False Accusations in Relationship and Date Rape Cases

Published: 15th December 2008
Views: N/A



Forcible rape and attempted forcible rape between people who know each other make up a sizeable percentage of the false accusations in the criminal justice system. The cry of rape or abuse is a familiar cry when a relationship goes sour or when a woman has second thoughts after a night of sex or near intimacy. While there are certainly legitimate claims of rape and attempted rape, from the defendant's perspective there are good reasons to view each claim with skepticism. Relationship rapes and date rapes are closely related and the techniques to defend each are similar. In any case or situation like this, an experienced rape defense lawyer in San Diego





The reasons for the accusations vary as do the situation, the character and personality of the alleged victim. In the system, you can see questionable accusations when relationships go sour and the woman is rejected or tossed aside for another woman. Sometimes in more casual relationships the woman makes an accusation after drinking too much alcohol and engaging in sex. The morning after she realizes what she has done and an accusation follows to protect her pride, cover her embarrassment, or justify to her significant other.





Sometimes with younger women the issue of sex is still very delicate. An accusation can arise if a young woman regrets a sexual act because it does not sit well with her present psyche. Again, alcohol is often a factor in these cases.





Sometimes the mental stability of the alleged victim is a major factor in making an accusation. All experienced rape defense lawyers have seen the young man who falls for a beautiful but unstable young woman and is accused of rape after they break up or go farther than the woman's mental state will allow.





Also, usually "no means no" to a woman. A man can easily interpret "no" as "yes." He may think she is trying to show that she is not easy. Unfortunately, the trend in most states is that when a woman says "no" it means consent to proceed has been withdrawn, even if in the throes of great passion.





In a rape defense it is important for the lawyer to understand all of the circumstances of the relationship or the situation. A detailed minute by minute account is necessary to understand whether the rules have been broken. Many times if there is simply a misreading of signals, the benefit of the doubt will be given to the defendant. Most jurors have been in multiple sexual and intimate situations and they can understand mixed signals.





The more you can show that the woman gave off all of the signals of a willing participant, the better your chances of success. The witnesses to her earlier drinking and provocative conduct can provide good evidence that the defendant thought she was desirous of consensual sex. While most states' "rape shield" laws go far in protecting the history of the alleged victim, your lawyer should find out as much as they can about the alleged victim's history. Due Process requires you to be able to defend yourself and a good lawyer can usually find information that is admissible and sheds light on her character.





Your attorney must be prepared to contest the medical evidence if the alleged victim went to a hospital or a sexual assault response team. The current trend is for these medical personnel to testify that the alleged victims had physical injury to their vaginal area. What is usually found are microscopic abrasions that are a result of the friction of intercourse. Sometimes the prosecution's medical personnel try to say these micro-abrasions are inconsistent with consensual sex.





The research shows that micro-abrasions don't mean anything negative. They are as consistent with consensual sex as well as anything else. Your lawyer must be prepared to cross-examine these alleged experts aggressively. Your lawyer should also have a counter-expert ready to testify and counter the prosecution's expert.





If the accusation comes out of a relationship breakup, look carefully at the mental history of the alleged victim. Many times young men fall in love with very defective young women. A symptom of certain personality disorders seen in young women is the inability to handle rejection. A person they once idealized quickly becomes their archenemy and is subject to false accusations of rape.





In any rape or attempted rape accusation you must find the motive of the alleged victim to lie. These cases of false accusations can be defended successfully, but you must find the motive. It is the key to the jury understanding why the young lady would go so far as to make such a serious false accusation of rape against you.





William F. Nimmo is a well known criminal defense lawyer based out of San Diego whose firm handles violent crime and sexual assault cases throughout Southern California. Bill Nimmo was awarded the trial lawyer of the year award by the San Diego Criminal Defense Bar Association and in 2008 was given a Top Criminal Attorney award by San Diego's legal newspaper. He can be reached at 619-702-9484. His firm's website can be viewed at http://www.nimmolawgroup.com

Report this article Ask About This Article


Loading...
More to Explore