false rape allegation

[law2006]

What is the name of your state? CALIFORNIA

My question: Is there a criminal penalty for making a false rape allegation?

Story:
Recently a very good friend of mine was thrown in jail on the false claim of rape. The claim came from a young woman, 25 yrs old. My friend and the accuser have known eachother for many months and have hung out before. They were out one night and went to an Xmas party and were having a great time. Several witnesses confirm she was all over him, and later we found out that she instigated all of the sex led my friend back to a hotel. After having sex, she did get sick from drinking too much. Later that night after trying to sleep she just woke up and freaked out. Stormed out of the hotel and went to the police. My friend was later arrested.

He was released, all charges were dropped. Police did their investigation etc., they found NOTHING! The only thing was this girl's word and my friend and his family and all of us have been through so much because of this.

Does this woman carry any criminal liability? How do we press charges?

Any advice would be great! Thanks you!

 

[CdwJava]

My question: Is there a criminal penalty for making a false rape allegation?

It is a crime to make a report of a crime knowing that the allegation is false. That's the key - KNOWING. Not being charged, having charges dropped, or even being found "not guilty" is NOT the same as showing the crime never happened or that the accusation was knowingly and intentionally false.

The scenario you outlined would make it almost impossible to prosecute as there is no indication that she knowingly and intentionally made a false report. Unless she confesses to someone that she made the story up or made the accusation knowing the act was consensual, this is going nowhere.

The accused can pay an attorney and try to sue her, but if he is waiting for criminal charges, he can keep waiting.

- Carl

 

[law2006]

Thanks for responding Carl.

I find it particularly amazing that the drunken words of woman can be taken so far that an innocent person is arrested and charged with RAPE. While there is no physical or forensic evidence to support such a charge. Only words.

I just don't understand. The act was consensual. Why can't my friend then go to the police and have charges filed against her for KNOWLINGLY filing a charge of false rape. Based on his word.


What is the criteria and process for issuing a warrant to arrest a rape suspect?

Because in this situation, a drunk woman's words is all it took. By this rationale, my girlfriend could go to the cops after having sex with me and cry rape. I can then be arrested.

Unbelievable.

 

[CdwJava]

I find it particularly amazing that the drunken words of woman can be taken so far that an innocent person is arrested and charged with RAPE. While there is no physical or forensic evidence to support such a charge. Only words.

There may well be witnesses that corroborate some portions of the story. Because YOU characterize her as "drunk" does not make it so. Whether she is believable or not may be an issue for a jury.

besides, if she WAS that drunk, then she likely could not lawfully give consent for sexual relations.

I just don't understand. The act was consensual. Why can't my friend then go to the police and have charges filed against her for KNOWLINGLY filing a charge of false rape. Based on his word.

Because without a mindreader or a confession, you cannot prove that she made a false accusation KNOWING it to be false.

What is the criteria and process for issuing a warrant to arrest a rape suspect?

The District Attorney has to request an arrest warrant from a judge. If a judge finds that there is sufficient probable cause to believe that a rape occurred and that the suspect may well have committed the rape, then a warrant can be issued.

Because in this situation, a drunk woman's words is all it took. By this rationale, my girlfriend could go to the cops after having sex with me and cry rape. I can then be arrested.

I suppose. But the accusation is a far cry from an indictment.

- Carl

 

[stephenk]

"and later we found out that she instigated all of the sex"

How did you find out? If it is just your friend's statement to you that doesn't make it true.

"While there is no physical or forensic evidence to support such a charge. Only words."

What were you expecting to find? if she was so drunk that she became sick after the sex act, she may not have been able to give consent in the first place.

The DA may have decided not to press charges not because they believe your friend is innocent, but that she was so drunk it would be difficult to get a clear picture of what happened.

Face it, your friend took advantage of a drunk girl that may or may not have been date rape. Tell your friend to let it go and learn from the experience.