False Rape Allegations And Legal Ways To Fight Them Properly

Back to Blog

False Rape Allegations And Legal Ways To Fight Them Properly

Not that long ago, last December to be more precise, a woman under pseudonym of “Joanie Faircloth” posted a comment on a website claiming that the famous songwriter Conor Oberst raped her when she was a teenager. Needless to say, the word spread quickly. Nevertheless, Oberst himself denied any and all allegations and, in return, filed a lawsuit against “Faircloth” for refusing to retract her comment. It turned out that the woman was lying – she wanted attention and tried to use rape accusations as a way to become popular. Sure enough, this is a pretty sickening case, where a woman is lying about such a disgusting matter. Of course Oberst won the case, but there are weird people out there who are still enraged by the fact that he filed the lawsuit to begin with. These people are definitely quite strange, since such serious allegations could not only ruin the songwriter’s career, but he could have been imprisoned for a crime that he never committed.

With cases like this as well as the relatively recent Bill Cosby case, allegedly false rape accusations are turning into a very real and common issue for modern society. Still, it is strange how some people are claiming that Obest and his actions were wrong and that he should not have fought allegations in court, since it may prevent actual rape victims from coming out in the future. Well, the man only did what was right – he was fighting for his reputation, his career and his way of life in general. Yet, the controversy is quite real here indeed.

The very definition of rape itself is quite vast. It is not only forced sexual intercourse – it includes sexual penetration of mouth or anus and vagina by an individual, sex organ, an object or any other part of the body, using force or not, without willful consent or if the victim was unable to give any.

The Official Statistical Data

The official statistical data is claiming that the overall number of false rape allegations is no higher than 2% from all the claims. Nevertheless, in truth, the data is pretty unclear as well as convoluted, so it is not always entirely possible to determine which allegations are false to begin with. Furthermore, the police are also stating that about 10% of all rape cases are “unfounded” or false. Still, it is hard to tell exactly how many of the reports are false or genuinely inaccurate. A lot of victims are pressured into retracting their lawsuits, while some are bribed to remain silent and so on. The statistics here do not demonstrate the full picture.

When it comes to rape accusations, we are entering the so-called gray area of the law – this is when a lot of people misunderstand the very definition of rape, their memory is clouded by alcohol, they were sending mixed signals, or had no idea what sexual assault means in the first place.

At times and quite often rape accusations are really means to attract attention. For example, in one of the cases, a female college student claimed that she was raped by a group of young people. Nevertheless, later on, when a video of the act appeared, it was absolutely clear that she had given her complete consent, so the case immediately fell apart. In some cases, people are using rape allegations as a way to “get even” with their other half and do not realize how serious such extreme allegations truly are.

Despite the fact that rape accusations must never be taken lightly, it does not mean that false rape accusations cannot have a genuinely detrimental impact on a person’s entire life. For example, in one of the cases, a football star spent five years behind bars for rape allegations. However, the victim then contacted him and apologized for false accusations. Furthermore, in yet another case, an individual spent 4 years in prison out of a 20-year sentence, and only after that did the victim admit that the injuries she had were received in a fight with a group of other women. Even though both men were fully exonerated, they lost several years of their life behind bars and this had a genuinely detrimental impact on them.

In case you have reasons to believe that you were falsely accused of rape, it is very important to keep in mind that these allegations are extremely serious indeed. Hence, the very first thing that you will need to do after learning about the accusations would be getting in touch with a qualified as well as genuinely experienced Los Angeles sex crime lawyer representative at the earliest opportunity.

An Advice To follow From Los Angeles Sex Crime Attorney

You will also need to keep in mind that you need to stay as far away from the person that filed the false claim as possible. Even if you are working together, it is important to always have a third party present. Furthermore, do not try and contact that person in order to make things right on your own – anything you say or do will be used against you in court. In addition, do not use social media to get in touch with that person – this will not bring you any good. Finally, learn to control your emotions. Needless to say, being falsely accused of something as serious as rape is genuinely unfair and frustrating, but keep calm and do not let those emotions best you.

Ultimately, in case you or your loved ones were charged with rape and those allegations are false, your best chance of dealing with them would be through hiring a good attorney. Only a lawyer with plenty of experience will be able to gather all the necessary evidence and make sure that you do not become yet another victim of false rape accusations. An experienced Los Angeles sex crime lawyers will use their skills and expertise to help you manage the situation properly.

Share this post

Back to Blog