False allegations of rape are not a new phenomenon. In December, a woman named Joanie Faircloth accused Connor Oberst of rape. She posted in the comments section at a popular website that the acclaimed singer-songwriter had raped her when she was a teenager. Oberst denied these claims and pressed charges against the accuser- who later admitted that she was lying and used the pretext of rape to gain attention.
Rape accusation has been one of the most widely debated topics in the world. In the Faircloth-Oberst case, many individuals came out in support of their favorite singer. An equal number of individuals criticized Oberst’s decision to bring a libel suit against Faircloth as such a move can intimidate real victims of rape from coming forward- despite the fact that Oberst was innocent.
On an average, 8-10% reported rape cases are categorized as “unfounded” (cases where the police determine that the rape never even took place). Only 2% come under the head of false allegations. In some cases, the victim is pressurized or coerced to recant their statements.
Neither rape nor false rape allegations are taken lightly. If you or any of your loved ones have been accused of rape (albeit falsely), the impact could be more detrimental and far-fetched than you can imagine. On charges of raping one of his classmates, a California High School football star was sentenced to five years imprisonment. Similarly, on account of false rape allegations, William McCafrey had to spend four years in prison. His 20-year sentence was cut short when the accuser admitted that her injuries were not due to rape.
What to do next:
Keep away from the Accuser
Whenever you are accused of rape, there will be an evidentiary hearing. At such proceedings, you will be allowed to present your side of the case. Until such time, avoid any contact with the accuser and stay as far away from him or her as possible. This will prevent them from making any further accusations.
Hire an Attorney
A skilled and competent law firm, such as Konsett Law Firm, will be able to respond and help you prepare the best defense case against any accusations you’re facing. Ideally, you should contact a lawyer as soon as someone presses rape charges against you. The lawyer will guide you with all the necessary steps on how to proceed with caution.
Assess the Accuser’s Motive
In most of the false rape allegations, the accuser has some other motive in mind. Try to assess as to why the person is accusing you of rape. In some cases, a jealous ex pushes rape charges to get even. In other cases, you might believe the sex was consensual on your part, but it might be forced in view of the other person (especially under the influence of alcohol or drugs).
Keep your Calm
False rape allegations can be disheartening and frustrating. In any case, try to keep your emotions intact. Behave responsibly and act maturely at all times. Do not approach the accuser on your own and try to defend yourself. Instead, let your lawyers deal with it and take some time off to cool down.
California statutes enlist several “Rape Shield” laws that defend an innocent from false rape allegations. These rules are pursuant of Evidence Code Section 1103 and apply in the following instances:
Rape in Concert
Oral Copulation; and
To learn more about rape laws and defenses against false rape allegations, contact Konsett Law Grouptoday!
Criminal Defense AttorneyDefending False Rape Allegations
I am an alumni adviser for a fraternity at USC. The chapter was involved in a disciplinary action with the university. After receiving unusually harsh and unfair sanctions from a student/faculty review committee, our chapter sought counsel from James Kosnett. He attended a hearing with USC administrators, and prepared a compelling written appeal.