Legal Question in Criminal Law in Colorado

Re: If found innocent

Under the facts of this case as I understand them,

which is a so-called "she said vs. he said accusation scenario", with no independent eyewitnesses, there is virtually no possibility that it could ever be definitively proven (beyond reasonable doubt) that the accuser lied and, therefore, as they say in the law, the rest of your question is moot.

Re: If found innocent

When a jury finds a person not guilty, they are finding only that. They are finding that the prosecution did not prove their case beyond a reasonable doubt. While a jury may believe that a victim is lying, they do not make specific findings that a witness did indeed lie under oath. There will be no proof at the end of the trial that the victim lied.

The prosecution is bringing a case forward believing in the veracity of a victim. They will not then turn around and charge her with perjury.

The State of Colorado never reimburses a person who has been accused of a crime and then acquitted. There is no authority for it. Nor will the State charge the victim for the expense. The State is bringing the case forward, not the victim.

A person who is accused of a crime always has the option of suing someone for wrongfully accusing them of a crime. The standards of proof are different. It would be a civil lawsuit, not a criminal action. Money damages could be awarded.

Re: If found innocent

Attorney Deborah Grohs is a Colorado lawyer and I'm not. Theoretically an acquitted defendant can sue his or her accuser for false arrest (if it can be proved by a preponderance of the evidence that the accuser lied). Theoretically also, a false accuser could be prosecuted, but this almost never happens. As a practical matter, the accuser probably doesn't have any money that could be won; the prosecutors would look pretty foolish if they were to file charges against the alleged victim; and Mr. Bryant would probably want to get on with his life.