If you are the subject of sexual assault allegations, your life can be ruined. You can lose your liberty or your reputation. However, in some cases apparent witnesses have invented claims of sexual assault. In one small town in Texas, a teen told a fictitious rape story to police.
The town was Denison about 75 miles north of Dallas. Police said an 18-year-old woman burst into a church cut and partially dressed. She claimed she was kidnapped and sexually assaulted by three black males behind a church.
A report in The Mercury News said the women was found undressed and bleeding on March 8. Denison Police Chief Jay Burch said the police department put nearly all its resources into investigating the young woman’s claims.
However, the claims soon started to unravel. Police said the crime scene was staged and the injuries were self-inflicted.
The woman later confessed to a hoax and she faces a misdemeanor charge of false report to a peace officer.
Burch said the claims were offensive to the community and especially offensive to the African-American community.
The reason for the false claims were unclear but the woman had an argument with her fiancé shortly before concocting the fictitious rape story.
The issue of fictitious rape stories came to national prominence when Rolling Stone magazine reported a story from the point of view of an anonymous rape victim at the University of Virginia in 2014. The account was later discredited and Rolling Stone lost a defamation case.
However, just 5.9 percent of rape claims are false according to research from Violence Against Women. The study looked at 136 cases over a decade.
A subsequent article in National Review appeared to qualify the figures, suggesting 44.9 percent of the cases did not proceed.
In these cases, there may have been insufficient evidence, the accuser was not cooperative, or the incident fell short of the legal standard of assault.
In rape cases, there is often a lot of uncertainty and ‘he said, she said’ kind of allegations.
We have previously discussed how date rape cases on campuses can constitute a difficult area of the law.
The main defense to rape are lack of intent, lack of knowledge, consent by the victim and insanity on the behalf of the defendant.
Sexual assault is typically a second-degree felony carrying a sentence of two to 20 years in a state prison and/or a fine of up to $10,000, it’s vital to hire an experienced Texas criminal defense lawyer to help you fight these charges.
Contact the Medlin Law Firm today for a free and confidential consultation.