You can become a victim of slander in any situation. Neighbors, colleagues, relatives, and people you meet by chance can speak. For defamation, you can bring to trial and punish a liar. In this case, moral damage to the victim’s authority is often easy to correct. However, sometimes a person can be falsely accused of committing a particularly serious crime - a fight in court with evil deceit will prettyly rub your nerves, but you can prove your innocence. Most often, lawyers come across a false rape charge. How to protect yourself from this and what to do after?
What the law says of a heavy article
For rape can be obtained from three years in prison. But there are exceptional cases that aggravate the crime and the prison term will be significantly increased. These include:
- The commission of gang rape and involvement in the crime of people other than the rapist.
- Sexual adversity threatened with murder.
- Crippling the victim / victim.
- Rape with particular cruelty or in any perverted form.
- The victim contracted a sexually transmitted disease or became pregnant as a result of contact.
With qualifications as a serious crime, the court will pass a sentence of four to ten years in prison.
If the crime (Article 131 of the Criminal Code of the Russian Federation) is committed against a teenager, a girl from fourteen to eighteen years old, the rapist will be punished for a term of eight to fifteen years. Qualification is a particularly serious crime.
If a child under the age of fourteen is raped or the victim has died as a result of sexual contact, the offender faces a sentence of twelve to twenty years. Also a particularly serious crime.
Where to start the proceedings
Accused of rape - what to do? If you are to blame, then humble yourself and accept the punishment. And if you are slandered? Try to control your emotions and find a good lawyer. Of course, it is possible to conduct defense on your own, but when it comes to a claim for a particularly serious crime, it is better to seek the help of a professional.
It is clear that an unfair accusation causes anger or unsettle. The usual reaction. But there is no need to despair and no encounter with the “victim”. Attempts to find out why and why the false accusation of rape ensued can only complicate the situation. Who guarantees that you restrain emotions and do not say what is not followed, and do not break firewood. Considering yourself to be slandered and undeservedly brought to trial, you can send threats or, not restraining yourself, strike. This will add problems to an already depressing situation. Therefore, do not meet with the “victim”, and if this cannot be avoided, do not do it alone.
How to remove false charges
Gathering evidence of innocence under article 131 of the Criminal Code, it is necessary to apply all possible methods. Some can be dealt with on their own, somewhere better to trust the defender.
How to prove your innocence:
- request a repeat medical examination;
- require a psychological examination of the victim;
- request additional examinations;
- find witnesses.
If there are people who are ready to confirm your alibi, the charge simply falls apart. This is the shortest way to prove innocence if false charges are brought.
Why do I need an examination with an expert psychologist? A woman may well have psychological disorders, including sexual ones. Psychological expertise can identify them.
Ask for an additional inspection of things, clothing, body - and the victim, and the possible rapist. The commission of physical violence against the will of the victim is accompanied by a struggle that leaves traces on both. It can be scratches, bruises and torn clothes. If the victim will indicate an unconscious state at the time of the rape, the examination should reveal the content in the body of substances (alcohol, drugs, sleeping pills or other drugs) that led to a temporary restriction of movement.
The circumstances of false evidence
After reporting the crime, the task force travels to examine the scene of the crime to find traces and fingerprints of the victim and the victim. The operatives take into account the condition of the furniture in the room or in other places, look for pieces of clothing torn in the fight, jewelry, blood, sperm, other physiological fluids and so on.
If the group does not find anything suspicious at the crime scene, the investigation will have doubts - maybe the victim’s testimony is false.
Witnesses are necessary not only to confirm the alibi, but also to objectively describe the behavior of the victim and the perpetrator prior to the commission of the crime. If there are no people who could talk about inappropriate or overtly aggressive actions on the part of the accused, then this will add to the chances of defense.
If there is no evidence of innocence
If no material evidence is found, ask the victim to repeat her testimony in court. Lawyers say that if the rape occurred only in the victim’s head, retelling the circumstances of the incident, the woman is usually inclined to add certain points or forget about some details. Confusion in the testimony is a sign that, most likely, the victim is deceiving the investigation.
To refute false accusations, lawyers will propose connecting maximum methods. In particular, to collect witness statements, joint photos with the victim, personal correspondence, etc.
Motives of false rape denunciation
Among the most popular reasons is the desire to take revenge on a man. For what? For insult or insult. Failure to pay for sex or accusing a woman of a crime, jealousy can also push a woman to a false accusation of rape. The desire to spoil the reputation of a man or punish him for something. Sometimes a woman is ready to imagine herself a victim of violence for the sake of blackmail and extortion, or to hide treason.
If you begin to get money, lawyers advise you not to give in, but to contact the police. Well, if there is an audio or video evidence of blackmail.
How to attract slander
When the false accusation of rape became apparent in court, one might consider punishing the liar. To begin, draw up a counterclaim based on Article 128.1 of the Criminal Code of the Russian Federation “Slander”. Moreover, the article contains a direct part on the slander of rape. The consequences will be more serious than a lie:
- up to five hundred thousand rubles or more than a hundred and a half hours of compulsory work - for libel;
- up to three million rubles and almost five hundred hours of compulsory labor - for a false accusation of rape.
How to apply
For example, while a woman threatens to contact the police and has expressed her intention, do not wait for her to go to the police. Are you sure of your innocence? Be the first to file a statement - about libel or false denunciation.
