What do I do if I am accused of rape?

Question

The only reason I can think of for her saying this is because I moved out and I am not helping her with bills now. There is absolutely no proof of it happening because it didn't. Her daughter called me and said "I just found out you raped my mom,don't get in contact with her anymore or I will kill you." I am not sure if she called the police. Should I do anything? Can they arest me just because someone makes an accusation like this?

William C. Gosnell · Answer

Hire a criminal defense lawyer immediately.

Howard Collins · Answer

The accusation is certainly not enough for a conviction; but in this world, the accusation can cause a lot of problems for career, reputation, etc.  Any person who is willing to make this accusation without foundation is a hazard to you.  I would simply get out of her life as quickly as possible and never look back.  In the meantime however, I would probably retain an attorney in case she ever reports it and you are called in for questions.  In the words of a police officer that I have spoken with about legal investigations: Never talk.  Retain your right to remain silent.  Consult with an attorney.  Anything you say to anyone, other than your attorney, can be used against you.  Thanks.

Jason Smith · Answer

Yes, if you are accused and the accusation is reported to the police and they investigate, you could be charged with rape.  You have the right to remain silent.  Use it.  And call an attorney.

Michael Palumbo · Answer

This is a very serious situation which is totally inappropriate to attempt to answer in this forum. You need to retain legal counsel now. You need to understand that you may, very soon, be falsely accused of a major felony, but there are steps you can take NOW to prevent this. However, you need to understand that a lawyer such as myself is going to charge you $400.00 an hour, but it will be the best money you ever spend.

Theodore W. Robinson · Answer

First, anyone can make a bogus claim against anyone else, however, they stand to  be charged with the crime of filing a false instrument if they do and it's not  true. You should immediately consult with a criminal defense lawyer who can  defend you and help you preserve your rights. I suggest that without a rape kit  and an immediate physical examination proving tearing of the vaginal area, etc.  it is extremely unlikely that you will be charged or convicted of rape. In the  meanwhile, it is best to stay away from her and her daughter. As for her  daughter, if she threatened to "kill you" then that constitutes a Violation of  Aggravated Harassment in NYS and you can have her arrested and/or charged with  it if you wish.  The best thing to do now is to consult with a local experienced criminal lawyer  right away. Good luck.

Jules N. Fiani · Answer

Consult with a lawyer who can specifically look into your details of the matter and can help you resolve it. If you have any further questions feel free to contact me.

Thomas Tomko · Answer

The best advice that I can give is to hire an attorney to advise you after sharing the details with the attorney.  You should NOT make any statements to anyone about this because these statements could be used against you later.  You should NOT speak with an investigating officer about this, because the officer's job is to get you to incriminate yourself.  Any explanation you give will not exonerate  you.  At best, your statements can be neutral.  Therefore, you should not consent to questioning.  CSC 1st is a life offense.  You need to retain an attorney to attempt to avoid any charge and to avoid any bad results  I hope that this was helpful

Seth Bloom · Answer

If someone formally accuses you of rape and files a report with the police then you are very much at risk of being arrested.  You should hire an attorney as soon as possible to determine whether or not charges have been filed against you and to determine whether or not some sort of settlement can be reached before they are.  The sooner you begin working on your defense the better.  Because of the very serious potential penalties associated with rape charges this is not something you should attempt to handle on your own.  If you are seeking legal representation in this matter in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation.

Andrew Subin · Answer

This is obviously a serious allegation. If you are contacted by the police, don't make any statements whatsoever.  You should have the number of a good attorney that you can call if there is an investigation into this rape allegation.

Leonard Harden · Answer

Save all documentation regarding bills and timing.  Collect witnesses names and addresses of those people who have seen you with her, or who can vouch for your character.    There are often no direct witnesses to sexual assaults.  In NH there is no requirement for corroboration, so yes a witnesses testimony is all that is needed for a conviction.   Whether or not the police have been contacted, I would be very concerned about the allegation and take steps to try to preserve proof of a motive for her to fabricate, the bills.  I would also gather names and contacts for potential witnesses.  It is also very important that you not speak to the police or make any statements.  If you are charges you will also want to get the best attorney you can in your area.  I would strongly suggest that you get an attorney that handles exclusively criminal defense, belongs to state and national criminal defense organizations and has the best reputation in you area.    Good luck.

