Falsely accused of rape

[bmn331]

What is the name of your state? Florida

I am being falsely accused of rape. What I would like to know is can the accusers actions AFTER the supposed rape occured, ie: her lifestyle, going out to bars including the one I met her in, leaving with different men in the same fashion she left with me, drinking and drug use, sexual encounters, be admissible in court?

Thank you in advance for your help.

 

[seniorjudge]

Q: What I would like to know is can the accusers actions AFTER the supposed rape occured, ie: her lifestyle, going out to bars including the one I met her in, leaving with different men in the same fashion she left with me, drinking and drug use, sexual encounters, be admissible in court?

A: Sounds irrelevant to me.

 

[garrula lingua]

bmn, prostitutes (both men and women) CAN be victims of rape.

No, however she acted afterwards, does not provide a defense to the elements of rape.

Usually, the basic elements the Prosecutor has to prove is:
You penetrated her (some jurisdictions require less), and
it was not consentual.

 

[bmn331]

Q: What I would like to know is can the accusers actions AFTER the supposed rape occured, ie: her lifestyle, going out to bars including the one I met her in, leaving with different men in the same fashion she left with me, drinking and drug use, sexual encounters, be admissible in court?

A: Sounds irrelevant to me.

For my own education purposes would you mind elobarating a little and explaining to my why it's irrelevant? Thank you.

 

[bmn331]

bmn, prostitutes (both men and women) CAN be victims of rape.

No, however she acted afterwards, does not provide a defense to the elements of rape.

Usually, the basic elements the Prosecutor has to prove is:
You penetrated her (some jurisdictions require less), and
it was not consentual.

I am VERY aware that prostitutes, and men and women alike CAN be victims of rape but thank you very much for reminding everyone else.

 

[Just Blue]

For my own education purposes would you mind elobarating a little and explaining to my why it's irrelevant? Thank you.

If the victim had sex with every man in town it is irrelevant to her claim of rape against you. No is NO despite how many yeses came before or after.

 

[outonbail]

Every person is in control of their own body. They have the right to choose who does what with their body, when and where.
Whenever they want someone to stop touching or using their body for any purpose, they have the right to say stop. Even if they initially wanted to have sex, if they say no when your member is a hair away from insertion, you have to respect their wishes.

When you have sexual contact with another person against their will, it is illegal. Even if it was right after they finished screwing the entire NY giants football team.

So if someone told you no, even though they were naked and on their back breathing heavy, you do not have permission to go ahead and have your way with them because of how you choose to interpret their behavior.

No is a very simple word with a simple meaning. Everyone has the right to say no when it comes to what they are willing to do with another person. It doesn't matter what they wear, how they act, who else they said yes to, or what they waved in front of your face. They can not "ask for it" for any reason you can think of, when they say NO!

This is one of the big differences between us and four legged animals.

Have I elaborated enough?

 

[garrula lingua]

Every person is in control of their own body. They have the right to choose who does what with their body, when and where.
Whenever they want someone to stop touching or using their body for any purpose, they have the right to say stop. Even if they initially wanted to have sex, if they say no when your member is a hair away from insertion, you have to respect their wishes.

When you have sexual contact with another person against their will, it is illegal. Even if it was right after they finished screwing the entire NY giants football team.

So if someone told you no, even though they were naked and on their back breathing heavy, you do not have permission to go ahead and have your way with them because of how you choose to interpret their behavior.

No is a very simple word with a simple meaning. Everyone has the right to say no when it comes to what they are willing to do with another person. It doesn't matter what they wear, how they act, who else they said yes to, or what they waved in front of your face. They can not "ask for it" for any reason you can think of, when they say NO!

This is one of the big differences between us and four legged animals.

Have I elaborated enough?

great post

 

[Just Blue]

different men in the same fashion she left with me, drinking and drug use, sexual encounter

And this will hurt your case. If the victim was drunk and on drugs she can't consent to sex.

 

[Just Blue]

great post

His post are always great.

 

[bmn331]

Every person is in control of their own body. They have the right to choose who does what with their body, when and where.
Whenever they want someone to stop touching or using their body for any purpose, they have the right to say stop. Even if they initially wanted to have sex, if they say no when your member is a hair away from insertion, you have to respect their wishes.

When you have sexual contact with another person against their will, it is illegal. Even if it was right after they finished screwing the entire NY giants football team.

So if someone told you no, even though they were naked and on their back breathing heavy, you do not have permission to go ahead and have your way with them because of how you choose to interpret their behavior.

No is a very simple word with a simple meaning. Everyone has the right to say no when it comes to what they are willing to do with another person. It doesn't matter what they wear, how they act, who else they said yes to, or what they waved in front of your face. They can not "ask for it" for any reason you can think of, when they say NO!

