On November 12 I was arrested for a alleged rape on a co-ed. I was released on my own recognizance after 20 days. A week-or-so later the case was "administratively dismissed ." The girl who accused me lied and it is so evident she lied in her police statement. The detective who arrested me interviewed her ask her to tell him the story over and over, it got to a point where she told him i tried to block her hands to prevent her from pulling back her pants, she then changed it to i tried to hold down her arms to prevent her from pulling it back up. The detective stated in the arrest warrant that I held the victim down while inserting my penis in her vagina. Both detective and the girl's statement are false. I feel my rights have been violated. I believed if the detective had phrased exactly what she told him the judge wouldn't have issued a warrant for my arrest. I want to take action for defamation of character and also malicious prosecution. The officer manipulated the judge to obtain the arrest warrant Please kindly advised me what actions i can take. I have all pertinent documents.(dismissal order, both the then-alleged victim statement and her father's, and also the arrest warrant )
you should consult with a civil rights attorney. i will transfer your question to the appropriate forum. good luck
the fact that i have posted an answer to your question or commented on another's answer does not create an attorney-client relationship between us.
Yes. It seems over the last couple of years more men who insist they have been falsely accused of rape are trying a new tactic: suing their accusers in civil court, mostly for defamation.
In my view it's a very sensitive issue. These suits will be extremely case specific and a winning case will be extremely rare.
Consider this: You can't win these cases, too much backlash and your reputation will be damaged by the lawsuit.
You are 100% correct that you need the issues of defamation and malicious prosecution examined here. Regarding the info supplied to the judge who issued the warrant, the recording, if any, of the accuser's statement to the detective would be the most important item (along with any recording transcript), and recordings always need to be obtained IMMEDIATELY before erasure. (Don't wait to hire an attorney for that.) What needs to be determined is whether the police had probable cause - that is, whether an officer could, from an objective point of view, reasonably believe that a crime had probably been committed. Though that is a relatively low threshold to meet, I can tell you as an attorney who has handled many police misconduct cases that there are plenty of arrests/prosecutions initiated without probable cause.
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Tough road to hoe, but a local civil rights lawyer can investigate. Avvo has a great lawyer finder tool to locate an attorney close to your home. Good luck.
You have no cause of action against the police if he acted on "arguable probable cause," and here, he did not initiate the investigation; rather, someone called him and he investigated the matter. You may have a cause of action against the woman who reported the event, but that is it.
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