Craig Elhart · Answer

Charges can be brought if there is probably cause to believe that a crime was committed and you committed it.  Probably cause is a very low standard of proof in the law.  At this time, there is nothing that you can to that will help.  Talking to the police is not a good idea.  I would contact a lawyer for advise.  If charges are brought, for there to be a conviction, the prosecutor would have to prove the case beyond a reasonable doubt.  It sounds like there is a good defense.  Again, a lawyer may be able to help you and will be able to provide good advise.

Mark Schamel · Answer

They can absolutely arrest you based on a "credible" allegation. You should hire a lawyer immediately and get information and witnesses together to prepare a defense and possibly go to a prosecutor or detective proactively. The sooner you hire counsel the better. Much easier to handle this before a charge is filed.

Jeff Yeh · Answer

It's possible. Rape is an extremely serious allegation. Hire a good lawyer before you do something foolish, such as talk to DA investigators and incriminate yourself.

Jared Austin · Answer

Have you been officially charged with a crime? Have the police even tried to contact you? They will need some sort of evidence to proceed with criminal charges and one person's word isn't good enough. If you are charged, seek out an experienced criminal attorney immediately. Don't agree to anything or talk to the police or anyone about the case without consulting with a lawyer first. Also, if someone is making death threats to you over the phone, that is a crime. Report it to the police. You may even be able to seek a protective order against her.

Kevin O'Grady · Answer

If someone has made an accusation of rape against you, you should hire an attorney immediately.  When the police come to interrogate you, you should remain silent and ask to call your attorney whom you have already hired. You can also speak to you attorney with regard to the specifics of the case, before the police start their investigation, and have your investigation proceeding already.  Don't wait until they interrogate and arrest you.

Timothy Klisz · Answer

They would have to investigate first. If the police contact you, say nothing and call my office immediately to consult.

Terry Nelson · Answer

CAN they arrest you?  Of course, if she files a complaint.  If that happens, What can you do?  Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict.  No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice to exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except an attorney about the case.  That includes on this or any other web site or public forum.  Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation.  If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

Steven Decker · Answer

You can always be arrested, however, your case will be improved if you remain silent and don't add any additional evidence to the prosecution by attempting to talk to the police in an effort to explain yourself as most certainly your words will be twisted.

Andrew Roberts · Answer

Retain an attorney. Do not say anything to anyone.

Eric M. Mark · Answer

They can arrest you based on a complaint if she went to the police. That is a very difficult situation to be in. If the police come to speak with you, bring you to headquarters or arrest you, DO NOT say anything. Do not waive your rights. Insist on speaking to an attorney. You may want to consider speaking with and having an attorney retained prior to this happening so you are prepared if it does. Of course, if she hasn't gone to the police, you will be stressed out about this and nothing will happen. Feel free to call me for a no-charge consultation.

Maureen Baldwin · Answer

This is a very serious matter that cannot be casually answered in a blanket e-mail. I am an attorney in Santa Clara County. You need to discuss the whole case with an attorney. Cases this serious should not be casually discussed on a Q&A Message Board. There is not a simple generic answer.

Charles Shaw · Answer

Make no statements to anyone without advice of counsel. If it results in a criminal charge hire an attorney at once.

Eric Rothstein · Answer

Can they? YES. Will they, who knows. How long ago does the person claim the rape was? The longer the less likely the police can find any physical or forensic evidence. If you know when she claims this happened, see if you have an alibi and try to firm it up. Were you somewhere there was surveillance? You should get it or get a lawyer to do so. Were you on the phone? Get the record to prove it. Has the girl said anything about it in a text, facebook, etc.? If yes, print it out.  I had a similar case where a girl claimed her ex kidnapped and robbed her. We proved it was b-s and the police locked the girl up for making a false report.

Gabriel Dorman · Answer

Immediately contact an experienced criminal defense attorney to thoroughly evaluate your case. It is impossible for you to get any sort of accurate response to a rape allegation on a forum like this. If their is any opportunity to better your situation at an early phase of the process then you really need a lawyer to start fighting for you ASAP. I hope this answer was helpful. Good luck.

Jeremy Geigle · Answer

You should contact an attorney immediately.  Do you need an attorney? YES!

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What do I do if I am accused of rape?

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