[PA] Can false sexual assault accusations from years ago be used against me, and should I send a cease and desist?

PA Criminal Law

I have questions regarding false accusations of sexual assault from previous partners.

I am wondering if she will be able to hold this in court with it being from two years ago, also when sending a cease and desist letter does this get sent to the accuser, my ex, or does it get sent to the police department and her?

February 10, 2026

Andres Sanchez

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Based on your situation, there are several legal considerations and concepts in Pennsylvania that could potentially support your case:

False Accusations: In Pennsylvania, making false accusations can be considered defamation if the statements are untrue and harm your reputation.
Cease and Desist Orders: These are often used to formally request that someone stop engaging in certain behavior, such as making false accusations.
Statute of Limitations: For defamation cases in Pennsylvania, the statute of limitations is generally one year from the date the defamatory statement was made. (42 PA Cons Stat § 5523(1))

Regarding your question about holding the case in court after two years, it depends on the nature of the accusations and any evidence available. Since no formal charges have been filed yet, it's uncertain if it would proceed to court.

A cease and desist letter is typically sent directly to the person making the accusations, not the police, unless they are involved.

Cease and Desist Letter

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I have questions regarding false accusations of sexual assault from previous partners.

Lexi, Chatbot

I understand that dealing with false accusations can be incredibly overwhelming. Have you already been formally charged or are you still in the early stages of addressing the allegations?

Still in the early stages of allegations.

Lexi, Chatbot

Can you share if there are any specific details or circumstances surrounding the accusations that you believe are important?

There was alcohol involved. I don't remember the night, and she has text messages of me saying that I did it, apparently, and I remember the only time that I agreed was in the beginning because I literally didn't remember the night and didn't know what to do or say.

Lexi, Chatbot

Is there anything else the Criminal Lawyer should know before I connect you? Rest assured they'll be able to help with your false accusations.

We are possibly having a child together.

Andres Sanchez

Hey there! I'm Andres Sanchez, an attorney with many years of experience.

I understand you're facing false accusations of sexual assault from a previous partner, and alcohol was involved. Could you share more about any specific concerns or steps you've considered so far?

I've considered filing a cease and desist order to stop the false claims because its affecting my mental health.

Andres Sanchez

I understand how stressful this must be for you. Filing a cease and desist can be a step to consider. Could you let me know where you're located? This helps in understanding the legal framework applicable to your situation.

It happened two years ago during our relationship together. After a night of drinking an arrangement of liquor and spiked teas, we engaged in sexual activity I don't remember anything from after we started. I just woke and my ex was claiming things that I know I didn't do.

Andres Sanchez

Thanks for sharing that. It sounds like a really difficult situation. Have there been any legal actions taken against you so far, or is it mainly just accusations at this point?

I stay in Delaware now but at the time of the incident I was staying with her in Philadelphia, Pennsylvania.

Andres Sanchez

Got it, thanks for clarifying your location. Have there been any legal proceedings or official complaints filed against you since the incident?

It has been mainly accusations and talks of going to police but I haven't heard or received anything legal regarding this topic and accusations.

Andres Sanchez

Thanks for sharing all that information. It's good to know that there haven't been any formal legal actions yet. Let's talk about some steps you can take to protect yourself and address these accusations effectively.

Alright, what are my next steps?

Andres Sanchez

Based on your situation, there are several legal considerations and concepts in Pennsylvania that could potentially support your case:

False Accusations: In Pennsylvania, making false accusations can be considered defamation if the statements are untrue and harm your reputation.
Cease and Desist Orders: These are often used to formally request that someone stop engaging in certain behavior, such as making false accusations.
Statute of Limitations: For defamation cases in Pennsylvania, the statute of limitations is generally one year from the date the defamatory statement was made. (42 PA Cons Stat § 5523(1))

A cease and desist letter is typically sent directly to the person making the accusations, not the police, unless they are involved.

Okay, I guess I am just afraid of being labeled as such when I didn't do it but i understand that me admitting in a degree means i could be deemed at fault or guilty?

Andres Sanchez

I understand your concern about being labeled unfairly. Any prior admissions can be addressed with context and evidence. Speaking with an attorney can help you navigate this carefully.

How do I go about getting an attorney to represent me or to have just in case.

Andres Sanchez

Just a quick heads-up—I'm happy to share general legal info, but this conversation doesn't create an attorney-client relationship. If you're looking to have an attorney ready just in case, consider contacting a local law firm or a legal referral service in your area.

Andres Sanchez

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