“A false accusation can ruin your life—before you even step foot in a courtroom.”
I’m Michael Gowdey. I’ve been defending clients in Clark County for over 25 years. And one of the most devastating types of criminal cases I handle is when someone is falsely accused of sexual misconduct.
Let’s be clear: sexual assault is a serious crime, and real victims deserve justice. But when someone is wrongly accused, they deserve a defense just as strong. According to a 2021 analysis by the U.S. Bureau of Justice Statistics, roughly 5% to 10% of sexual assault allegations are proven to be false or unfounded—a number higher than most people expect.
The consequences of a false claim are immediate and life-changing. Arrest. Public shame. Lost jobs. Destroyed relationships. And in many cases, the accused is treated as guilty before a single piece of evidence is presented.
Here’s the hard truth: You can’t afford to wait and see how things play out. If you’re facing this kind of accusation, your defense must start now.
This blog covers:
- How Nevada defines sexual misconduct and related charges
- What your legal rights are
- How investigations work
- Proven defense strategies that can protect you
Let’s walk through everything you need to know to defend yourself—and rebuild your life.
How Nevada Defines Sexual Misconduct
In Nevada, sexual misconduct is a broad legal category that includes a range of offenses under Chapter 200 of the Nevada Revised Statutes (NRS). These offenses can range from misdemeanor-level inappropriate touching to serious felonies such as sexual assault.
Common Charges Include:
- Sexual Assault (NRS 200.366): Non-consensual penetration, including incapacitated or unconscious victims. A Category A felony with a possible life sentence.
- Lewdness with a Minor (NRS 201.230): Involves any sexual act with a child under 16, including touching over clothes.
- Open or Gross Lewdness (NRS 201.210): Indecent exposure or sexual acts in public, even if consensual.
- Statutory Sexual Seduction (NRS 200.368): Sexual contact with minors aged 14–15, even with their consent.
These charges can result in:
- Mandatory prison time
- Lifetime sex offender registration
- Loss of parental rights and career opportunities
How False Allegations Arise
False allegations often come from:
- Custody battles or divorce proceedings
- Jealous partners or exes seeking revenge
- Misunderstandings during consensual encounters
- Mental health issues or influence from others
- Young children manipulated by adults
The motivations vary, but the consequences are always severe. Once law enforcement is involved, the wheels of the justice system begin to turn rapidly.
The Investigation Process in Nevada
Once an accusation is made, law enforcement initiates a criminal investigation. In Clark County, this process typically includes:
- Interviewing the accuser
- Interviewing the accused
- Collecting digital evidence (texts, emails, photos)
- Forensic exams (rape kits)
- Gathering witness testimony
It’s critical not to speak with police without an attorney. Even seemingly innocent answers can be misinterpreted or used against you.
Your Legal Rights if Accused
Even if you haven’t been charged yet, you have rights:
- The right to remain silent (Fifth Amendment)
- The right to an attorney (Sixth Amendment)
- The right to avoid unlawful searches (Fourth Amendment)
Exercise these rights from the start. And never assume cooperating fully will “clear things up.”
Possible Defenses to False Accusations
Every case is different, but several legal defenses can apply in false sexual misconduct allegations:
1. Consent
Many cases hinge on the issue of consent. If the encounter was consensual, evidence such as messages, photos, or witness accounts can support your claim.
2. False Identity
In some cases, especially involving intoxication or low lighting, the accuser may have mistaken your identity. DNA and alibi evidence can help disprove involvement.
3. Lack of Evidence
In a courtroom, the burden is on the prosecution to prove guilt beyond a reasonable doubt. If evidence is weak or nonexistent, charges may be dismissed or reduced.
4. Motive to Lie
If the accuser had a motive—such as revenge, jealousy, or child custody—it may call their credibility into question.
5. Improper Police Conduct
If your rights were violated during the investigation—such as an illegal search, coercion, or Miranda violations—the case could be thrown out.
What to Do if You’re Falsely Accused
Here’s a step-by-step roadmap:
- Do not talk to police without a lawyer.
- Avoid contact with the accuser. No texts. No calls. No DMs.
- Preserve evidence. Save texts, photos, emails, and voicemails.
- Gather witnesses. Anyone who can vouch for your character or provide context.
- Hire a defense attorney immediately.
Time is critical. The sooner your legal team gets involved, the better your defense will be.
The Role of Evidence
Your defense team will evaluate:
- Phone logs and text messages
- Surveillance or home security footage
- Social media interactions
- GPS or rideshare records
- Medical and forensic reports
Many false accusations collapse under digital scrutiny. We build timelines and dig for inconsistencies.
The Trial Process in Clark County
If your case goes to trial, you can expect:
- Jury selection and opening statements
- Presentation of prosecution evidence
- Cross-examination of witnesses
- Defense presentation and closing arguments
In some cases, charges may be dropped pre-trial due to lack of evidence, improper procedures, or successful motions filed by your attorney.
Long-Term Consequences of a Conviction
Even if you serve no time, a conviction results in:
- Mandatory sex offender registration
- Public registry listing
- Job loss and restrictions on employment
- Loss of custody or visitation rights
- Immigration consequences for non-citizens
- Permanent damage to your reputation
How Our Firm Handles These Cases
At The Law Offices of Michael I. Gowdey, we take a proactive approach:
- Investigate immediately
- Hire private investigators
- Interview witnesses under oath
- File aggressive pre-trial motions
- Challenge weak evidence and false testimony
We’ve defended clients falsely accused by:
- Ex-spouses
- Co-workers
- Neighbors
- People met online or in nightlife settings
We protect your name, your future, and your rights at every step.
You’re Not Alone—And You’re Not Powerless
False allegations of sexual misconduct can feel like a nightmare—but you don’t have to face it alone.
You deserve a voice. You deserve a defense. And you deserve a second chance.
Call The Law Offices of Michael I. Gowdey now for a confidential, judgment-free consultation. Let’s start building your defense—today.