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How Do I Fight a False Rape Allegation?

Posted on January 31, 2023

Being accused of rape can have lifelong repercussions. Whether the allegation was made out of malice or through misidentification, the fact remains that you may now be facing charges for a crime you didn’t commit. Here is what to do next.

What To Do About a False Rape Allegation

After you hear about a false rape allegation, contact a Colorado Criminal Defense Attorney immediately. Ask about the laws concerning rape charges, common defenses, and the potential penalties of a conviction.

Save Money

Unfortunately, fighting a rape allegation can be expensive. Start saving money because proving your innocence will be worth every penny.

Stay Calm

Although you are likely feeling incredibly angry, avoid the person accusing you of rape at all costs. Additionally, refrain from discussing the case with anyone or posting about it on social media, and think all of your actions through carefully.

Preserve Evidence

Preserve any evidence that might relate to the incident. This includes, for example, documents or records such as photos, texts, social media posts, emails, phone and GPS records, computer records, etc.

Write Down the Details

Create an account and timeline of any encounters with your accuser while they are still fresh in your memory. By writing the details down now, you may discover something that can be used to discredit the allegation.

Witness List

Lastly, create a detailed witness list of anyone who might be able to testify in your case and make a note of whether they could help or harm your case. For example, people who knew of your whereabouts around the time of the alleged incident or who can be called as character witnesses by you or your accuser.

What To Do if You Are Arrested Due to a False Rape Allegation

If you are arrested following a false rape allegation, keep the following in mind:

  1. Remain silent. Although emotions are running high, exercise your right to remain silent. Anything you say in the heat of the moment can hurt your case.
  2. Don’t sign, agree, or admit to anything until you speak to an attorney.
  3. Write down all the information you can about the arrest, including the encounters you had with police officers, such as whether they had a search or arrest warrant or whether your rights were infringed upon.
  4. Call a Colorado Criminal Defense Attorney as soon as possible if you have not hired one already. It is critical to have representation at your first hearing when you must enter a plea.

An arrest can happen out of the blue, which causes a great deal of stress and anxiety. However, recognizing your rights and taking the proper actions can directly impact the result of your charges.

Defenses to False Rape Allegations

Potential defenses to false rape allegations will depend on the unique circumstances of your case. However, some of the more commonly used defenses include the following:

  • The sexual contact was consensual, and the accuser is lying because they are embarrassed, ashamed, or regrets it.
  • You have an alibi for the time of the alleged rape. However, the alleged victim could change their story later about the timing of the incident.
  • Witness testimony about the alleged victim’s actions before or after the alleged rape, as well as those who can speak to a motive for the false accusation.
  • DNA evidence collected on the alleged victim’s clothing or in a rape kit is not yours. However, the presence of more than one person’s DNA can complicate this defense.

Do not let false rape allegations ruin your life. Instead, schedule a free consultation with a skilled Colorado criminal defense attorney today.