What can I do if my ex girlfriend is accusing me of rape? 37 Answers as of September 20, 2012

I am being investigated on a charge of rape which I did not commit. Police are trying to interview me. What should I do?This is a false charge by an old girlfriend with a vendetta to hurt me. I need to talk to someone asap.

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Lisa Mulligan Law Offices, LLC
Lisa Mulligan Law Offices, LLC | Lisa Mulligan
I'm sorry to hear that you are in that situation - sexual assault charges are very serious. You should hire an experienced local attorney before you have any kind of communication with the police. Your lawyer can talk to you about the details of your situation and advise you about whether or not it's a good idea for you to speak to police. If you do decide to talk to officers, your lawyer can be there to make sure that you are not misunderstood or misquoted down the line.
Answer Applies to: Washington
Replied: 11/28/2011
Keyser Law Firm
Keyser Law Firm | Christopher W. Keyser
If the police wish to question you, I recommend not making any statements without first consulting with an attorney. Your safest measure is to refrain from discussing anything with law enforcement but if you feel compelled to, bring a lawyer with you.
Answer Applies to: Minnesota
Replied: 10/18/2011
Reza Athari & Associates, PLLC | Armand Fried
I would certainly not speak to the police without an attorney present, if at all.
Answer Applies to: Nevada
Replied: 10/5/2011
Andersen Law PLLC
Andersen Law PLLC | Craig Andersen
I would advise you not to cooperate with the police. If they contact you, tell them that you are exercising your Right to Remain Silent and your Right to have an attorney. If your ex-girlfriend is claiming that this rape occurred recently, your attorney can find out about any physical evidence. If there is no physical evidence, it boils down to her word against yours. Definitely hire an experienced defense lawyer.
Answer Applies to: Washington
Replied: 10/5/2011
Law Office of John E. Gutbezahl LLC
Law Office of John E. Gutbezahl LLC | John E Gutbezahl
Do not speak to the police without legal representation. The innocent are the ones who need the protection of a good lawyer the most. The police may have decided you are guilty and will couch the interview on their terms. Do not let that happen. Statements can intentionally or unintentionally be misconstrued. What you believe is helping you may be used to hurt you. I have seen it happen many times. You need a strong lawyer in front of you.
Answer Applies to: Oregon
Replied: 10/6/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    That's real serious. You need to be quiet, talk to no one, and hire the best attorney you can to protect you.
    Answer Applies to: Texas
    Replied: 10/5/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    I would not advise you submit to an interview or interrogation with the police without an attorney. There are many things you could say that could be used against you. I would definitely advise you to consult with an attorney.
    Answer Applies to: Kansas
    Replied: 10/5/2011
    AyerHoffman, LLP
    AyerHoffman, LLP | David C. Ayer
    You need to consult with a criminal defense attorney immediately. Do not allow yourself to be questioned by police no matter what claims they make about helping you if you cooperate. They are looking for ways to arrest and convict you. Only allow questioning with you attorney present. Do not make the mistake of thinking you can handle this yourself. Rape is a very serious crime which carries heavy penalties. You must retain criminal defense counsel.
    Answer Applies to: Massachusetts
    Replied: 10/5/2011
    Law Office of Ernest T. Biando, LLC | Ernest Biando
    Rape is a very serious charge. You need to retain an attorney even before the charge is official as anything you say to the police will be used against you.
    Answer Applies to: Massachusetts
    Replied: 10/5/2011
    Anderson Walsh PLLC
    Anderson Walsh PLLC | STACI LYNN ANDERSON
    Rape is a very serious crime. You should not, under any circumstances, talk to the police without an attorney present if at all. Contact a competent criminal defense attorney in your area immediately.
    Answer Applies to: Idaho
    Replied: 9/20/2012
    Rudolph A. Serra, Attorney
    Rudolph A. Serra, Attorney | Rudolph A. Serra
    Criminal Sexual Conduct (rape) is a very serious charge. It often involves one person's word against another's. If you get convicted you will spend the rest of your life on a Sex Offenders Registry.
