That's up to the crown, not a defense lawyer / insurance service. And then the public will outcry if you jail accusers, real accusers will stay mum etc... So it's a moot point. You're better off with the insurance, hoping it can be proved malicious and recover the fees from the accuser. It'd probably do more to stop them from doing it again opposed to 3 months of un-monitored probation and an apology.