One of the reasons rape cases are so difficult to prosecute is because the cases often come down to one person’s version of events versus another person’s version. Even if there is physical evidence that confirms the two parties had sex, one may claim it was consensual while the other claims it was rape. Sometimes it turns out that the alleged victim actually made up the whole story. In these cases, the person who originally claimed to be a victim may end up needing their own Oceanside sex crime attorney to help them fight charges related to falsely reporting a crime.
When People Lie About Sex Crimes
The most important thing to know about false reporting charges against those claiming to be a rape victim is that these situations are not a common occurrence. Even in cases where a person genuinely lied about being raped, there is usually not enough evidence for the prosecution to bring up charges against them. Additionally, prosecutors want to be very certain they are not filing charges against someone who actually was raped, which could not only punish the victim for simply reporting what happened to them, but also discourage other victims from reporting rapes.
That means that in most of these cases, the prosecution will have some compelling evidence to prove their case. This might included testimony of a close friend or relative or a journal entry, text or email where the alleged victim admits they made the accusations up. In many cases, police are able to get the suspect to confess that she made up the allegations, which is why it is critical even someone who claims to be the victim of a crime have a Oceanside sex crime lawyer at their side if they believe their story may be questioned.
Potential Penalties for False Reporting
Falsely reporting a crime is a misdemeanor in California, punishable by up to six months in jail. If the suspect has a prior conviction for this crime on her record, she could face felony charges. In some cases, those who falsely accused someone of rape may face additional charges such as fraud or extortion depending on the specifics of the crime and the suspect’s motivation for making such claims.
If these cases go to trial, these cases can be particularly difficult to win because many men are terrified of being victims of false rape allegations while women tend to be angered by the fact that fake accusations make things more difficult for women who have actually been raped. That is why it is so important to always hire a top Oceanside false reporting attorney when you have been charged with making up accusations against someone else.
If you have been accused of falsely reporting a crime, particularly a sex crime, call an Oceanside criminal lawyer as soon as possible in order to protect your rights. You can schedule a free initial consultation with Peter M. Liss by calling (760) 643-4050.
Creative Commons Image by In Memoriam: DaveBleasdale