Can I Sue Someone for Falsely Accusing Me of a Crime?

False accusations are more common than you think. According to the National Registry of Exonerations, as of October 2024, 64% of exonerations have involved perjury or false accusations.

Being falsely accused of a crime can wreak havoc on your life. Most urgently, you are at risk of losing your freedom if criminal charges are filed against you. But even if you manage to avoid or beat a criminal case, you still have to deal with the damage to your reputation. Here’s an overview of potential legal claims you may have to clear your name and get compensation for what you’ve lost after a false accusation, such as income, opportunities, and peace of mind.

What Is a False Accusation?

A false accusation (sometimes called a “false report”) happens when someone says that you did something that you didn’t do. A false allegation can be unintentional, such as a mistaken identification. Or, a false allegation can be intentional and malicious, such as when a parent falsely accuses another parent of child abuse during a custody battle.

Five Steps to Take When You Are Falsely Accused of a Crime

If you’ve been falsely accused of a crime, try to stay calm. You can take these five steps to protect yourself and lay the groundwork for a potential lawsuit against your accuser.

Step 1: Fight the Criminal Charges

Your priority has to be to defend yourself against any potential criminal charges. If you haven't been cleared of criminal wrongdoing, you can’t sue the person who made the false allegation. Learn more about how innocent defendants handle criminal charges.

Step 2: Get a Lawyer

A criminal defense lawyer can help you try to convince the district attorney not to file criminal charges, get charges dismissed, or win an acquittal at trial. A lawyer who specializes in personal injury or civil rights violations can help you file a civil lawsuit against the person who falsely accused you of a crime.

Step 3: Don’t Say Anything

As tempting as may be to tell your side of the story, it’s almost always best to remain silent and let the facts (and your lawyer) do the talking. You don’t want to say anything that could be used against you in the future.

Step 4: Gather Evidence of Your Innocence

As soon as you can, collect any evidence that supports your innocence, such as surveillance footage and witness statements, Keep a record of all communications with the person who has falsely accused you, including texts, emails, and written summaries of in-person and phone conversations. Be sure to note the date and time of all communications.

Step 5: Keep Track of Your Damages

So far, we’ve talked about how to defend yourself against false accusations. If you plan to sue your accuser, you’ll also have to gather evidence to prove your damages—compensation for your financial losses and mental anguish.

Can You Sue Someone for Making a False Accusation Against You?

If you’ve been falsely accused of a crime, you might be able to sue your accuser, depending on the circumstances of your case. The most common lawsuits are based on defamation of character and malicious prosecution.

Defamation

Defamation happens when someone spreads lies about you and the lies harm your reputation. Written defamation is called “libel.” Spoken defamation is called “slander.”

To sue someone for defamation, you typically must prove that your accuser:

• made a false statement of fact about you
• the statement was made to a third party (someone other than you)
• the statement harmed your reputation, and
• your accuser was careless (negligent) about whether the statement was true or false.

Truth Is a Defense

Truth is an absolute defense to a defamation lawsuit. Be prepared for your accuser to argue that you did what you are accused of doing. You will probably have to litigate the accusation itself. And, absent witnesses or physical evidence, the lawsuit will likely be a credibility contest between you and your accuser.

Opinions Aren’t Defamatory

Depending on the nature of the statement, your accuser might also try to argue that the statement is an opinion or a subjective interpretation of events and not a false statement of fact. For example, courts might interpret calling someone a “monster,” “pervert,” or “bigot,” as an opinion and not a fact. Calling someone a “pedophile,” on the other hand, is defamatory because most people hearing that would understand it to be a factual assertion of serious sexual misconduct.

Some Statements Are Protected from Defamation Claims

Truth isn’t the only defense to a defamation lawsuit. Some statements are privileged, meaning the person making the statement is immune from a defamation lawsuit. For example, statements made in court by witnesses, attorneys, and judges are privileged. In some states, reports made to the police in good faith might be covered. A lawyer can tell you whether the false accusation in your case is privileged.

Special Rules Apply for Public Figures

People have more leeway to openly criticize public figures like politicians, celebrities, and professional athletes without fear of getting sued. To win a defamation lawsuit based on a false accusation, a public figure would have to prove that the accuser lied on purpose or showed reckless disregard for the truth.

