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?

Asked on 10/14/99, 10:18 am

1 Answer from Attorneys

Donald Gillespie Attorney at Law

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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Answered on 10/15/99, 5:31 am

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