Mother of my child had me arrested last May for domestic violence and rape which lead to the rape being thrown out can I sue her for falsely accusing and the officer who still has an open aeb I believe it's called. When I get pulled over every officer mentions this dismissed charge and says the arresting officer has you listed as this still being and open investigation . Sounds like a bunch of bull
You can sue anyone. But when you file suit for "damages," you need the target of the suit to be someone with a sufficiently deep pocket (monetary resources) to make bringing such a suit worthwhile. Unless your ex has lots of money, I highly doubt you will find an attorney who is interested in accepting your case.
What's more, if you were acquitted of rape but found guilty of domestic assault, you are unlikely to get much sympathy from a jury. Imagine telling a jury "I beat her but I didn't rape her." That's not much of a pitch.
If the police have an open file on you, they are definitely keeping an eye on you. If you want to keep the police off your back, stay away from this woman, and avoid doing things that get you pulled over. I know what I have shared is not what you want to hear, but that's how I see it. Good luck to you.
The response I have provided is general in nature, and does not create an attorney-client relationship. My practice is based in Rhode Island, and the law and practice in other states or jurisdictions may be different.
Depends what you mean by thrown out. The fact that there is an ongoing investigation seems to indicate the opposite of thrown out. Also, just because charges are dismissed doesn't mean they are false. The burden of proof for a criminal prosecution is much higher than in a civil case. If you sue her, you have to prove she was lying. What evidence do you have that proves that?
I am a former Brooklyn Criminal Court Deputy Bureau Chief with 20 years experience specializing in handling criminal cases. All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. Also, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication.
You can sue her but will you be able to collect if you win? The issue is whether there was probable cause, not whether you were innocent.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 19 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
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