QUESTION
What can I do if my ex girlfriend is accusing me of rape?
Asked on Oct 01st, 2011 on Criminal Law - Hawaii
More details to this question:
I am being investigated on a charge of rape which I did not commit. Police are trying to interview me. What should I do?This is a false charge by an old girlfriend with a vendetta to hurt me. I need to talk to someone asap.
18 ANSWERS
Do not speak to the police without legal representation. The innocent are the ones who need the protection of a good lawyer the most. The police may have decided you are guilty and will couch the interview on their terms. Do not let that happen. Statements can intentionally or unintentionally be misconstrued. What you believe is helping you may be used to hurt you. I have seen it happen many times. You need a strong lawyer in front of you.
Answered on Oct 06th, 2011 at 2:45 AM
3 Awards
That's real serious. You need to be quiet, talk to no one, and hire the best attorney you can to protect you.
Answered on Oct 05th, 2011 at 11:32 PM
You need to consult with a criminal defense attorney immediately. Do not allow yourself to be questioned by police no matter what claims they make about helping you if you cooperate. They are looking for ways to arrest and convict you. Only allow questioning with you attorney present. Do not make the mistake of thinking you can handle this yourself. Rape is a very serious crime which carries heavy penalties. You must retain criminal defense counsel.
Answered on Oct 05th, 2011 at 11:31 PM
Drunk Driving Attorney serving Spencer, MA
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Law Office of Ernest T. Biando LLC
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Rape is a very serious charge. You need to retain an attorney even before the charge is official as anything you say to the police will be used against you.
Answered on Oct 05th, 2011 at 11:30 PM
I would certainly not speak to the police without an attorney present, if at all.
Answered on Oct 05th, 2011 at 11:30 PM
All criminal cases are fact driven. What you should do is based on the facts of your case. for instance if she is saying you raped her at a specific time and date and you can prove you were somewhere else you would have that proof ready when you are interviewed. If she says you raped her and it was consensual sex then the proof would be different and you would need to proceed differently. The main thing you need to do is hire an attorney and do not talk with any one without your attorney with you.
Answered on Oct 05th, 2011 at 2:15 PM
Criminal Defense Attorney serving Charlotte, NC
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Olsinski Injury, Family and Criminal Lawyers
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You need to talk to an attorney in your area. It may be advisable to talk to the police to prevent charges from being filed, but it would not be wise to talk to the police without an attorney present.
Answered on Oct 05th, 2011 at 2:10 PM
You need to stop and call an attorney. Do not speak to the police without the advice of a lawyer. The police are allowed to lie to you about the evidence that they have. Once you have spoken to the police you are locked into a defense, and it is very difficult to change your strategy. Even statements made to the police on the phone can be used against you. Before you do anything else hire a lawyer.
Answered on Oct 05th, 2011 at 2:09 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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Absolutely, positively do NOT answer any police questions or discuss this with anyone except your attorney (or prospective attorney during a consultation). Assume every phone call, email, text and conversation is going straight back to the police to be used against you. If they have enough to arrest you, they will. If they don't, why would you want to help them build a case against you. A rape allegation is nothing to mess around with. With the harsh sentencing laws in place, not to mention lifetime registration as a sex offender if convicted, this is not to be taken lightly. Contact a local criminal defense attorney that routinely practices in the court where this case may be. You should look for a lawyer that focuses on nothing but criminal cases, has extensive felony trial experience (many attorneys have trial experience, but they may be low-level misdemeanor cases) and one you feel comfortable with.
Answered on Oct 05th, 2011 at 2:04 PM
Contract Negotiations Attorney serving Miami Lakes, FL
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Florido & Associates, P.A.
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Please do not speak to the police until you've consulted with an experienced attorney. You are not required to assist the police and can invoke your 5th amendment right.
Answered on Oct 05th, 2011 at 2:03 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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First of all, do not agree to talk to the police. At least, not without a lawyer being present. Keep in mind that you always have the right to refuse to talk to the police. If it is truly made up, they will have a very hard time pursuing such a charge based on nothing else than one person's word.
Answered on Oct 05th, 2011 at 2:02 PM
Criminal Law Attorney serving Santa Ana, CA
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The Law Offices of Christopher J. McCann
1 Award
You need to get an attorney immediately. Do not talk to the police without one. If you are going to speak to them at all, you will make that decision only after talking to your attorney about the pros and cons. Even then, if your attorney's presence better ensures that the time, place and length of the questioning, as well as the questions asked, are fair and not harassing. Don't wait until you get charged!
Answered on Oct 05th, 2011 at 2:01 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Law Offices of Peter A. Duarte
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You need to talk to a criminal defense attorney before you talk to the police. If you are inclined to speak to the police have your attorney present. Even innocent statements made by you to the police could be taken out of context.
Answered on Oct 05th, 2011 at 1:48 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You need to talk to a lawyer in your area BEFORE you talk to any police, if you ever do. Police will twist your words and if you leave anything out then they will say you are lying. This is a very serious charge.
Answered on Oct 05th, 2011 at 1:46 PM
3 Awards
Rape is a very serious charge that could include a lifetime of prison, parole and probation, so the only way to deal with this is to hire an excellent criminal defense attorney beware of the pre-text phone call - the girl calls and pretends to be nice and just wanting closure or just to talk - she tries to get you to admit to some facts that the cops need to prove but cannot - may be that she said no or that she was really drunk or that you are sorry or that you had sex at all the police are recording that call and they are trying to get you to say something that hurts you and helps them do not talk to the police without an attorney - easiest way to get put in jail rape is too serious to ignore or pretend that it will go away.
Answered on Oct 05th, 2011 at 1:38 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You are in an extremely difficult and SERIOUS situation. You need to hire an attorney NOW. You do not say how old you are and how old she is. If she is 16 or under and you are over the age of 18, that is statutory rape. Even if she welcomed the sexual act and then changed her mind, or lied to you about her age, you are in trouble because she is a minor and cannot consent. Period. No discussion. You need a good attorney to work with you on this. A conviction carries with it prison time and the label of "sex offender" which will follow you for the rest of your life, and for which you will be required to register.
Answered on Oct 05th, 2011 at 1:33 PM
Criminal Defense Attorney serving Seattle, WA
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The Law Office of Michael Morgan, L.L.C.
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Tell the police the advice of counsel of your not answering any questions until you have the opportunity to consult with an attorney. It may be tempting to try to explain yourself out of this situation with the police but please don't try.
Answered on Oct 05th, 2011 at 1:32 PM
If the police are trying to interrogate you for a felony charge of rape, you should hire an attorney immediately. Then be sure to remain silent and ask for your attorney to be present each and every time the police try to interrogate you. Once you hire an attorney you and he can begin your own investigation.
Answered on Oct 05th, 2011 at 1:19 PM