidence of your innocence, you should create a meticulous and accurate record of the incident. Since your memories will inevitably fade, this log will be invaluable for establishing a factual timeline.

Write down every detail you can remember or determine about the incident(s) in the allegation. List all interactions with the accuser and any other involved parties, and be sure to include any relevant context. Be sure to include all dates, times, witnesses, and locations. Be as detailed as possible, and always be honest.

Gather a List of Witnesses

Next, identify and gather potential witnesses who can provide an alibi or support your character. These witnesses and affidavits can help disprove false claims and help your attorney create a cohesive, accurate rebuttal to the accusations.

If you and your attorney decide to sue the accuser, eyewitnesses and sworn statements can be invaluable.

Report the False Accusations to the Platform

One way to mitigate reputational harm is to report false online accusations to the platform(s) where they were posted. Most social media platforms have reporting procedures for flagging content that violates their community standards or terms of service (ToS), such as:

• Bullying,
• Harassment, and
• Defamatory statements.

Of course, reporting harmful posts does not guarantee they will be removed. Content removal is up to the platform’s discretion, and in most cases, the platform will choose not to get involved. But if you are the victim of harmful and baseless accusations, reporting them is an essential first step.

Seek Legal Counsel in an Internet Defamation Attorney

Sexual harassment is a serious offense, and it is crucial to take false accusations against you seriously. We recommend contacting an experienced internet defamation lawyer who can provide objective advice on your situation.

An experienced internet defamation attorney like those at Minc Law can help you:

• Explore if you have a valid claim for defamation,
• Gather and preserve evidence,
• Identify anonymous accusers,
• Remove defamatory online accusations and content,
• Procure injunctive relief to avert future attacks, and
• File a defamation lawsuit, if necessary.

Explore Recourse by Contacting a Criminal Attorney

If law enforcement has opened a criminal investigation into the accusations against you, you should retain a criminal defense attorney right away.

We recommend searching online legal databases like Avvo, Lawyers.com, and Martindale-Hubbel to find qualified lawyers in your area. You can also check your local state bar association or ask family and friends for referrals.

For additional reading, please see our comprehensive guide explaining what to do if you are accused of sexual assault on Twitter.

When Do False Accusations of Sexual Harassment Become Defamation?

Sexual harassment causes can quickly become a game of “he said, she said” when there is a lack of evidence to support either side. Intimate encounters between two people usually happen privately, so those individuals may be the only ones who know what happened.

At Minc Law, we receive many calls from individuals who believe they had a consensual intimate encounter but are now being accused of sexual harassment, sexual assault, or rape. In such cases, the verdict often comes down to whether the defendant or the plaintiff is more credible—especially in front of a jury.

A false accusation of sexual harassment can severely impact your personal, professional, and public reputation. In this section, we explain when these claims cross the line into defamation.

Requirements for a Defamation Claim

False online accusations of sexual harassment, sexual assault, sexual violence, or rape may give rise to a claim for defamation. However, before bringing a defamation lawsuit against the poster, be sure you can prove the following elements are true:

• A false statement of fact was published about you,
• The statement was communicated to a third party,
• The speaker acted with at least negligence regarding the statement’s truth,
• The statement was unprivileged, and
• Your reputation suffered harm as a result.

Filing a defamation lawsuit makes it possible to attain equitable relief, such as an injunction to prevent further harassment or remove content from an online platform. Further, if the poster is anonymous, a John Doe lawsuit can help you unmask their identity before holding them accountable for their defamatory actions.

Defenses to Defamation Claims That May Apply

It is also important to understand the common defenses to defamation that may make it difficult to hold the accuser accountable. For instance, truth is an absolute defense to defamation—meaning if the defendant can prove their statement is true, they cannot be held liable.

Other common defamation defenses include:

• Privilege. Statements made in certain contexts (such as a courtroom or news report on a topic of public interest) may be protected from liability for defamation.
• Opinion. Because defamation must contain a false statement of fact, statements of opinion are not defamatory. Opinions are subjective statements that cannot be proven true or false.
• Statute of limitations. If you do not file a lawsuit within the proper timeframe after the statement was made, your case will likely be dismissed. The statute of limitations for defamation is between one and three years in most states.

Considerations Before Filing a Defamation Lawsuit

Defamation lawsuits can be costly and time-consuming, so it is important to ensure a lawsuit is right for your specific situation. Consider the extent of the damage caused by the false allegations; legal action is more justified in scenarios where your reputation or career faces significant harm. Also, consider the potential impact of a drawn-out legal battle on your personal and professional relationships (and finances).

Anyone considering a defamation lawsuit should also carefully review any potential defenses and counterclaims available to the defendant. Legal outcomes always have an element of uncertainty, so consider the possibility of a less-than-satisfactory judgment.

These kinds of defamation cases can be difficult to win. It is always best to discuss the facts of your case with an attorney and consider the pros and cons of proceeding with a lawsuit.