This is one of the big differences between us and four legged animals.

Have I elaborated enough?

This is a great post I agree with you on that, no does mean no and I've said no myself. I wasn't asking about what "no" means or what a person has a right to do with their body. I guess I should have elaborated a little more when I asked the original question. Please understand my situation, this whole thing has turned my entire life upside down. I lost my job as a result, that and the economy have contributed to losing my house and my vehicles and I almost lost my family. Now I'm staring down a possible 15 years in prison where I could very possilble be raped myself. I DID NOT rape her. If I'm innocent why am I worrying? Because #1 15 years my kids will be 15, 17, 18 and 21 when I get out. 2nd there is absolutely NO evidence it is a "he said she said" case. In her own statements to detectives, police and hospital staff her story changes several times. This case has gone through three detectives, the second which had admitted to me that he did not believe her the one with over 20 years experience, trained and educated to do what he does. The third of which picked this case up 6 months after the allegation, did no further investigating and then 2 months later obtained a warrant for my arrest. BTW I was arrested at my home in front of my four children and all the neighbors EIGHT months after the allegation. This has sent the neighborhood into a frenzie...so much for innocent until proven guilty. I voluntarily let the police retrieve the clothing that I was wearing that night and gave a statement. I admitted to my wife that I had cheated on her before I even knew that this girl had reported rape. My wife has forgiven me and stands behind me 100%. I have NEVER been forceful with any humanbeing. Yes, I cheated on my wife for which I regret and will for the rest of my life, not because of these charges, but because I hurt her emotionally. There is a ton more I could write here but can't because this case is still active. I'm grasping at straws here because of the "he said she said". I really just thought that her actions afterwards could display her credibility, even a past conviction of filing a false police report along with numerous drug convictions, forgery and theft. Our lives (me and my family) hang in the balance and I'm not too sure, even though innocent, and having a hard time trusting 12 strangers to decide my fate. Justice prevails right? Read "The Innocent Man" and tell me yes. And what's my recourse when this is all said and done? Probably nothing. She would have to admit to lying in order to be charged herself. She's taken it this far I really don't see her doing that. Yeah, sure I could bring civil action but come on what's the chance that I would win. Emotionally this has detroyed us, unable to seek professional help due to lack of insurance but can't get goverment assistance because we work, yet she has all the unneeded help right at arm's length. While I agree with some laws put in place to protect the victims but some are just too strong and inhibit the ability of the innocent to defend themselves properly. I do feel for those who have truly been raped, I can't even imagine the pain and bleakness, but this whole situation will forever taint whether or not I believe someone has been truly raped in a he said she said case and that is truly sad. And as you all are probably saying right now along with all the others that have said "Well, if you had never cheated in the first place this wouldn't be happening" save it, because "if I had just left the house ten minutes earlier I wouldn't have been in that car wreck"!!!

 

[garrula lingua]

Prtior misdemeanor convictions of crimes of moral turpitude and any felony conviction can be used at trial to discredit a witness.

Prior convictions for filing a false police report and theft may seriously damage her credibility with the jurors.

As the victim, she has to testify. Your attorney can cross-examine her, as long as the Judge allows the convictions in (the false police report should be allowed into evidence).

Still, her sexual behavior with others is not relevant to your charges or defense.

 

[outonbail]

Well, lacking physical evidence, such as signs of force, rough sex, a struggle, swollen wrists and bruising consistent with pinning a person down against their will, scratches across your face, torn clothes, no use of protection etc. credibility can certainly play a strong roll in deciphering the truth.

However, one big question is what does the girl hope to gain from setting you up? Are you incredibly wealthy? Did you once date this girl and break her heart? Does she have some grudge against you and/or your wife? In other words, if she is lying and taking the lie this far, what do you suspect would be her reason for this? What is she hoping to gain by this deception?
What is your relationship with her and where did this alleged rape take place?
When you had this consensual sex, at what point did it turn ugly? Did she finish her part of the encounter with a smile on her face and smoke a cigarette or did she suddenly turn into a different person just before the fireworks started?

How about your criminal history? Have any assault or sexual allegations/charges in your history? Alcohol or drug related troubles? Domestic violence? Mental health issues?

Did she go to the hospital immediately after your encounter? You claim that the detective picked this case up six months after the fact, but you also claim to have given them the clothes you were wearing that night. So when did they request your clothes? Were they already washed? When did you have time to confess this incident to your wife if they were there asking you questions this same night? What proof do you have that her story has changed? Could it be changing because she was heavily intoxicated at the time you saw the green light?

How intoxicated were you that night? Were any sex drugs involved, like Ecstasy?

