false accused of rape what lawyer do i need to sue

Is it easy to be falsely accused of rape?

Apr 20, 2021 · Then, if you have been falsely accused of rape and want to file a civil lawsuit against your accuser, you want to consult with an experienced defamation lawyer. A defamation lawyer can analyze the facts of your case and advise you how best to proceed.

Can I sue for false accusations of a crime?

If you have been wrongfully accused of rape or another sexually based crime, you should immediately contact an attorney. Not only will you need assistance in clearing your name in the criminal matter, you may need help pursuing remedies against the wrongful accuser.

Should I hire a lawyer for false allegations of child abuse?

Aug 03, 2020 · A false accusation can be devastating. Nobody wants others thinking something negative about them – especially if it isn’t even true. And there can be countless other consequences that come with being falsely accused, such as legal fees, negative publicity, loss of parental custody, unjust prison time or other sentences, and loss of employment and other …

What to do when being falsely accused of a crime?

Apr 26, 2018 · At Wallin and Klarich, our skilled and knowledgeable criminal lawyers have been successfully defending people falsely accused of rape for more than 35 years. Rape cases are often a matter of “he-said/she-said,” where the only evidence against the defendant is the word of the alleged victim.

What happens when you accuse someone of rape?

Additionally, when one person accuses another of rape, tensions are likely high, and emotions run strong. Because of this, any attempt to contact the accuser could result in the situation escalating and getting out of hand, making your case worse.

What is the third degree of rape?

Rape of a child in the third degree ( RCW 9A.44.079) When a person has sexual intercourse with a minor who is at least 14 years old but less than 16 years old. Class C Felony. Five years in prison and/or a fine of $10,000.

What is rape in the first degree?

Rape in the first degree ( RCW 9A.44.040) When a person forces another person to engage in sexual intercourse and the perpetrator (1) uses or threatens to use a deadly weapon, (2) kidnaps the victim, inflicts serious injury, or (3) feloniously enters into a building or vehicle where the victim is situated. Class A Felony.

How many rape allegations were made in 2018?

The penalties can be very serious, but you can fight the accusation! Find out what to do in this article! According to the Bureau of Labor Statistics’ National Crime Victimization Survey, there was a total of 734,630 self-reported allegations of rape/sexual assault in 2018. However, research shows that false allegations ...

What does an attorney do?

Your attorney will protect you against any potentially self-incriminating evidence that might be used against you in court. Additionally, know that you have the right to call a lawyer while you are at the police station, and you do not have to speak without a lawyer present. 4. Stay Away From the Alleged Victim.

Can you speak to the police without representation?

Don’t Speak to the Police Without Representation. If you are questioned by the police before you have contacted an attorney or without your attorney present, do not divulge any unnecessary information. After the accusations are reported, the police are likely to try to find you as quickly as possible.

What happens if you report a false rape?

Still, the consequences of a false report of rape can be devastating to the life of the one accused. Often, the mere suggestion that a person has done something is enough to convict them in the court of public opinion.

What to do if you are wrongfully accused of rape?

If you have been wrongfully accused of rape or another sexually based crime, you should immediately contact an attorney. Not only will you need assistance in clearing your name in the criminal matter, you may need help pursuing remedies against the wrongful accuser.

Can a prosecutor side with a false accuser?

Some prosecutors side with the false-accuser even after the evidence clearly reveals that the claim is false, believing it could be an honest mistake, a difference of opinion regarding consent, or a cry for help from someone suffering in other ways at the hands of the one they wrongfully accused.

Do prosecutors want to prosecute rape victims?

Moreover, prosecutors and law enforcement do not want actual rape victims to fear possible criminal sanctions for reporting legitimate rapes if it later becomes impossible to prove the case. As a result, very few false claims are ever prosecuted criminally.

Can false statements be civil liability?

But, false statements to police, to the media, or to family and friends may give rise to civil liability.

Can you fight back if you are wrongfully accused of rape?

This can have life changing effects, lead to loss of employment opportunities, public ridicule, and emotional harm. As a result, it is usually possible for one wrongfully accused of rape to fight back.

What is a criminal charge against an accuser?

Independently of a civil lawsuit for false accusations of a crime, a criminal charge may also be made against someone who deliberately accused you of a crime they knew you didn't commit with the intent of spurring wrongful prosecution and harm to your reputation.

What is a civil lawsuit for defamation of character?

Your lawsuit must show that this person knew or should have known that their statements were false, but made them anyway in order to deliberately harm you. A civil lawsuit for defamation of character via false allegations of a crime can come in two forms: slander and libel.

What is a defamation of character lawsuit?

A defamation of character lawsuit over libel or slander also seeks to compensate the plaintiff for damages regarding humiliation, embarrassment, and mental anguish after being falsely accused of a crime. Though these aren't actual monetary losses, their value as damages can be calculated by an experienced attorney.

What is the difference between slander and libel?

The difference is that slander involves oral or spoken statements made to a third party (someone other than yourself), while libel involves written, visual or Internet-based depictions which were published or publicly posted for others to read. For slander, Texas law and federal law both provide civil penalties.

Why did the state delay the trial?

The state delayed the trial many times to gain an upper hand as did Neal when the situation was one sided for the state. Each time you are charged with a crime, it is a gamble on the outcome. But like a gambler, you got to know when to hold them, know whem to fold them. Neal plays cards very well.

