False Statements?

Question

If someone files a false rape claim on someone what will happen to them after it is resolved? I know filing the report is a Class A misdmeanor, but is there anything more serious that can be done? That is a very serious accucation and I am wondering whats next?

Answer 1

the issue here is going to be proof.  it is hard to prove the claim was false.  

basically, either the "victim" would have to admit to this, [and even that might not be enough for criminal charges], or it would have to be something really egregious, like the rape "victim" or "rapist" was provably on a different continent when the crime allegedly occured, or there'd have to be some other type of smoking-gun evidence.

Answer 2

Ok people, let's get real here.  First of all, you are innocent until proven guilty.  At the same time however, when someone files a criminal complaint on another individual, it is law enforcement's duty to fully investigate the situation and present all facts in a court of law.  Secondly, criminal penal codes and their definitions differ depending on what state you reside in.  

For example, I live in California and in this state we have several separate penal codes for rape and the circumstances in which they can occur in.  We have Rape by Force, Rape by Intoxication, Rape by Threat/Fear, Statutory Rape (victim under 18 years of age) just to name a few.

So, for you to assume that the statements of rape are false indicate you are closely associated to the accused.  If the evidence found fits the description of one of your state's definitions of rape, then no false statement has been made.  Whether or not this individual is found guilty or all charges are dismissed none of us can predict since that will be up to a jury of 12 men and women.  

Assuming all charges are dropped, the accused can file a civil suit against the accuser to recover monetary compensation for damages and lost time.  Depending on how much time was spent investigating the case and how ridiculous the accusations were to begin with will determine if law enforcement will charge the accuser with making false statements, delaying a peace officer, making statements to make another liable, etc.

Answer 3

First of all. A finding of not guilty or a dismissal of the charges is not the same as a false statement.

In order to get a conviction or a civil award for false statements, the state or plaintiff would have to prove that the person intentionally lied to police or made a false report. Sometimes that is really easy to do, sometimes that is really hard.

Answer 4

the accuser could prolly be sued for $ by the accused