What do I do if I was sexually assaulted but gave false reports to protect the attacker? 35 Answers as of August 24, 2011

They could file charges against her, but if she comes clean and as to her reasons why, they probably will not. It is not uncommon for rape victims to initially withhold the name of their attacker for fear or retribution, shame, or other reasons. She needs to tell them soon so they can see if they can file charges.

She should contact an attorney of her choice for detailed advice as to how to approach the police and DA. If she merely said she did not know the attacker it is unlikely she will be charged with a false report. On the other hand the DA may well now believe the case cannot be prosecuted because of the change in her statement.

Your friend should seek the advice of a good criminal defense lawyer. It is a crime to file a false report. An attorney can work with the District Attorney to see that charges are brought against the perpetrator but not your friend. The District Attorney's office has victim witness advocates that can work with your friend. A competent attorney would be sure that your friend's rights are protected and help to keep charges from being filed against her.

She should hire an attorney and give all details to him.

Your summary states that your friend was raped but that she lied to the police and filed a false report to protect her rapist. She told the police she did not know the man who allegedly raped her and this was to avoid prosecution. Now, months later she "wants revenge", and want to know if she will be charged with a crime for making a false report. She should retain an attorney and tell him every detail of the events in great detail, being totally honest and leaving nothing out. He can then advise her as to her options and the risks and benefits of each way to proceed. If you want my opinion, I think she needs counseling. She is not a good decision maker and it would be beneficial to get professional advice from counselors, psychologists, and attorneys when you have such problems. Without knowing what really happened I cannot tell her how to proceed, but going to the police and admitting that she filed a false report would not be advised.

The victim's credibility will be compromised by the initial false statements. She may want to seek legal counsel before contacting law enforcement to amend her statement as she may have some exposure for a false statement. The path to justice may now be more difficult, but it sounds as though she can plausibly explain to a jury why she was afraid to identify her attacker.

She needs to contact law enforcement and tell them she was afraid. They will understand her shock and confusion and will help her.

Your friend need to contact the DA office and explain what is going on. This will not be the first time they have seen this.

I represent people accused of crime. Your friend will not likely be charged with a false report as the State tends to protect victims of sexual assault. The fact that she filled out an initial report does expose her to criminal liability for false report to police. It Is really hard to predict what the police and prosecutor will do and would largely depend on the individuals involved. The other aspect is that the first report may be used in court to discredit her version of events. If the prosecutor doesn't charge her with false report the accused rapist's attorney will absolutely use the prior statement to attack her credibility. Additionally, the pictures and other evidence may or may not be useful as time has a way of creating doubts about the authenticity of the event. In short, I really don't have any advice for your friend other than, if she wants justice, she can contact the police and ask for an investigation to be conducted, if may mean that she gets charged. If she is very concerned about being charged she may decide not to proceed. Good luck,

The answer to this question depends on what she told the police initially. It sounds like she did not identify her attacker and said she did not know who it was. This apparently was not true and she did know her attacker. Coming forward now with the name of the attacker probably would not result if a charge of filing a false police report. It seems that initially, out of fear, she did not identify the attacker but now realizes that justice needs to be done so he does not attack someone else.