What Is a “He Said, She Said” Case?

When Words Alone Convict: The Devastating Costs of False Allegations

The 2002 case of Brian Banks demonstrates why "he said, she said" cases are so challenging. As a 17-year-old football star with a USC scholarship, Banks was accused of rape by a classmate. Despite no physical evidence supporting the accusation, he faced 41 years to life in prison if convicted at trial. Under pressure, he accepted a plea deal and spent over five years incarcerated before his accuser admitted to fabricating the story, leading to his exoneration in 2012.

That’s why one often hears a sexual assault case called a “he said, she said” case. The implication is that “she” says “he” assaulted her, “he” says he didn’t, so what’s the jury or judge to do?

Well, if the case is criminal, the jury gets some help from the standard of proof. The law tells the jury to acquit a criminal defendant whenever the evidence at trial doesn’t prove the charged crime beyond a reasonable doubt. So, in theory, if the evidence seems close to balanced, the jury is to acquit. But this isn’t always the case. Experienced defense attorneys understand that they still have to give the jury valid reasons why the alleged victim would be mistaken or lie about her testimony.  

It’s different, though, in a civil case such as a petition for a sexual assault protection order or a claim for money damages due to sexual assault. In civil cases, the standard of proof is a “preponderance of the evidence” — more likely than not. There, a slight advantage in the evidence is enough to win.

How to Defend Yourself in a He Said, She Said Case

So, what do you do if someone has alleged you’ve sexually assaulted him or her in private when nobody else was around to witness what happened? How do you defend yourself? Are you at the mercy of an accuser who tells a good story or is especially sympathetic?

No, you are not. Even when there are only two eyewitnesses to the event said to be a crime, there is often other evidence that can make a big difference:

• Digital communications that contradict the accusation.
• Witnesses who saw the accuser's demeanor after the alleged incident.
• Timeline evidence proving physical impossibility.
• Inconsistent statements made by the accuser.
• Evidence of motive to fabricate allegations.

Even in a civil case, then, you are not helpless. By taking some essential steps, you can effectively fight back against a sex crime accusation.

Get a Lawyer’s Help as Soon as You Can

Your lawyer will likely want to know many things:

• What happened?
• How do you know your accuser?
• For how long and how well did you know them?
• Do you know what might have led to the false accusation?

Is there any reason your accuser might want to embarrass or discredit you? Is your accuser known for being untruthful, or even for falsely accusing others in the past? Does your accuser have a potential reason to try to “get even” with you?

You should also tell your lawyer of individuals who may be able to testify in your defense.

Don’t Speak or Write About Your Case with Anyone but Your Lawyer

While it may be tempting to vent about the frustrations of a “he said, she said” case to your friends and family members, you should resist the urge to do so. Even innocuous things you say about your case may later be used against you by the other side.

You can and should talk to your lawyer, however. You have an attorney-client privilege that protects your communications with your lawyer. Don’t hide things from your lawyer — be as frank as possible, even if some of the facts relating to your case are embarrassing or uncomfortable. The more your lawyer knows, the more he or she can help you.

Finding the Right Lawyer

In sensitive, challenging cases like these, hiring a skilled, experienced lawyer to represent you is critical. A skilled lawyer will know the best way to rebut accusations and present your version of events. Your lawyer can also help you identify witnesses who might support your defense. While it may seem to be just your word against your accuser’s, a skilled rape defense attorney can often find more evidence than just the testimony of two adversaries.

Marshall & Saunders has a great deal of experience representing clients accused of sex crimes and doesn’t shy away from their tough cases. If you’re facing a rape or other sex crime accusation, please contact us at (206) 826-1400 or solutions@marshallandsaunders.com to consult with a knowledgeable attorney.