Legal Question in Criminal Law in California

False rape accusations

Are than any charges that can be brought upon someone claiming rape even if they are not pressing charges (such as defamation of character, although it hasn't interfered with my job). The sex was consensual and she even instigated it. Now she is stating that I raped her. She has ruined my reputation. She has used the exact same scenario prior to my meeting her and the guy is serving a prison sentence for her rape. She hasn't pressed charges, but what can be done to her legally?


Asked on 6/24/08, 1:33 am

4 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: False rape accusations

If she has assests you may sue for defamation. If you have assets, then you may hire an attorney to try to get an injunction to stop the defamation as well. Contact me directly. If she files a false police report, that is crime and civil damages may be sought as well. 91765

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Answered on 6/24/08, 1:00 pm
Roland Perez Perez & Perez

Re: False rape accusations

Yes, a civil case can be filed for defamation. This is a case were you would have to pay to file the case in court. If you are interested a civil case to file would require a 10 hour retainer and a cost retainer= about $5,000.

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Answered on 6/24/08, 2:48 pm
Robert Mccoy Law Office Of Robert McCoy

Re: False rape accusations

These types of allegations are patently defamatory, meaning anyone's reputation would be damaged by such statements. As such, damage to your reputation would probably be presumed, and you would not have to show you lost your job in order to sue. I think you should call her bluff. I have always maintained that the best defense is a strong offense. I would recommend you file a lawsuit before she goes to the police with this, that way if she does go to the police, it will look like she is just doing it because you filed a lawsuit against her. It will take her credibility away, and that can be extremely important in a he said she said case.

What she has done is not normal. She may want to extort money from you or just get sympathy from her friends. Someone went to prison because of this person's lies. You may also want to contact the former lawyer for the guy in prison. This may constitute new evidence which will entitle him to a new trial.

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Answered on 6/24/08, 9:29 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: False rape accusations

I would be a bit careful here. You do not want to risk charges. Even if you don't end up like the prior guy, facing rape prosecution is no picnic.

Her credibility and ability to bring about successful prosecution wanes with each day she is not going to the police. In the meantime, as you said, she is not interfering with your employment.

Yes, I am sure you could sue her in the civil court for slander or something similar but the key to your case would be whether you can show significant damages. If your employment has not been affected, this might be hard to do. That said, you should contact a civil attorney to explore this option further, if you want.

Very best,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 6/24/08, 1:56 am


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