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What to do in a false rape accusation which is solely based on he said she said testimony?

San Francisco, CA |

If there was a situation such as this, what is the best course of action to take if both parties in question are sort of unsure about the events in question.

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Attorney answers 4


Don't speak to the cops directly. Get a lawyer and have the lawyer convey the mans version of the case.


Hire a lawyer immediately. Don't wait for this woman to file a report with police. An attorney can begin investigating immediately and try to prevent charges from being filed. Do not speak to anyone except an attorney about this case. Don't talk about this incident with friends, enemies, family, colleagues or law enforcement. I repeat, do not utter a word to law enforcement. If they call or show up tell them you won't say anything about anything and call your attorney. Hire an attorney ASAP, this allegation can destroy your life.


He should immediately get a lawyer. Sometimes on this kind of charge a good lawyer can get to the DA before charges are filed and defuse the situation. If you try to do it on your own you will just talk your way into a jail cell.

James P Brady

James P Brady


I've done this.


This is your third post about this subject and you keep giving more and more details. Before you know it, you will have laid out the defense entire case for the police and DA. And you will have badly damaged your defense. For example, if she was so intoxicated that she was giving her telephone number to random bar patrons, then maybe it was obvious to everyone, including you, that she was too drunk to consent to anything. DA argument number 1. And because you knew she was too drunk to consent, you took advantage of that situation. DA argument number 2. Get my point?
You need to talk to an attorney and STOP POSTING ONLINE.. I suspect that your are frightened and scared about what is going to happen. A quick roll in the hay has now turned into a possible rape charge. Didn't see that coming. Maybe you should have rented a hotel room and disappeared before she woke up. In all seriousness, I understand your dilemma, as I only handle sexual assault cases and have handled my share fair of rape cases, including rape of an intoxicated person. You need to sit down with an attorney and discuss the matter in private where there is complete confidentiality. Maybe that will help settle you down and ease your mind.

The information and legal suggestions made herein do not in any way create an attorney-client relationship. The responses provided herein discuss general principles of law and should not be relied upon by the asker in making legal decisions. Only an attorney who has met with the asker and fully reviewed the facts and circumstances of the asker's individual case should be relied upon for legal advice. If you find my suggestions helpful, please mark the appropriate box as helpful.

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