Clearing your name is our #1 priority.

meet the attorneys case results
  • What Do I Do If I’m Falsely Accused of Rape?

    Posted on by JACK MKHITARIAN

    Man Standing Over a Woman

     False Accusations Can Carry Life Sentences too! A New Mexico Criminal Defense Attorney can Help.

    Unfortunately, false accusations are common in the U.S. criminal justice system. Worse, the false accusation of rape is becoming increasingly common. This very serious charge is used as a way to gain an upper hand in a divorce case or child custody claim, or simply to seek revenge against someone else. The results, however, are extremely serious (if not life-changing).

    So, what does an innocent person do if he or she is falsely accused with rape? Even if acquitted, his or her name and reputation will be tarnished forever. Also, what is the consequence for the person who filed the false claim?

    False Claims and Sensitivity

    The topic of rape is extremely sensitive – so much so that people are not willing to dive into the idea that false accusations of rape occur. Some prosecutors will automatically side with the accuser, even after the evidence shows that the claim is false. This is because law enforcement and prosecutors often feel that there could have been a difference in consent, or there was an honest mistake. Prosecutors do not want to make all rape victims fear that they could face sanctions for falsely accusing someone; therefore, most false accusers walk away with no penalty. In fact, very few false claims are prosecuted.

    The Effect on the Accused

    While prosecutors and law enforcement do not want to arrest and prosecute someone for filing a false rape claim, they do little to rectify what happens to the falsely accused. The consequences of a false report of rape can still be devastating – even if the charges are dismissed. The suggestion that an individual has done something wrong is enough to convict in terms of public opinion. That person could be persecuted by friends, family, schoolmates, and others.

    A person cannot protect his or her identity after being arrested for rape. Ultimately, a false accusation carries life-changing effects that can even lead to a loss of employment, public ridicule, and long-term emotional harm.

    Speak with an Attorney to Clear Your Name

    If you have been arrested and are being falsely accused of rape, do not rely on law enforcement to prove such. Instead, contact a criminal defense attorney. You will need an attorney to not only prove that the accusations were false, but to help clear your name in the criminal matter altogether. You will need police arrest records and any criminal records cleared. Also, you will need someone to protect you from these false accusations, especially if circumstantial evidence is driving the prosecution toward continuing with the case.

    For your arrest, contact the criminal defense team at New Mexico Criminal Law Offices. We are here to help defend your rights and protect you from false accusations (regardless of what the crime may be). Contact us to schedule a free, no-obligation consultation by calling 505-375-4672 or requesting an appointment through our contact form.