Rape occurs when someone engages in sexual intercourse with another without that person’s consent. The gender of the victim does not matter. If the rape happens without that person’s consent and with force, violence, fraud, or causing fear, it is considered a violent felony.
What Is a False Rape Claim?
A false rape claim, or allegation, refers to accusing someone of committing rape when it did not happen. The false rape claim is made even though the alleged victim knows that they are lying.
How Is a False Rape Claim Made?
The alleged victim tells authorities, such as police or a medical professional, that they were raped. Also, the alleged victim may file a false police report.
What Does It Mean to File a False Police Report?
Filing a false police report involves an individual knowingly making false statements, or lying, to law enforcement. The false statements are made with the intent to start or disrupt a criminal investigation.
The false police report can be made with an on-duty police officer or at the police station. Making a false police report is a state and federal crime. To be found guilty of a false report, the alleged victim must:
- Make the false statement or report
- The false report was made in response to a police officer’s legitimate inquiries
- The false statement involved a material fact a criminal activity such as a rape
- The statement was knowingly false
- The victim made the statement with the intent to deceive, hinder, or obstruct an investigation
Is a False Rape Claim the Same as a False Confession?
No. A false confession occurs when an individual admits they are guilty of a crime, but are actually innocent. The individual is accused of a crime, not the victim of one. A false confession is usually the result of force or coercion on the police’s behalf to obtain a statement.
Should I Discuss a False Rape Claim with an Attorney?
Yes. If you are accused of rape and believe that your accuser is lying, or you knowingly made false claims of being raped, you need to talk to a criminal attorney. The attorney will explain the charges to you and assist you in figuring out how to proceed.