The application must contain information in the “heading” about the department of the Ministry of Internal Affairs that you are contacting, its address, data of the chief, including rank, address of registration and contacts.
In the text of the statement it is necessary to indicate the circumstances of the appeal, explain why and who composed the charge. Make requirements for law enforcement and justify them.
If you had to prove your innocence in court, and you succeeded, then after its completion you can prepare a counterclaim in which:
- It will be necessary to mention that a criminal case was opened on false evidence, and that the fraud was disclosed in court.
- It is necessary to attach material on the proceedings.
- The application is sent to the court with the name of the person who falsely accused you.
The court will need to identify the intent of the lie.
Responsibility for false denunciation
Giving false testimony of the Criminal Code does not leave without attention. Article 307 of the Criminal Code of the Russian Federation contains a punishment for false testimony brought before a court in proceedings. Provided fines and compulsory work. However, Article 307 of the Criminal Code of the Russian Federation also speaks of the circumstances of exemption from criminal liability if a voluntary statement of falsity of charges follows: at the inquiry, at the preliminary investigation or in court.
How to Avoid Hex
Article 131 of the Criminal Code of the Russian Federation belongs to the category of especially serious crimes, and the danger of being charged with it because of lies is great. Especially if the man is not too picky in communications and is ready to intimacy without hesitation.
Sometimes a man does not attach importance to the conflict with a woman and misses the moment when the sexual partner becomes a dangerous enemy, ready to slander.
If you became a victim of a slander because of a woman’s desire to cash in, then don’t pay a dime - it’s unlikely that the “victim” will stop. Gather evidence of extortion and bring it to the police.
Legal cases
A woman borrowed money from her friend. There was no receipt, and the debt repayment period was long gone. The man for a long time sought to return the amount, he was first asked to wait, then completely stopped answering calls. He came home to the debtor, a dispute ensued with a small brawl, which left a pair of bruises and bruises. The next day, the woman filed a rape charge.
The guy broke up with the girl, but still agreed to meet with the former. After drinking, there was intimacy. In the morning, the guy tried to explain that what had happened did not at all mean his return. Disappointment and collapsed hopes pushed the girl to a false denunciation. She refused the charges at the preliminary investigation stage. The guy did not apply for defamation.
Colleagues had intimacy, but the woman was guided by a selfish motive. She hoped that a partner would influence her promotion. This did not happen. After another intimate meeting, the woman went to the police, accusing the deceiver of a serious crime. Other colleagues knew about the novel, and this helped the man convince the court of innocence. The woman, however, did not refuse her testimony and appeared in court as a defendant - the lover filed a counterclaim.
The ex-husband wanted to pick up the baby. Attempts were persistent and spoiled the life of the new family of the ex-wife. Then she lured to intimacy in the car, and then made a scandal, achieving bruises. On the same day, she wrote a statement accusing the former spouse of a heinous crime.
A woman, after communicating with a man, contracted a sexually transmitted disease from him. The partner knew about the disease, but did not report so as not to be denied proximity. When a woman found out about the infection, lured the man to intimacy, and then accused of rape. The case was complicated by the man’s fulfillment of the partner’s request to be more passionate. Traces on the body after proximity became a factor in the strength of the readings.
After intimacy with a man, a woman decided to improve her financial situation. After a passionate hug, while the partner went to the bathroom, the mistress made a mess in the room, as in a fight. She said that she would call the police if the man did not immediately transfer 50 thousand rubles to her account. The partner agreed, but transferring the money, recorded a conversation on the smartphone's recorder, the repeated threat of the woman and the conditions of blackmail. The woman did not go to the police, and the man wrote a statement, accusing her of slander and extortion.
The schoolgirl was sent to a gynecologist. Realizing that a loss of innocence would be revealed, and this would cause a surge of strict parents' anger and punishment, the student came up with a rape story. Blamed the guy with whom she lost her virginity. A long and morally difficult trial for the parents of two minors ended with the exposure of fraud. The friends of the couple knew that they had a close relationship, they managed to restore the SMS correspondence of the young lovers, in which they exchanged impressions of their first love experience.
It is easy to accuse an innocent person of a crime, the case can go to a real sentence of several years in prison. A deceiver is waiting only for a fine and suspended sentence.
Loud false rape allegations
The story of Diana Shurygina, which thundered on one of the central channels, moreover, a multi-part, is not the only dubious case on rape charges.
For example, the story of the “Soviet Pele”, Eduard Streltsov. He was accused at the request of one of the guests of the drunken orgy, in which Streltsov also participated. Witnesses claimed that there was no violence, later the victim asked to dismiss the case. But he was not stopped, apparently due to the intervention of Khrushchev, who declared, “Plant a scoundrel! For a long time…". Streltsov was sentenced to 12 years, left by parole and returned to big football.
Of the 48 appointed prisoners, 28 years were spent in prison by American Clarence Moses-El. The victim stated that she saw him in a dream, the examination did not confirm his guilt, but the man was still charged. The truth was found out only after almost thirty years during the re-examination of the case.
These examples are not the only ones. High-profile investigations of false accusations are connected with the American footballer Brian Banks, a Krasnodar man whom the mother-in-law accused of raping the little stepdaughter, sentenced the innocent American Lawrence McKinney and others to one hundred years.