As was already mentioned, if she had her blood taken and was found to be heavily intoxicated or drugged, she could claim she was unconscious or unable to resist and you were aware of this fact. That is a hard hurdle to get over, especially if you are much older than her.

What type of case was it you claim she filed a false police report in and is it something you can prove?

All of these things will come to light at trial. But in my unprofessional opinion, her motive for lying is what you're attorney needs to establish. Without her having any motive to harm you, I'd say try to make some sort of plea deal.

You can also expect her to look like the virgin Mary with a good supply of alligator tears while the DA keeps supplying her tissue to wipe them away while speaking words of comfort, telling her to take her time and apologize for how sorry he is to make her re-live the nightmare all over again. So you may want to practice a little crying yourself.

Bottom line, you need the best attorney money can buy and you need the best investigator money can buy and if she's making this all up you need to find someone she has spoken to about the experience.

 

[bmn331]

[

Well, lacking physical evidence, such as signs of force, rough sex, a struggle, swollen wrists and bruising consistent with pinning a person down against their will, scratches across your face, torn clothes, no use of protection etc. credibility can certainly play a strong roll in deciphering the truth.

However, one big question is what does the girl hope to gain from setting you up? Are you incredibly wealthy? Did you once date this girl and break her heart? Does she have some grudge against you and/or your wife? In other words, if she is lying and taking the lie this far, what do you suspect would be her reason for this? What is she hoping to gain by this deception?
What is your relationship with her and where did this alleged rape take place?
When you had this consensual sex, at what point did it turn ugly? Did she finish her part of the encounter with a smile on her face and smoke a cigarette or did she suddenly turn into a different person just before the fireworks started?

How about your criminal history? Have any assault or sexual allegations/charges in your history? Alcohol or drug related troubles? Domestic violence? Mental health issues?

Did she go to the hospital immediately after your encounter? You claim that the detective picked this case up six months after the fact, but you also claim to have given them the clothes you were wearing that night. So when did they request your clothes? Were they already washed? When did you have time to confess this incident to your wife if they were there asking you questions this same night? What proof do you have that her story has changed? Could it be changing because she was heavily intoxicated at the time you saw the green light?

How intoxicated were you that night? Were any sex drugs involved, like Ecstasy?

As was already mentioned, if she had her blood taken and was found to be heavily intoxicated or drugged, she could claim she was unconscious or unable to resist and you were aware of this fact. That is a hard hurdle to get over, especially if you are much older than her.

What type of case was it you claim she filed a false police report in and is it something you can prove?

All of these things will come to light at trial. But in my unprofessional opinion, her motive for lying is what you're attorney needs to establish. Without her having any motive to harm you, I'd say try to make some sort of plea deal.

You can also expect her to look like the virgin Mary with a good supply of alligator tears while the DA keeps supplying her tissue to wipe them away while speaking words of comfort, telling her to take her time and apologize for how sorry he is to make her re-live the nightmare all over again. So you may want to practice a little crying yourself.

Bottom line, you need the best attorney money can buy and you need the best investigator money can buy and if she's making this all up you need to find someone she has spoken to about the experience.

I can't really get into too many details as this is an open case and I have been formally charged. I will say this though, I don't have any drug, battery, assault charges....A dui many years ago and have not been in trouble since excluding what is going on right now. I did not slip her any drugs nor am I aware that she took any other than smoking pot. My intentions that night were not to sleep with someone, I was out with a buddy and she approached me and WE went too far, consensually. She gave directions to the place where we had sex consensually, come to find out later those directions took us right past her house twice. Her motives? I'm not wealthy, we are a one income household with 4 children under the age of six. I did not know her before that night. I do know that she has a metal plate in her head from a car accident years ago, she lives with her parents and her minor child. So your guess is as good as mine though I do have a few ideas.

I do not know what she filed a false police report about, I just know she served time for it because it's a matter of public record.

I have an attorney, a good one at that, and I'm confident of him. I just came on here to get a few linguring questions answered that bother me when I think of them. I know I should just ask him and that's what I'm paying for, I just want to be educated....I'm sitting on the edge of my seat all the time, it consumes almost every thought....it's the weekend, his office is closed so I just found this site. That and I guess I'm seeking a little comfort that there is some light at the end of the tunnel and was hoping to find people in my similar situation so I could compare notes.

As far as finding someone that she has spoken to, does that need to be someone who is willing to rat her out or can it just be like her parents? That is something that my lawyer has never brought up.

 

[bmn331]

I thought about this a little....I mean how am I supposed to know if the lawyer is doing all that he can, I'm just supposed to trust him? With all said I think I might have a little bit of a trust issue right now. It's hard to trust strangers especially when it's your life you are talking about, so I just want to be a little educated and be an active participant in my defense.