False Rape Allegations. Is this enough for an arrest?

Get Legal Help Today

 Secured with SHA-256 Encryption

False Rape Allegations. Is this enough for an arrest?

I have been accused of rape out of retaliation and jeaously. The girl made the claim 6 months after it allegedly occurred and there is no physical evidence. I have shown the detective information that discredits the girl’s credibility, as well as tapes in which the girl’s own mother calls her a lying manipulator and a troublemaker. Otherwise I have not given the police any other statements. Is the girl’s word alone enough to get me arrested?

Asked on June 1, 2009 under Criminal Law, Tennessee

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The general rule is that if the police have probable cause to believe a crime has been committed, they may arrest the suspect.  Remember, the "probable cause" necessary to arrest is a much lower standard than the "beyond a reasonable doubt" necessary to convict.  What this means, as a practical matter, is that there may be sufficient evidence to arrest an individual even if there is not sufficient evidence to obtain a conviction.  Nevertheless, it is certainly possible that you could be arrested and/or convicted based solely upon the alleged victim's statement.  Being accused of Rape is a serious allegation, and it therefore carries serious potential penalties, including but not limited to potential incarceration and/or sex offender registry.  My advice is to consult and/or retain a skilled criminal with respect to this matter immediately, and especially prior to talking any further to the police.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption