We recently represented a young man in his early 20s who began dating a young woman. Their relationship lasted for few months. During their relationship, they engaged in consensual sexual activity between 30 to 50 times. They had sex between 10-12 times in a state park at night in the young man's car.
On one of those occasions, while the young lady admitted they began having consensual sex, she alleged it became more rough than she preferred and told him to stop. She claims he did not stop and she became visibly upset. The truth was that the young man stopped as soon as the young lady indicated she was upset.
Ultimately, the young lady filed a civil protection order against him and a police report. She told the civil court and the police that the young man admitted to raping her on a voice recording. The police confronted the young man and threatened him with arrest if he did not turn over his phone. Frightened of losing his liberty, he turned over his cell phone.
He called our office understandably scared and confused. Once involved, we revoked his consent to search the cell phone. We communicated the revocation of consent to the prosecuting attorney. We conducted our own investigation and shared that investigation with the officer. By effectively communicating the true facts of the story to the investigating officer and the prosecutor, we were able to resolve the case for our client without charges being filed. The prosecutor agreed not to present the case to a grand jury. The case was closed and our client was relieved.
Our client had been forced to undergo unnecessary stress and worry related to the prospect of a felony rape charge, prison time, and lifetime sexual registration requirements but thankfully he did not have to face a courtroom or the risk of trial.
If you or someone you know has been falsely accused of rape, do not hesitate to contact us at 513.932.2115 for a free consultation.