What Is Defamation Per Se?

Falsely accusing someone of a crime is defamation per se, which means a judge will presume that the accused person’s reputation was harmed without that person having to prove actual harm.

Malicious Prosecution

If a false accusation actually results in a criminal or civil case being filed against you, you might be able to sue your accuser for malicious prosecution. You would have to prove:

• the civil lawsuit or criminal case ended in your favor
• there was no probable cause (reasonable grounds) for the accusation
• your accuser brought the case with malice (an improper purpose), and
• you were harmed by the accusation.

Malicious prosecution lawsuits are hard to prove, especially against district attorneys and other government officials who are typically entitled to governmental immunity. A lawyer can help you assess the strengths of your case and help you find the best path forward.

How Much Is a False Accusation Lawsuit Worth?

No two false accusation-related lawsuits are the same, so it’s impossible to predict how much your lawsuit might be worth. The value of your claim will depend on your damages. Damages in these types of cases typically include compensation for:

• lost income (past and future) and diminished earning capacity
• lost business opportunities
• out-of-pocket expenses (like medical and therapy bills and online content removal), and
• emotional distress.

The best way to estimate the value of a potential lawsuit is to talk to a lawyer. If you win your lawsuit, a jury may award you millions of dollars or only nominal damages.

Can You Press Charges Against Someone for Falsely Accusing You of a Crime?

If you’ve been falsely accused of a crime, you’ll likely want more than money as compensation—you might want to see your accuser criminally punished. And while it is a crime to falsely report a crime to the police, it won’t be up to you to decide whether to press criminal charges.

As a victim, you'll play an important role in the criminal justice process. The case will likely start with your report to the police and build around your testimony. But only government prosecutors can decide whether to file criminal charges. Prosecutors can file charges only if they believe the evidence will prove the suspect’s guilt beyond a reasonable doubt.

Examples of Civil Lawsuits Involving False Accusations

Lawsuits based on false allegations can unfold in many different ways. Here are a few real-world examples you may have seen in the news.

Richard Jewell: In 1996, Richard Jewell was a security guard at the Olympic Games in Atlanta when he discovered a suspicious-looking backpack in a crowd. The backpack contained a pipe bomb, which exploded, killing one woman and injuring 112 people. Jewell was initially treated like a hero but quickly became the leading suspect in the bombing. His life was turned upside down by relentless negative media attention. After months of false accusations, Jewell was informed by U.S. Attorney Kent Alexander that he was no longer a target of the federal investigation. Jewell filed defamation lawsuits against NBC, CNN, the New York Post, and his employer Piedmont College. The lawsuits were settled for undisclosed amounts.

Saifullah Khan v. Jane Doe: In 2015, a Yale student identified as Jane Doe accused another Yale student, Saifullah Khan, of rape. Khan was acquitted of sexual assault in criminal court in 2018, but he was found responsible for the rape at a Yale disciplinary hearing and expelled in 2019. Khan sued his accuser for defamation based on statements she made during the disciplinary hearing. His accuser argued that her statements made during the hearing were privileged (more on that above) but a U.S. appeals court allowed the defamation suit to continue. Khan also sued Yale for breach of contract and intentional infliction of emotional distress.

Johnny Depp: In 2022, the actor Johhny Depp sued his ex-wife, Amber Heard, for defamation based on an op-ed she published in the Washington Post referring to herself as a “public figure representing domestic abuse.” Depp argued that the false allegation of abuse cost him lucrative acting roles. The jury sided with Depp, awarding him $10.35 million. Heard appealed and eventually agreed to pay Depp $1 million in exchange for dropping her appeal.

Garth Brooks: In late 2024, a woman identified as Jane Roe filed a civil lawsuit against country singer Garth Brooks, accusing him of raping her in 2019. Brooks responded by suing the woman for defamation, alleging that he was a victim of a shakedown that had damaged his reputation.

Do I Need to Hire a Lawyer?

Being falsely accused of a crime can turn your life upside down and can have serious, long-lasting consequences for you and your family. A criminal lawyer can defend you against potential criminal charges and a personal injury lawyer can help restore your reputation through a civil lawsuit.