    Answer Applies to: Michigan
    Replied: 10/5/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    First, you would be wise to consult with an attorney. Second, it is generally wise to exercise your right to remain silent, making no statements to police or others until you have consulted with an attorney.
    Answer Applies to: Minnesota
    Replied: 10/5/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    All criminal cases are fact driven. What you should do is based on the facts of your case. for instance if she is saying you raped her at a specific time and date and you can prove you were somewhere else you would have that proof ready when you are interviewed. If she says you raped her and it was consensual sex then the proof would be different and you would need to proceed differently. The main thing you need to do is hire an attorney and do not talk with any one without your attorney with you.
    Answer Applies to: California
    Replied: 10/5/2011
    Sifuentes & Locke
    Sifuentes & Locke | Shannon Willis Locke
    You need to stop and call an attorney. Do not speak to the police without the advice of a lawyer. The police are allowed to lie to you about the evidence that they have. Once you have spoken to the police you are locked into a defense, and it is very difficult to change your strategy. Even statements made to the police on the phone can be used against you. Before you do anything else hire a lawyer.
    Answer Applies to: Texas
    Replied: 10/5/2011
    The Olsinski Law Firm, PLLC
    The Olsinski Law Firm, PLLC | Justin C. Olsinski
    You need to talk to an attorney in your area. It may be advisable to talk to the police to prevent charges from being filed, but it would not be wise to talk to the police without an attorney present.
    Answer Applies to: North Carolina
    Replied: 10/5/2011
    Hugo Florido ESQ.
    Hugo Florido ESQ. | Hugo Florido
    Please do not speak to the police until you've consulted with an experienced attorney. You are not required to assist the police and can invoke your 5th amendment right.
    Answer Applies to: Florida
    Replied: 10/5/2011
    Burdon and Merlitti
    Burdon and Merlitti | Adam Van Ho
    I agree. You should consult with an experienced criminal attorney before speaking to the police and request that the attorney be there when/if you are questioned. The concern I would have is that if you go in on your own, you may let the emotions of the situation overtake your mouth, and say things that could be misinterpreted as being admissions to the crime (i.e. you could make statements that you say sarcastically that the detective interprets as being admissions). Additionally, the attorney may be able to help you discover and bring to the detective's attention things to help discredit her story, such as emails, texts, or the names/phone numbers of friends to help corroborate your story that she is being vindictive. It would be a lot easier to head off any potential charges before they are filed, and as such, it would be a good idea to attack the situation head-on before the case goes in front of a jury. In the meantime, if the police attempt to interview you, you can ask that they reschedule the interview until you have had the opportunity to first speak with an attorney.
    Answer Applies to: Ohio
    Replied: 10/5/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    DO NOT TALK TO THE POLICE. Don't talk to anyone except a lawyer. Not your girlfriend, or your mom, or your ex, or anyone else. No kidding. If the police talk to you, say "I don't want to talk to you. I want a lawyer." Keep saying that until they go away, or arrest you, or whatever they want to do. Trying to stop them from arresting you by talking is a terrible idea. If what you say tends to prove your innocence, they won't believe it. If it tends to prove your guilt, they'll use it in court. Hire a lawyer if you can afford it. If you can't, be quiet, and the court will appoint one if you are arrested, which may never happen.
    Answer Applies to: Oregon
    Replied: 10/5/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Absolutely, positively do NOT answer any police questions or discuss this with anyone except your attorney (or prospective attorney during a consultation). Assume every phone call, email, text and conversation is going straight back to the police to be used against you. If they have enough to arrest you, they will. If they don't, why would you want to help them build a case against you. A rape allegation is nothing to mess around with. With the harsh sentencing laws in place, not to mention lifetime registration as a sex offender if convicted, this is not to be taken lightly. Contact a local criminal defense attorney that routinely practices in the court where this case may be. You should look for a lawyer that focuses on nothing but criminal cases, has extensive felony trial experience (many attorneys have trial experience, but they may be low-level misdemeanor cases) and one you feel comfortable with.
