How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 74821
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I was falsely accused of rape in March 2018, after the case

This answer was rated:

Hi I was falsely accused of rape in March 2018, after the case was closed and proven to be untrue, the police didn't do anything to the accuser. I didn't want to appeal back then because of the pain, the pain lead me to abuse alcohol and ecstasy which caused me to develop OCD, I also suffer from PTSD because of it. I developed insecurities also which were the cause of my most recent break up too, I decided today I needed to do something becuase I saw her today and made realise that people need to speak up, it ruined my life.
Assistant: Have rape charges been filed? If so, when is the next court date?
Customer: There isn't any court dates
Assistant: Where did this occur?
Customer: 2018 March
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: The police took my DNA a day and a half after it happened and also checked CCTV.

Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.

Does she have any money?

Customer: replied 9 days ago.
What do you mean?
Customer: replied 9 days ago.
If you mean that if she comes from a rich family or has a lot of money because of a job, no she doesn't.

Thanks for the information

 

You do have the option to sue in defamation. This very definitely is defamation. The problem with that is that you have to prove that it was false as opposed to just an allegation that was disbelieved. That is hard to do as you will have the burden of proof. Also, this is a very expensive action and if the accuser has no money there is no recompense. You would still get an injunction though.

 

You could also sue in harassment if there is more than one allegation. There is a fairly settled law now that making false or trivial allegations can be harassment. That does still cost but it is much cheaper.

 

Or you could get a solicitor to write to her warning her of the laws of harassment and defamation and making clear she should desist. That would only cost about £100 plus VAT.

 

Hope this helps. Please let me know if you need more information.

 

Jo.

Customer: replied 9 days ago.
What's the difference between false accusation and disbelieved accusation? Wouldn't the DNA and CCTV help prove it?

No.

A disbelieved accuser might be telling the truth but it could not be proven. That is not the same thing as being a proven liar.

I would go no further with this.

Customer: replied 9 days ago.
So you would have to find evidence of her actively wanting to accuse me? Thank you

No, you would have to prove she had lied which is almost impossible to do.

That is why they get away with it. And why they keep doing it.

Customer: replied 9 days ago.
Sorry, surely if the DNA proves that penetration never happened and the story that she told the police was proven untrue thanks to CCTV that proves she's lying. Thank you.

No.

Absence of evidence is not evidence of absence.

The non existence of DNA does not prove that sex did not happen. The presence would suggest it had.

Jo C. and other Law Specialists are ready to help you
Customer: replied 9 days ago.
Thank you for your help, the law needs to change or improve this is not ok.