If you have been falsely accused of rape, you have legal defenses at your disposal. These include showing that the allegations have an ulterior motive, that there was no intercourse, or that the sex was consensual.
There are also numerous things that you should avoid doing, such as interacting with your accuser.
Legal defenses against rape or sexual assault
People who have been falsely accused of rape or sexual assault have several legal defenses that they can raise. Some of the strongest or most common defense strategies that the criminal defense lawyers at our law firm have used are:
- the allegations are false,
- there was no sexual intercourse,
- there was intercourse but it was consensual, and
- the alleged victim is having false memories.
Which one is best for your case will depend on the circumstances. In some cases, multiple lines of defense can be used.
False allegations
The most common defense to an allegation of rape or sexual assault that you know is false involves showing that the purported victim is lying. This can be done in several ways. For example, you can present evidence that:
- raises doubts about the veracity of the rape claim, such as the fact that you ended a romantic relationship with the accuser right before the allegations were made,
- your accuser has made false allegations of rape or sexual assault before, or
- you were not with your accuser at the time the alleged rape occurred.
By presenting evidence that makes it clear that your accuser is acting with an ulterior motive, it can raise serious doubts about their claims.
No intercourse
A more difficult line of defense is to argue that there was no intercourse. In rape cases, it is up to the prosecutor to prove that there was sexual intercourse. Evidence that undermines their ability to prove this element of the offense can include:
- facts that show that you were out of town on the night in question,
- testimony from someone other than the accuser that shows you were with them at the time of the alleged rape, also known as an alibi, or
- prior or subsequent communications with your accuser that make it clear that there was no intercourse.
In some cases, though, this can only be an incomplete defense. While it can defend against a rape allegation, it may not help for one for sexual assault.
Consent
Consensual sex with an adult is not a crime. Presenting evidence that your accuser actually consented to the intercourse can be a strong defense. It can undermine the prosecutor’s argument that the sex was nonconsensual, an argument that they have to prove beyond a reasonable doubt.
Evidence that can indicate that the sexual encounter was consensual can include:
- prior or subsequent communications with your accuser about the intercourse, or
- your accuser’s request that you use a condom.
Note that this is not a defense to statutory rape charges. Rape victims under the age of consent cannot legally consent to the act. The age of consent varies between 16 and 18 years old in America, depending on the state. In California, for example, it is 18.[1]
False memories
False allegations of rape or sexual violence can be made accidentally. In these cases, the alleged victim is confused about who committed the offense or what happened. Sometimes, they may have even developed false memories of the incident.
This line of defense relies on evidence that:
- you were not at the scene,
- you have an alibi, or
- the description of the incident is inconsistent or does not make sense.
What not to do
There are several things that you should avoid doing if you know that the allegations of rape against you are false. Doing any of these things can make the situation much worse. Unfortunately, being accused of rape or sexual assault can be traumatic. It is not uncommon for people to act emotionally in ways that they regret later on.
Most importantly, you should stay away from your accuser. There are several reasons for avoiding them:
- any interaction is likely to escalate over the allegation, potentially leading to additional criminal charges for domestic violence if there is a physical conflict,
- anything that you say may be used against you later on, and
- you can be charged with stalking or tampering with a witness.
If interacting with your accuser is unavoidable, you should:
- minimize how often it occurs and for how long,
- insist that it be in writing, and
- if it has to be in person, make sure that a trusted third party is present.
You should also avoid discussing the case on social media. Venting about what is going on can feel good, but what you say can be used against you.
Finally, you should avoid deleting the records of any communications you had with anyone, including your accuser. This includes emails, text messages, and social media posts. Deleting this data leaves a trace. If it is found, it will raise the question of why you deleted it.
Rape shield laws
Nearly all states have a rape shield law. This law prohibits defendants in a rape or sexual assault case from introducing evidence of the alleged victim’s past sexual activity in order to show that the victim consented to the sexual act.[2]
These laws, however, do let you introduce evidence of the alleged victim’s sexual past to undermine their credibility.
Rape shield laws can make it more difficult to defend against false allegations of a sexual crime.
The high cost of false allegations
Even though they are just accusations and not a finding of guilt or a conviction, false claims of rape or sexual assault can have a huge impact on your future. For example, you can:
- spend time in jail before trial if you are unable to post bail,
- face social stigmatization from people who believe the allegations and see you as a rapist,
- lose child custody rights,
- lose friends who believe your accuser or doubt your innocence, and
- have to endure very stressful situations where you have to interact with your accuser.
False allegations can also lead to a criminal conviction if they are not handled well. In the American criminal justice system, innocent people frequently get wrongfully convicted for things that they did not do. Not only would you face criminal sanctions for a serious sex crime, you would also likely have to register as a sex offender after being released.
Why false allegations are made
Your accuser can be making their false allegations for a variety of reasons. A few of the most common reasons are:
- out of revenge or spite,
- to get leverage over you,
- to manipulate you,
- to gain sympathy or attention,
- to produce an alibi for something else that they did,
- due to a mental health issue, or
- for personal gain.
If they go so far as to file a false report with law enforcement, then rape charges can follow.
Your options after proving the allegations were false
If you and your criminal defense attorney are able to show that the complainant’s rape report was false, you can:
- file a defamation lawsuit against them for knowingly making a false statement, and/or
- refer the case to prosecutors for filing a false police report.
Taking these steps can be useful if you are serious about clearing your name.
Legal Citations:
[1] California Penal Code 261.5 PC.
[2] See California Evidence Code sections 782 and 1103 EC.