    Answer Applies to: California
    Replied: 10/5/2011
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    You need to get an attorney immediately. Do not talk to the police without one. If you are going to speak to them at all, you will make that decision only after talking to your attorney about the pros and cons. Even then, if your attorney's presence better ensures that the time, place and length of the questioning, as well as the questions asked, are fair and not harassing. Don't wait until you get charged!
    Answer Applies to: California
    Replied: 10/5/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    First of all, do not agree to talk to the police. At least, not without a lawyer being present. Keep in mind that you always have the right to refuse to talk to the police. If it is truly made up, they will have a very hard time pursuing such a charge based on nothing else than one person's word.
    Answer Applies to: Michigan
    Replied: 10/5/2011
    Peter Duarte, Attorney at Law
    Peter Duarte, Attorney at Law | Peter Duarte
    You need to talk to a criminal defense attorney before you talk to the police. If you are inclined to speak to the police have your attorney present. Even innocent statements made by you to the police could be taken out of context.
    Answer Applies to: California
    Replied: 10/5/2011
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    Usually wanting to talk to you is synonymous with wanting to arrest you, especially in NYC. You should retain counsel immediately who will fully protect your rights and find out immediately if they want to speak with you or arrest you.
    Answer Applies to: New York
    Replied: 10/5/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    You need to talk to a lawyer in your area BEFORE you talk to any police, if you ever do. Police will twist your words and if you leave anything out then they will say you are lying. This is a very serious charge.
    Answer Applies to: Texas
    Replied: 10/5/2011
    Martin Law Offices, PLLC
    Martin Law Offices, PLLC | Matthew T. Martin
    Criminal sexual conduct allegations are extremely serious in Minnesota. You should exercise your right to remain silent and speak to a lawyer immediately.
    Answer Applies to: Minnesota
    Replied: 10/5/2011
    Shane Law Office
    Shane Law Office | Robert J. Shane
    You should advise the police that you intend to discuss the matter with an attorney before granting an interview. You do not want to ever give a statement to the police without first having sought the advice of counsel. The police will only believe the alleged victim and not you, no matter what the truth is. A good attorney is your best defense.
    Answer Applies to: Minnesota
    Replied: 10/5/2011
    Law Office of William S. Smith
    Law Office of William S. Smith | William S. Smith
    You should absolutely exercise your constitutional right to remain silent and, at most, explain to the police that you are retaining an attorney. You should without question retain an experienced skilled criminal defense attorney immediately.
    Answer Applies to: Massachusetts
    Replied: 10/5/2011
    Flood Lanctot Connor Stablein, PLLC
    Flood Lanctot Connor Stablein, PLLC | Paul J. Stablein
    First and foremost, you need remember that you have the absolute right to remain silent which means you do not have to answer any of the police officer's questions. I would advise you not to say anything and to retain a lawyer to speak to the police on your behalf. In that way, nothing said could be used against you. Once you are represented by an attorney, the police will not be allowed to talk to you and your attorney can determine the next course of action. Many times in cases such as this, the police have no evidence other than the complainant's allegations and Prosecutors are hesitant to move forward on a simple "he said/she said" case. However, I have seen many unrepresented defendants who then believe they can talk their way out of the investigation, only to provide the prosecution with vital evidence they would not have had otherwise. Again, it is imperative that you are represented by an attorney soon.
    Answer Applies to: Michigan
    Replied: 10/5/2011
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    Tell the police the advice of counsel of your not answering any questions until you have the opportunity to consult with an attorney. It may be tempting to try to explain yourself out of this situation with the police but please don't try.
    Answer Applies to: Washington
    Replied: 10/5/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    You are in an extremely difficult and SERIOUS situation. You need to hire an attorney NOW. You do not say how old you are and how old she is. If she is 16 or under and you are over the age of 18, that is statutory rape. Even if she welcomed the sexual act and then changed her mind, or lied to you about her age, you are in trouble because she is a minor and cannot consent. Period. No discussion. You need a good attorney to work with you on this. A conviction carries with it prison time and the label of "sex offender" which will follow you for the rest of your life, and for which you will be required to register.
