Legal Question in Criminal Law in North Carolina
False Rape Allegations
What are the statue of limitations on rape and what can a person do when falsely accused?
1 Answer from Attorneys
Re: False Rape Allegations
In NC charges frequently brought years later, esp.
when involving minor who has never told of occurrence
while young. My longest time lag was 2 1/2 years
between date of alleged incident and charges.
What to do? Get lawyer and deny. Very often the
charges arise during a custody or contested adoption by new husband
since allegations of sexual abuse are the nuclear first
strike in a custody case. It makes you look like an
animal and makes the mother have services of all
social welfare agencies. Generally, she can get a judge
to limit your contact or stop it entirely.
When case involves only testimony by child with
no physical evidence, e.g. medical exams showing
irritation or tearing; no DNA material, etc.
Becomes a swearing contest where the child may be
believable unless defendant has great alibi evidence.
These are very hard cases and very unfair cases for
the innocent accused because he must prove more than in
a normal case. Good luck.
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