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However, you need to learn how to keep your emotions in check, which means taking responsibility about what your next steps are and learning how you can protect yourself. It’s both an angering and frustrating thing to be accused of rape. Keep in mind the fact that anything you say or write will be able to be used against you in a court of law, as per Miranda Rights.
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Do not under any circumstances attempt to use social media to contact your accuser (i.e., Twitter, Facebook, or Instagram). Any such communication should also include the statement of any facts. Also, attempt to limit any communication between you and your accuser and try to encourage that all communication between the two of you are in writing, such as email or text messages.
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If you find there is not way to keep away from your accuser, due to child custody arrangements or employment, attempt to make sure a third party is present in order to act as your witness. Until this occurs, stay away from your accuser to prevent them from making any further accusations against you. Chances are an evidentiary hearing will happen that will permit you to state your side of the rape accusation case. Stay away from the person who is accusing you until you can legally defend yourself. A criminal defense attorney can also guide you and assist you with the steps necessary to proceed against the rape allegations. If somebody accuses you of rape, the first thing you need to do as soon as you are informed by the authorities of the rape accusation against you is contact a criminal defense attorney such as Sevens Legal, APC, who will then respond to the allegations and defend you against the rape charges facing you. In addition to being sent to prison, you could face fines as well as loss of your job. Even if you feel the allegations appear ridiculous, the consequences from them can be long-lasting.
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If you feel you have been wrongly accused of committing rape, you must take the rape allegations seriously. Although both men eventually were released from prison, they had spent years behind bars waiting, and hoping, the truth about their rape allegations would be revealed. After he served four years of a 20 year life sentence, his accuser, Biurny Peguero, confessed that injuries she had received was not due to McCafrey raping her but rather the result of a fight she had with several woman. A similar case involved William McCafrey in New York. When Gibson later contacted him and apologized, admitting she had fabricated the whole rape attack, he was later exonerated. For example, California football star Brian Banks spent five years behind bars after classmate Wanetta Gibson accused him of rape. Even being falsely accused of rape, the results can have tragic consequences. Many times rape accusations are made by a partner against their former partner to try and “get back” or “get even.”Īlthough rape allegations are never something that should be taken lightly, neither are unfounded rape accusations. The cell phone video showed she had consented to the sexual encounter. Later, when cell phone video surfaced, the accusation fell apart. A female student at the University claimed a group of men raped her. A case occurring in 2009 at Hofstra University is an example. Sometimes rape accusations are actually cries for attention or an attempt to cover up what might be considered an embarrassing moment. These gray areas include what could be considered mixed signals, memories deluded by alcohol, and the misunderstanding of what actually constitutes a sexual assault. Where rape allegations are concerned, there is a gray area in some cases. Situations such as these only serve to further the debate. There are some cases where women who are actually rape victims are not believed, are pressured into recanting their statements, or just charged with falsely reporting a rape allegation which was then later actually vindicated. However, not all of the reports classified by authorities as “unfounded” are in fact false. But based on the available data, there is an average of 8% to 10% of reported rape allegations that the authorities determine are “unfounded.” The Slate website reports that the official data relating to what is termed “unfounded” rape reports by law enforcement (i.e., reports the police have determined have not taken place) is both conflicting as well as unclear because of the results from differing local procedures and policies. It also includes unlawful sexual intercourse or sexual penetration of the anus or mouth, as well as the vagina, of a person, by a sex organ, foreign object, or other body part, with or without force, if the victim does not give their consent or is incapable of giving their consent.Ī common estimate of the amount of false rape allegations is about 2% of all reports of rape. The definition of rape goes beyond just forced sexual intercourse.