Forced rape and attempted forcible rape between people who know each other, either by accident or otherwise, constitute a significant percentage of false accusations in the criminal justice system. The cry of rape or abuse is a familiar cry when a relationship turns sour or when a woman has doubts after a night of sex or near intimacy. While it is true that there are legitimate claims of rape and attempted rape around the world, from the perspective of the accused there are good reasons to view each claim with skepticism. Dating rapes and dating rapes are closely related, and the techniques for defending each are similar.
The motives for the accusations vary, as do the situation, character and personality of the alleged victim. Questionable accusations are seen in the system when dating or love affairs break down and the woman is being rejected or abandoned by another woman. Sometimes in the more casual dates, the woman makes an accusation after drinking too much alcohol and having sex. The next morning, they realize what they have done and an accusation is filed to protect their pride, cover their shame, or justify a situation to their boyfriend or partner.
Sometimes, in younger women, the subject of sex remains very sensitive and the accusation comes after giving in and realizing afterwards that what they have done does not sit well with their current psyche. Again, alcohol is often a factor.
Sometimes the mental stability of the alleged victim is an important factor in making an accusation. All experienced rape defense attorneys have seen the young man fall in love with a beautiful but unstable young woman and end up being charged when they break up or go beyond what the woman’s state of mind allows.
And frankly, men are often too driven by their sexual desires to be careful in their judgments about who they are trying to sleep with. Men view sex completely differently than women for the most part. Men are very capable of enjoying sex and not thinking about anything afterwards except how much fun they had. Women may claim that this is how they feel, but the facts of these accusations show that it is much more difficult for them to accept it as a senseless act of pleasure. It is in these cases that false accusations arise.
Also, many times “no means no” to a woman. A man can easily interpret “no” as “yes”. He thinks she’s just trying to show that it’s not easy. Unfortunately, the trend in most states is that when a woman says no, it means that consent to proceed has been withdrawn, even in the midst of great passion.
In a rape defense, it is important that the attorney understands all the circumstances of the relationship or situation. A detailed minute-by-minute account is necessary to understand if the rules have been broken. Many times, if there is simply a misreading of the signals, the benefit of the doubt will be given to the accused. Most jurors have been in multiple sexual and intimate situations and can understand conflicting signals.
The more you can show that the woman gave off all the signals of a willing participant, the better your chances of success. Witnesses to his previous drinking and provocative behavior can provide good evidence that the defendant thought he wanted consensual sex. While the “rape shield” laws in most states are highly protective of the alleged victim’s record, your attorney should find out as much as possible about the alleged victim’s record. Due process requires you to be able to defend yourself, and generally a good attorney can find admissible information that sheds light on your character.
The character of the accused for not being sexually aggressive can be important. It is admissible evidence to show that you are not sexually aggressive. Past girlfriends, girlfriends and co-workers, and friendly ex-wives can be a good source for this evidence.
Your attorney should be prepared to challenge medical evidence if the alleged victim went to a hospital or response team for a sexual assault. The current trend is for these medical personnel to testify that the alleged victims had physical injuries in the vaginal area. What is usually found are microscopic abrasions that are the result of friction from intercourse. Sometimes the medical staff of the prosecution tries to say that these microabrasions are incompatible with consensual sex.
Research shows that microabrasions do not mean anything negative. They are as consistent with consensual sex as with anything else. Your attorney must be prepared to aggressively question these suspected experts. Your attorney should also have a counter-expert ready to testify to the contrary of the prosecution’s expert.
Allegations of date rape aren’t limited to just the youngest people. It occurs across the age spectrum where single men date women of questionable stability.
If the allegation arises from the breakdown of a relationship, take a close look at the alleged victim’s mental history. Young men often fall in love with very flawed young women. One symptom of certain personality disorders seen in young women is the inability to handle rejection. A person they once idealized quickly becomes their arch enemy and is subject to false accusations of rape. If your jurisdiction allows, your attorney should obtain a psychological evaluation of the alleged victim. If your jurisdiction does not allow it, you should investigate your record thoroughly. With a psychologist to guide your efforts, you will likely find evidence to support your theory.
As part of your investigation, look for past instances of credibility problems on the part of the alleged victim. Review your work history and try to find your ex-boyfriends. You are likely to find a history of lies and deception.
In any allegation of rape or attempted rape, you must find the alleged victim’s motive for lying. These false accusation cases can be successfully defended, but you must find a motive. It is the key for the jury to understand why the young woman would go so far as to make such a serious rape accusation against her.