    Answer Applies to: Washington
    Replied: 10/5/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    Do not talk to the police. They are trying to build a case against you, and even denying the allegations gives them a statement to hold you to later in the case. If the allegations are untrue, and there is no physical evidence, DNA, or witnesses, then she doesn't have a strong claim given the previous relationship, and the argument that the contact was consensual or she is just trying to get you in trouble. "He said, she said" cases are difficult for a prosecutor to prove, and many juries do not convict without more evidence. Consider retaining an attorney immediately.
    Answer Applies to: Minnesota
    Replied: 10/5/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    The only person you should talk to is an attorney. You should find a veteran criminal lawyer and explain the circumstances to him in order to attempt to prevent an arrest. If you are arrested do not talk to the police or prosecutors. In Manhattan the prosecutors visit the people in jail awaiting arraignment and try to get them to make admissions and confessions. That prevents their attorney from properly defending them and hurts their chances at plea bargaining. The worst evidence against a person often comes out of their own mouth. The other problem lawyers face is that their clients lie to them about what really happened which makes it very difficult to makes decisions about how to proceed. Often our clients confess to the police and then lie to us and say they are innocent. This makes it very hard to defend them. As far as the rape charge, it is the easiest charge to make and the most difficult to disprove, so make sure you have a good lawyer. This will cost you about $5,000 or even more if the case goes to trial. If you do not have $10,000 to retain a good attorney to try the case you will have to use a public defender. Some are good, some are inexperienced, and some do not properly prepare the case or do the research, investigation, and evaluation that is necessary to make decisions and get the best possible disposition under the circumstances.
    Answer Applies to: New York
    Replied: 10/5/2011
    Noah A. Bradow, Attorney & Counselor, pllc
    Noah A. Bradow, Attorney & Counselor, pllc | Noah A. Bradow
    Whatever you do, DO NOT make any statements to the police until you have talked to an attorney! What you say to them can and WILL be used against you if possible. Accusations of rape / criminal sexual conduct are very serious and a conviction / plea can bring very serious consequences, including prison time. You need an attorney to help protect you even if charges have not been filed. Contact my office to talk about your case.
    Answer Applies to: Michigan
    Replied: 10/5/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Hire a good defense attorney, discuss the matter with him, and tell him the truth, and listen to his advice. Remember, you have a right to remain silent, and answer no questions for the police. However, to get your side of the story on the record, you may want to discuss this with the police, and having the attorney with you will keep the cops on the straight and narrow, so they do not trick you into confessing to something you did not do. I would think that crying rape at this late date is without foundation and would not hold up in court, but better to be safe than sorry, get a lawyer to go with you into interrogation. Just do not ignore the request of the police, it could end up in a warrant being issued for you, as they will not have your side of the story, if you ignore their request to be interrogated.
    Answer Applies to: Illinois
    Replied: 10/5/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    You should contact a private criminal defense attorney as soon as possible. A rape conviction will undoubtedly result in denial of future occupation, jail time, life time registration as a sex offender, and much more. As some initial advice, do not speak to any officer or investigator regarding the incident, do not contact the alleged victim, and do not talk to others about what may or may not have happened. Your best move is to hire a criminal defense attorney who can start working on your defense immediately.
    Answer Applies to: California
    Replied: 10/6/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    Rape is a very serious charge that could include a lifetime of prison, parole and probation, so the only way to deal with this is to hire an excellent criminal defense attorney beware of the pre-text phone call - the girl calls and pretends to be nice and just wanting closure or just to talk - she tries to get you to admit to some facts that the cops need to prove but cannot - may be that she said no or that she was really drunk or that you are sorry or that you had sex at all the police are recording that call and they are trying to get you to say something that hurts you and helps them do not talk to the police without an attorney - easiest way to get put in jail rape is too serious to ignore or pretend that it will go away.
    Answer Applies to: Colorado
    Replied: 10/5/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    If the police are trying to interrogate you for a felony charge of rape, you should hire an attorney immediately. Then be sure to remain silent and ask for your attorney to be present each and every time the police try to interrogate you. Once you hire an attorney you and he can begin your own investigation.
    Answer Applies to: Hawaii
    Replied: 10/5/2011
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