Legal Question in Criminal Law in California

False rape accusation

My friend was recently incarcerated for domestic violence. While he was in jail, some girl that he'd recently slept with (unprotectedly) claimed that he raped her. Her story was all mixed up and the officer in charge of the case said he didn't believe her but handed it over to the D.A. Is there any legal recourse my friend can take against this girl for plotting such a horrid scheme?


Asked on 7/18/07, 10:31 pm

1 Answer from Attorneys
David Kaloyanides David J.P. Kaloyanides, A Professional Law Corporation

Re: False rape accusation

If charges are filed, he needs to get the case dismissed or be acquitted after trial. Then he can see if he has a case against her for filing a false police report. He would need to hire a CIVIL lawyer for that, not a criminal defense lawyer.

But if charges are filed, and he takes a negotiated plea agreement, he with then have admitted certain conduct relating to the accusation. He won't have any recourse.

Even if he is acquitted, there is a chance that he cannot bring a case because he would have to prove factual innocence, not merely that he was not convicted in a criminal case. The burden of proof in a criminal case is much higher than in a civil case.

In any event, he needs to consult with counsel if he is charged with any kind of sexual assault.

Read more
Answered on 7/18/07, 10:54 pm


Related Questions & Answers

More Criminal Law questions and answers in California