Legal Question in Criminal Law in Pennsylvania

False Rape Accusations

A friend of mine use to date this girl and they broke up. She continued to call him and show up at his house and she would tell him that it's not over and will never be. She went to his house they got into an argument and she cut him on his hands because he was trying to defend himself by not getting cut on the face. She told him if you think when i cut you up was bad, wait until you see what i do next. The next thing you know she has the police with her at his door and tells them that he raped her. They haven't had sex in a long time. When you cry rape,don't you have to prove it and wasn't she supposed to go to the hospital and aren't they supposed to take pubic and semen samples from the both of them? He is in jail and the case is on hold now. What does that mean when a case is on hold. Plus he was in jail years ago for drug charges and is on probation. He is a good person that was trying to accomplish things in life. Is he going to have to go to jail if they find no evidence because of his past? He erased all the messages she would leave him. Now she is saying that she never knew him before.Can they check phone records.

Thank you.


Asked on 11/12/04, 12:07 pm

2 Answers from Attorneys
Mark Johns Mark Johns, Esquire

Re: False Rape Accusations

Rape is a very serious charge and carries a major sentence. Phone records can be subpeonaed and the lack of a rape kit would certainly be evidence in his favor. I offer free consultations and accept major credit cards. I also offer payment arrangements.

As he was on probation he may be held on a detainer until a hearing or the Rape charges are disproved. Otherwise he may be entitled to bail.

Read more
Answered on 11/12/04, 12:25 pm
Matthew Schelkopf Chimicles & Tikellis

Re: False Rape Accusations

Rape is extremely, if not impossible, to prove without some sort of physical evidence, mainly semen. Your friend will have to establish that she is a liar and her motivation was retailiation for not wanting to be with her. One way to do this is show there was a prior relationship. If she claims she never knew him and then your friend has witnesses that state they were in a relationship for over 1 year approximately 2 years ago (for example) this will show she is not being truthful. Keep in mind, criminal cases must be proven beyond a reasonable doubt. Feel free to contact me for representation.

Read more
Answered on 11/12/04, 12:56 pm


Related Questions & Answers

More Criminal Law questions and answers in Pennsylvania