Can a district attorney be sued for false imprisonment?

However, your civil lawsuit for malicious prosecution or false imprisonment could target a private prosecuting attorney.

Is a false accusation of a crime a defamation?

Whether slander or libel, a false accusation of a particularly serious crime may be considered by a court as an offense that is "actionable per se," or "defamatory per se.". In other words, whether written or spoken, a false allegation against you of a serious crime, such as rape or murder, can be the basis of a defamation ...

How to defend against false accusations?

Defending Against False Accusations. The first step you probably want to take when being falsely accused is getting a lawyer. Remember, after all, that you may have a case for suing for damages at the end of this. But that will require a not guilty verdict for you, which is much more likely with a good lawyer.

What is the first option for a civil lawsuit against a false accuser?

One of the first options for pursing a civil lawsuit against a false accuser is defamation, which comes in two forms: slander and libel. A defamation suit in general is just one that claims that the defendant made some kind of statement about the plaintiff that was untrue, but there are several aspects that are required to find a guilty conviction. These include:

What is the danger of false accusations?

The Danger of False Accusations. False accusations occur when someone is accused of doing something they didn’t do. This can happen in any number of ways, varying from: Knowingly falsely accusing someone of a crime. Unintentionally falsely accusing someone of a crime. Accusing the wrong person of a crime.

How can a defamatory statement be published?

That means that a defamatory statement can be published by being spoken out loud, recorded on a video or audio recording, published on social media, written in a newspaper or digital publication, posted on YouTube or some other video platform, shared in blog posts, and any other number of methods.

How long can you go to jail for falsely reporting a crime?

In most states, this will be a misdemeanor charge, which can come with up to a year in jail and a fine. The more severe the crime that was falsely reported, the more likely it is to have a more serious sentence, sometimes even leading to a felony charge.

What happens if you are falsely accused?

And there can be countless other consequences that come with being falsely accused, such as legal fees, negative publicity, loss of parental custody, unjust prison time or other sentences, and loss of employment and other positions. The good news is that you may have a path for legal recourse to gain some justice in your situation.

What are the defenses to defamation?

There are some defenses for defamation cases. One is absolute privilege. While it seems like kind of a strange law, this protects “judicial officers, attorneys, jurors, witnesses in legislative proceedings, legally required publications, and statements made by a party during trial or in a pleading.”.

Why do lawyers take the accusations lightly?

This is because they often take the accusations lightly. Their innocence tends to blind them from seeing the imminent danger. With such an attitude, they often prison without knowing it. Eventually, the lawyers will have a hard time proving your innocence.

What to say when accusing someone of a crime?

Many clients usually say ‘If I just have a few words with the accuser, I may save myself.’ We have never seen that turn out well. Once you are accused, such thoughts should be discarded from your mind immediately. Having any contact with your accuser can make matters worse than they are. By doing that, you will be helping the complainant to build a strong case.

How do plea deals reduce sentences?

Most plea deals tend to reduce your sentence. No matter how good the plea deal is, try and avoid it as much as possible. Any great lawyer will tell you to keep off the plea deal and take your chances. You might end up taking a plea deal, and yet you would have won the case.

What to say when arrested in court?

During your arrest, the police will read your rights as they handcuff you. The only phrase to pay attention to is ‘You have the right to remain silent.’ As lawyers, we always advise our clients to make use of that rightfully. Keep your mouth completely shut. This is because anything you say can and will be used against you in the court of law.

What does a good attorney look for in a case?

A good attorney will look at every angle and collect all the evidence without living any behind. These include text messages, call logs, and anything to prove you are being accused falsely. This is the only way you will be able to prove that you are not the perpetrator.

How to avoid making matters worse?

This is because anything you say can and will be used against you in the court of law. To avoid making matters worse, simply ask for a lawyer. So far, those are the only words you should utter. Exercising this right will give us an easy time when dealing with the case.

Do lawyers know which stones to turn?

They tend to know which stones to turn and which ones not to. They will also know if you are too incriminated for them to take a deal. Any move your lawyer takes will be critical to the case. Those are just some of the benefits of a good lawyer when being falsely accused. There are quite many more.

What to do if your lawyer feels it is possible to argue your case without doing so?

So, even if your lawyer feels it is possible to argue your case without doing so, demand that she call expert witnesses who can assess interviewing techniques or discuss human suggestibility or memory distortion. In addition, convictions are won by convincing juries that you are an evil and perverted person.

What to do if a lawyer refuses to help you?

If the lawyer refuses, get another one. If you must use a public defender, try to insist on one who will listen to your questions and return your phone calls. Public defenders are often underpaid and overworked, but many are dedicated and competent. Stay involved.

What to do if you are innocent?

If you are innocent, you have nothing to be ashamed of. It is important to contact friends and family members early in the process. Tell them what happened. People tend to form opinions quickly and take sides. Do not give a statement to the police without a lawyer present.

Can police lie to you during interrogation?

It is also legal for police to lie to you during interrogations, saying things like, “We have proof that you are guilty, so you might as well confess and we’ll go easy on you.”. Gather support. Organize a defense fund or, even better, find someone to do that for you.

Can a guilty verdict send you to prison?

Don’t panic. Just before trial, it hits home for many people that a guilty verdict could send them to prison for many years. If offered a plea bargain, they accept it.