Recourse when false complaint of sexual assault is made to police?

by Alex
(Westy, TX)

I was falsely accused of a sexual assault on a minor. The 15 yr. old female was a staff member at my retail store. Her mother's boyfriend called the state police and reported a sexual assault. To my knowledge this complaint was made only to the police.

I have no direct evidence this accusation actually exists. I was asked by the local PD to respond to a 'complaint'. I did interview with the PD. I was told there was a complaint and they were investigating, and I could have a copy of the report.

Question 1: How is an investigation concluded? I understand an investigation concludes if charges are brought, but what about if I am not charged?

I have repeatedly asked for a copy of the report from the police and they have told me it is not completed yet. I was told they were waiting on a statement. Two months have passed. My concern is that the PD know it was a false claim and just want it to go away. I don't believe a report will ever be generated.

Question 2: If no report is generated, then what is the status of the case? It should have a case #, correct?

Question 3: Are the police considered a 3rd party when a false claim is made?

Question 4: Do I need to have the 'report' to establish this or can I just say that this is what I was told by the PD?

Question 5: Does the loss of a 'trained' employee equal damages?

Thanks for any information you can give.

Visitor Question:
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ANSWER for "Recourse when false complaint of sexual assault is made to police?":

Alex (Westy, T):

Question 1: How is an investigation concluded? I understand an investigation concludes if charges are brought, but what about if I am not charged?

If the police are investigating the possibility of continuing acts of sexual assault on the 15 year old, there is no statute of limitations. This means the investigation can technically go on for as long as the police want it to.

In Texas, sexual assault of a minor in a continuous manner is a first degree felony punishable by a minimum of 5 years up to life in prison and a $10,000 dollar fine. (In some cases probation is permitted.)

If the police are investigating the possibility of a one time sexual assault on the 15 year old, the statute of limitations is 10 years after the alleged sexual assault. A one time sexual assault of a minor is a second degree felony punishable by a minimum of 5 years up to 20 years in prison and a $10,000 fine. (In some cases probation is permitted.)

Texas Penal Code - Section 22.011.
Texas Code of Criminal Procedure Section 12.01

Question 2: If no report is generated, then what is the status of the case? It should have a case #, correct?

You can be confident if the police are investigating the case, including, but not limited to interviewing you, there is a written report. Because the investigation is likely ongoing, you do not have a right to the report.

Question 3: Are the police considered a 3rd party when a false claim is made?

No, the police are the investigating law enforcement branch of Texas government. They are not a party.

Question 4: Do I need to have the 'report' to establish this or can I just say that this is what I was told by the PD?

You can state the truth. Whatever the police told you may be repeated. As long as what you say is the exact truth, then you are well within your rights and cannot be successfully sued for defamation.

Question 5: Does the loss of a 'trained' employee equal damages?

From the facts you present, there appear to be no legal grounds for damages due to the loss of an employee.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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