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If you have been falsely accused of raping someone, there are several legal defenses that you can invoke to protect yourself. These include asserting that:
There are also certain courses of conduct that you should avoid, as they usually make things worse.
A legal defense is an argument that either:
The prosecutor has the burden of proving every element of the crime beyond a reasonable doubt. In California, the elements of the crime of rape are:
3 common legal defenses to raise are that there was consent, there was no intercourse, or that the allegations are false. Supporting these defenses can be tricky because these allegations often become “he said, she said” disputes.
Sexual intercourse is a crime if it was nonconsensual. To consent to the intercourse, the woman must have:
Women can initially consent to having intercourse only to withdraw it before the act is complete.[3]
However, you can have a justifiable and reasonable belief in consent if you actually and reasonably believed that:
The prosecutor has the burden of proving, beyond a reasonable doubt, that this was not the case.[5]
While none of the following circumstances proves consent or the lack of it, they can be strong factors:
Prosecutors have to prove that there was sexual intercourse in order to prove a case of rape.
Sexual intercourse is any penetration by the penis into the vagina, no matter how slight.[7]
The more reasonable doubts you can raise about this offense element, the better. Some common or strong pieces of evidence include:
You can also present evidence that the allegations are false. This generally involves showing that she is making them for an ulterior motive. She may be falsely blaming you out of:
Some circumstances that may support this legal defense are that:
It depends on the elements of the sexual assault claim.
For example, most sexual assaults involve sexual conduct that does not involve actual intercourse. Therefore, the defense that there was no intercourse would not apply. Meanwhile, claims of statutory rape do not require a showing that the sex was nonconsensual. Anyone under the age of consent cannot legally agree to have sex. All sexual activity is nonconsensual. Therefore, the defense that there was consent would not apply.
If you have been accused of committing a rape that you know you did not commit, it can be difficult to not react emotionally. However, some common reactions can make things worse. A few courses of conduct to avoid are:
These can make it appear that the allegations are true. In some cases, they can even lead to additional criminal charges, like stalking or domestic violence.
Additionally, a few things that are often good to do are to:
Hiring a criminal defense attorney from a reputable law firm will not just defend you against potential rape charges but also provide you with a sense of security. Their legal advice comes from experience in helping other innocent people overcome other fake rape reports. They will have a much better idea of how to move forward.
False rape accusations are knowingly false claims that you raped someone. They are made by people who know that no rape took place. Some common reasons that false rape claims are made are to:
Even though they are false, false accusations of rape have severe repercussions on your future. Before you can defend yourself in the rape case, you may:
Proving that the allegations are false is extremely important. Once proven to be false, you may have legal recourse against the accuser. In some cases, you may file a defamation lawsuit against the complainant. The alleged victim of rape may also be brought through the criminal justice system for filing a false police report with a law enforcement officer.
Legal References:
[1] California Criminal Jury Instructions (CALCRIM) No. 1000.
[2] Same.
[3] Same.
[4] Same.
[5] Same.
[6] Same.
[7] Same.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.