What to do if I’m being charged with rape under false accusations and I don’t know what to do?

I asked for consent from the girl and have 5 witnesses also I never made a move on her she made a move on me first. I have never been in trouble and I’m currently a college student that was at the wrong place at the wrong time. I’m scared that I’m going to jail.

Asked on February 20, 2013 under Criminal Law, Ohio


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You are not required to get an attorney, but it would really help to get one at this level before it turns into more than an allegation.  If you get an attorney to help you early on, they can assist you in getting these witnesses' statements reduced to writing before their memories lapse.  They can also help you arrange for a polygraph to submit to law enforcement. If they ask for a statement, they can guide you through the process and be there with you to make sure that your rights are protected. 

If you simply cannot afford an attorney right now, then make sure that you get good contact information for your witnesses.  If they are willing, see if they will write out what they know about the alleged events.  If law enforcement wants to talk to you, tell them that you will if they can arrange for a court-appointed attorney to be present during the interview.  If you show up and there is no attorney (which quite frankly there usually is not), then decline the interview.  I hear what you are saying in that these are false allegations.  Even though they are completely false to you, the allegations are no so cut and dry to law enforcement.  Do not gamble with your future by giving a statement to the police without adequate protection.

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