Accused Of False Rape

[Johnnysmith]

About 1 year and 8 month ago I was falsely accused of rape . I was not arrested and charges were not pressed against me( I went down to the department my self because A friend told me what she was accusing me off) . Basically we both took drugs and were both impaired it was consensual . Anyways they said they felt like she was pressured to do this and she kept changing her story up saying I did then didnt . she was 16 and I was 19 . The cop ended up telling me to just go home and forget about this . The also said the da or sex unit or whatever didnt want to file charges. I think thats a good sign . Never heard about the case again. I was wondering if I need a lawyer still ? what if they come up again (charges) and will this effect me? will it be in my record ? NJ newark

 

[LdiJ]

About 1 year and 8 month ago I was falsely accused of rape . I was not arrested and charges were not pressed against me( I went down to the department my self because A friend told me what she was accusing me off) . Basically we both took drugs and were both impaired it was consensual . Anyways they said they felt like she was pressured to do this and she kept changing her story up saying I did then didnt . she was 16 and I was 19 . The cop ended up telling me to just go home and forget about this . The also said the da or sex unit or whatever didnt want to file charges. I think thats a good sign . Never heard about the case again. I was wondering if I need a lawyer still ? what if they come up again (charges) and will this effect me? will it be in my record ? NJ newark

It will not be on your record because you were never charged or convicted. However, without knowing what state you are in its impossible to know what the statute of limitations is for your state. Therefore, we don't know whether or not it can come back to haunt you.

 

[quincy]

Newark, New Jersey.

It appears from what you have said that nothing will come from your night of drugs and sex other than regrets that you did drugs and had sex with a minor.

There is an outside chance that you could still be charged but I would not worry about it until there is reason to worry. If the police come to question you, however, exercise your right to remain silent and hire a criminal defense attorney to speak for you.

An additional note: In New Jersey, there is no statute of limitations for reporting sexual assault crimes.

 

[Johnnysmith]

I already talked to them and gave a full statement that same day . They even had pictures of a chat we had basically proving she knew we had sex . (I guess she forgot about it ) even if that was a complain will it still show up in my record? althought they said nothing was being charged so that means my record is still good?

 

[LdiJ]

I already talked to them and gave a full statement that same day . They even had pictures of a chat we had basically proving she knew we had sex . (I guess she forgot about it ) even if that was a complain will it still show up in my record? althought they said nothing was being charged so that means my record is still good?

Again, you cannot have anything on your record if you were never charged.

 

[quincy]

Background check companies regularly scan police records for their own databases - and arrests, charges and convictions can therefore all appear. If you were not arrested or charged with a crime, however, there should be nothing that shows up on your criminal record.

 

[Johnnysmith]

Right thanks. Can I sue her? Would it be a good or should I let it go ? I mean she did try to basically ruin my reputation and get me put away.

 

[xylene]

Basically we both took drugs

Specifically what drug or drugs? Did you provide the drugs?

As to your record - you were investigated by the police for an allegation of rape, of a minor. You are going to need to keep your... nose... clean for a long time to really put this behind you, and even then... Lets put it this way, you don't need to be convicted for people to find about about this and judge you very harshly.

You'd need to weight the options in regards to suing her. Suing a minor who had sex on drugs with a 19 year old who briought the drugs would not be a good look.

 

[quincy]

You would be smart to let it go. You used illegal drugs and had sex with a minor.

Even if you gave police an initial statement, say nothing more to the police if they come to question you. Hire an attorney instead.

 

[Johnnysmith]

Xanax And No I did not . Age of consent in NJ is 16

 

[quincy]

Xanax And No I did not

No you did not what? Did she provide the drugs (not that this really matters)?

 

[xylene]

Xanax And No I did not

So it was a byo xanax party?

This is reality: you are going to have a long stretch with the 'she ruined my life' argument.

 

[Johnnysmith]

All I care about is if this is going to effect me if I apply to a new job. Im sure people will find about via mouth

 

[quincy]

Here is a link to the law: https://codes.findlaw.com/nj/title-2c-the-new-jersey-code-of-criminal-justice/nj-st-sect-2c-14-2.html

It is hard to keep some acts from being learned by others. Whether this affects a job search, however, is anyone's guess. It should not appear on a background check done by a prospective employer, though.

 

[Johnnysmith]

No we were hanging out with "friends" we all took xanax the "green goblins" 3mg I ended up getting into a fight because the dealer tried stealing my car and crashing it. into a tree we fought . cops came took him away(supposedly he was supposed to go to jail and some rehab the next day anyways). she ended up telling me to stay this and that she took me to the room and it happened . Also some cop I kinda know told me he defended me on this whole thing. That they wanted to put me away. it turns out he was the cop responding to the whole car theft situation and I guess he told them that she was all over me and that she was telling me to come sleep over her room or whatever . Honestly its a blur . I dont know if that was worth mentioning.