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False Accusations Of Rape, Sexual Imposition, And Sexual Battery

Rape is a horrific crime. Being falsely accused of rape is equally horrific. The consequences for being found guilty range from three to eleven years in prison, life in prison if the victim is a child, and lifetime sexual offender registration. If accused, you need an experienced attorney. Do not wait until you have been charged to call a lawyer. Contact a criminal defense lawyer who has successfully defended sex offense cases if you are contacted by the police before speaking with anyone about the accusations.

Recent cases we handled are illustrative of how false accusations can affect the falsely accused. In one case, a college student we represented was accused of rape and burglary by a co-ed acquaintance who had awakened on a strange garage floor after a night of binge drinking. She had come to the conclusion that she had been raped after being interviewed by the police, although she had no recollection of actually being violated. She did have bruising on her knees but no other physical evidence of any type of abuse. What she did remember was being with our client and, after talking with a female detective, she came to the conclusion that she must have been raped. 

After several weeks we proceeded to a hearing where the testimony and evidence showed that she (the alleged victim) was hanging all over our client; that there was no evidence of any type of sexual activity; that she was embarrassed because she already had a boyfriend and everyone knew she had been with my client all evening. Finally, her Facebook posts the following day made no mention of being traumatized, but her Facebook posts did show her having a great time with friends on the night she claimed she had been raped. After hearing the testimony, the case was thrown out, but the college initiated the case as a disciplinary matter and expelled our client for one year.

Another recent case involved a 16-year-old girl who claimed that she had been raped three months earlier by our client. The accusation arose when this 16-year-old's father and our client got into a heated argument regarding a business deal. In that case we were able to establish that there were no marks ever noticed by family members; no bruising; no scratches, torn clothing, etc. The details of the alleged incident made no sense and those details changed each time she told her story. Finally, we established that the very next day after the alleged rape she had reached out to another man (over 18 years of age) to see if he was interested in having sex. The case was dismissed.

Charles H. Rittgers started his career as an assistant Warren County prosecutor and remembers detectives bringing a case where the accusation was that the alleged victim had been raped in a house that had not been quite finished--it was a newly constructed home. The detectives were the best in the county at the time and they did do their due diligence by interviewing everyone who had seen the couple together on the night in question. The couple had been at a local establishment where they both had been drinking and the alleged victim had been seen hugging and kissing the accused throughout the evening. They were seen leaving the establishment together arm in arm. After polygraphing and going through the necessary details required in putting together a case, the man was never formally charged based on the extensive investigation by the police. This is how the process should work.

There are many, many examples of false accusations. The worst are those that arise against a step-parent or a new companion because the ex-spouse is out for revenge or is overly accusatory and interrogates his or her child after every visitation. Such interrogations do lead a young child to believe something has occurred when the truth is that nothing happened.

Sexual acts against adults and children are horrible. False accusations of sexual battery, sexual assaults, rape and gross sexual imposition are equally horrible and can be just as devastating for the falsely accused.

Please call our office for a free consultation if you have been contacted by the police or accused of a sexual oriented offense. 

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