What can I do about a false charge of nonconsensual sex?

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What can I do about a false charge of nonconsensual sex?

Both a girl and I had sex while we were both intoxicated. She said it was okay as long as I wore a condom. The next day she texted me asking if I used one because she didn’t remember and she put a smiley face, a heart and several other emojis. We both then agreed that it was mistake and we were both on the same page. I have it all on text. The next day she filed a police report sayimg it wasnt consensual. And now I have a sexual battery charge on my shoulders. I’m19 and I have never been in any type of legal trouble. Will my evidence hold up in court? And if it does not, how long of jail time or probation am I looking at?

Asked on January 18, 2015 under Criminal Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

What you need to do ASAP is to consult directly with a criminal defense attorney. This is a serious charge that can carry life long consequences. By all means, make sure that you keep the text(s). Find a criminal lawyer who practices in the area where all of this occurred. They will have experience in the local courts which can work to your advantage. Again, contact one sooner than later.


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