How to Navigate the Emotional & Professional Aftermath of a False Accusation

Sexual harassment is no minor issue, and it can be unfairly harmful to your personal and professional life to be wrongly accused of such a crime. In this section, we provide resources and tips for navigating the personal effects of a false sexual harassment accusation.

Hotlines, Support Groups, & Other Organizations

There are many national and international organizations designed to support victims of false sexual abuse allegations. Reach out to the following groups for judgment-free support and advice:

False Accusation Support Organization USA

​​​​False Accusation Support Organization USA is a grassroots group offering advice, support, and information for victims of false accusations. They provide a supportive environment for men, women, and others to come together as a community to help each other during such difficult times​.

The National Center For Reason and Justice (NCRJ)

After reviewing all documentation to confirm an individual’s innocence, the NCRJ may sponsor legal cases of false accusations. They also help find specialized attorneys for cases involving false allegations, especially those related to child abuse. They also offer support through their website and information on support groups for victims’ families and friends.

Innocence Project

The Innocence Project is an organization that focuses on criminal justice reform. They aim to exonerate those who have been falsely accused or wrongly convicted of crimes, including sex crimes​​.

Save Our Sons

Save Our Sons is a resource and news website dedicated to supporting college-age men and their families who are dealing with false sexual misconduct allegations.

National Association for Rational Sexual Offense Laws

NARSOL strives to provide holistic healing and restore the dignity and constitutional rights of victims of false claims. It was formed to address concerns about laws eroding civil liberties due to public panic related to sexual abuse.

Alliance for Constitutional Sex Offense Laws

ASCOL’s mission is to restore the civil rights of registered sex offenders and their families. Their website provides resources and education for victims of false accusations and illegal treatment from law enforcement.

Ethical Treatment For All Youth

Ethical Treatment for All Youth is an organization that fights for the rights of teenagers and children accused of sexual crimes. Their website offers information, news, and resources for teenage victims and their parents.

Utilize Reputation Monitoring Services & Content Removal Attorneys

One way to minimize damage to your reputation is to work with online reputation management (ORM) services and internet defamation attorneys. ORM agencies use marketing, SEO, and public relations strategies to manage and enhance your online presence. This work includes suppressing false information from appearing in search results and creating positive content to shift attention away from the allegations.

Internet defamation and content removal attorneys can also help you fight back against negative online content. These professionals are highly experienced in the legal areas of copyright, defamation, harassment, stalking, and obscenity.

Not only can an internet defamation attorney help you navigate the ever-changing landscape of online reputation management, but they can also help mitigate damage by quickly and discreetly removing harmful content about you online.

To learn more, please see our article explaining why you should hire an attorney as your online reputation expert.

Take Appropriate Measures in the Workplace

If the false accusations originated from a coworker, it can be hard to know what to do. Workplace sexual harassment accusations can lead to a strained work environment at the very least—and financial disaster and professional blacklisting at worst.

If you were falsely accused of sexual misconduct at work, we recommend taking the following steps:

• Stay calm. Do not escalate the situation by retaliating or letting your anger get the best of you.
• Stop engaging with the accuser. As much as possible, avoid interacting with the coworker who accused you. Do not approach them to ask why they would make these claims about you, and do not try to “smooth over” the situation on your own. It is much too easy for emotions to rise and make the issue worse.
• Cooperate with the HR investigator. Even if you believe the accusations are meritless, do not stonewall any investigations. Answer questions honestly and share the facts of the situation cooperatively.
• Preserve thorough documentation. Save every message, team interaction, and any other detail related to the investigation. The clearer a picture you can provide of true events, the better.
• Seek legal representation. Even though you are innocent, it can be difficult to fight for your rights alone. An experienced employment law or defamation attorney can help you resolve the matter and ensure your rights are protected.

Seek Legal Help to Explore Available Legal Claims

Matters of sexual misconduct are extremely serious and should not be addressed on your own. If law enforcement contacts you or files sexual assault charges against you, contact a criminal defense attorney immediately. It is important to protect yourself and use the service of a professional in such a situation.

Always speak to a criminal defense attorney before talking to law enforcement, and if you are arrested, request an attorney immediately.

You may also want to consult a defamation attorney to consider your legal options and determine the best steps for responding to false accusations. An experienced team like the one at Minc Law can help you:

• Collect and preserve evidence,
• Create a thorough timeline of the true version of events,
• File a defamation lawsuit if appropriate, and
• Refute any false accusations.

Experienced internet defamation attorneys can evaluate your situation and let you know whether you have a claim for defamation. These situations can be a “he said, she said” matter, and we recommend hiring an attorney to help you navigate an otherwise stressful and confusing time.

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February 18, 2024

To explore if you have a valid claim for defamation and content removal options, reach out to schedule your initial consultation by calling us at (216) 373-7706, speaking with a Chat Representative, or filling out our online contact form.