Rape - FALSELY ACCUSED

What is the name of your state?What is the name of your state? CALIFORNIA

PLEASE HELP!!

A very close friend of mine is presently incarcerated as he fights a bogus case of sexual assault. Let me explain...... My friend is being falsely accused of rape by a female who was raped by another indiv. in the recent past. Not only was she raped, her sister was also along with being killed in front of her. Prior to that, her parents were killed in a car accident. Needless to say, the female has mental problems/issues.
Anyways, there was consensual sexual intercourse between my friend and the female which occurred 2 days before she actually went down to make a rape report. There were 2 people present in the house the day the supposive rape occurred and there weren’t any signs of a struggle or forced sex. The 2 people present are willing to go on the stand to testify. DNA tests were administered 2 days later when female made the report and the test results were positive because consensual sex had occurred. My close friend's criminal background doesn't help out matters. None of the criminal charges have been violent or of a violent nature. Currently he is on parole.

I believe the female was convinced and pressured into making the false accusation. Let me explain why I feel this....the homeowner (so called friend) where my close friend was renting a room ended up being the one who convinced the female to go to authorities and drove her there. I believe this was done because he was wanting my friend out of the house and was intimidated by him along with being jealous so this was a perfect opportunity to get my friend out of the picture for a very long time.

Would a lie detector test for both parties be a good idea?
What about a psychological evaluation for the female?

People that know my friend are willing to write "letters of character" in hopes it might convince the judge/DA of his innocence. I, myself am 100% positive that my friend is innocent and yes sex did occur but was totally CONSENTUAL. It is so disgusting and unfair that he is being falsely accused of such a horrendous crime. Not only is this totally humiliating but if wrongly convicted his whole life will be ruined, that is if he isn't killed in prison- forever being labeled as a sexual offender/predator. Presently, my friend is being represented by a court appointed public defender because there is lack of money for a specialized criminal lawyer. The public defender has so many cases to represent that this case isn't being handled/investigated like it should. I am trying to investigate matters on my own and do all I can to help with proving his innocence. I would appreciate all the advice I can get regarding this matter. My friend has made mistakes in life like all the rest of us, he is smart, big hearted and has goals in life, sexual assault is not in his nature what-so-ever.

The simple fact that you state the girls sister was along, and killed, tells a much bigger story here. You also have him in jail at the moment, but also on parole at the moment.

Clarification

The situation involving the female's sister has nothing to do with my close friend accused of rape. It is a totally separate issue, one in which happened to the accuser aprox. 8 months prior to her falsely accusing my friend of rape. The only importantance it has pertaining to this case is the fact that because of it she is mentally scarred and probably has definate issues with rape.

As far as my friend, he is currently locked up. At the time the supposive rape happened he was out on parole.

I apologize for not being clear.

Obvsiously there is more to the tale than this victim simply making an unsubstantiated allegation of rape. There is SOMETHING that helps support the claim.

But, IF it were to go to court, and all is as you say - witnesses in his favor, no evidence of force, etc., then chances are it will never get before a jury anyway.

But! If the victim were a minor (under 18) and/or drugged or under the influence of alcohol at the time of the encounter, then the game is on!

As fas as the letters asserting his character, they are completely irrelevant. Besides, his attorney would be a fool to bring character into the matter because then the prosecution could bring up his prior convictions and the fact that he is a convicted felon! That would NOT look good.

I have known serial child molesters to have dozens of letters from influentiual members of a community including local and state politicians ... these character witnesses are generally pointless unless trying to influence a judge for a lighter sentence. Since they (and you) were not witnesses to the event, nothing any of you have to say in these letters is in the least bit relevant.

The best thing anyone can do for him is get him an attorney. In the meantime, since he IS a parolee, he will likely remain in custody.

Carl

Since it sounds like he has already been charged, there is nothing you can do to get the case dismissed before trial. At trial, he can put on all that evidence you describe and hope it convinces the jury he is innocent.

CdwJava said:

Obvsiously there is more to the tale than this victim simply making an unsubstantiated allegation of rape. There is SOMETHING that helps support the claim.

Click to expand...

Please clarify this grossly inappropriate sentence.

False claims with absolutely NO evidence other than "she said" resulting in sometimes long-term incarceration and ruination of lives.... happens all the time.

Both my wife and I were victims recently of someone falsely making claims that we had committed very violent acts. None of it was true, and as a result there was (of course) zero evidence.

Please do not be so casual as to suggest (particularly coming from someone with 20,000+ posts) that there had to be something to support the false charges. I'm here to tell you, freshly cleared of just such a false set of charges, that it happens. A lot.

(Yes, I'm aware of what was posted above. This sidetrack here is referring to the quoted statement itself, not the OP's post.)

thejake420 said:

Please clarify this grossly inappropriate sentence.

False claims with absolutely NO evidence other than "she said" resulting in sometimes long-term incarceration and ruination of lives.... happens all the time.

Both my wife and I were victims recently of someone falsely making claims that we had committed very violent acts. None of it was true, and as a result there was (of course) zero evidence.

Please do not be so casual as to suggest (particularly coming from someone with 20,000+ posts) that there had to be something to support the false charges. I'm here to tell you, freshly cleared of just such a false set of charges, that it happens. A lot.

(Yes, I'm aware of what was posted above. This sidetrack here is referring to the quoted statement itself, not the OP's post.)

Click to expand...

This thread is 6 1/2 years old... REALLY?!?!?!