Falsely Accused: False Rape Allegations
In 1989, Gary Dotson became the United States' first innocent prisoner to be exonerated through DNA evidence. Dotson had already served 10 years of a 25-50 year sentence for aggravated kidnapping and rape. Although his accuser recanted her story in 1985 and said she made it up to cover a sexual encounter with her boyfriend, a judge refused to order a new trial, saying that the complainant's original testimony was more convincing than her recantation. In 1988, Dotson's defense attorney conducted previously unavailable DNA tests, which ultimately proved his innocence. An innocent man served 10 years for a crime he didn't commit, and which even his accuser admitted never even happened. One study shows that between 1989 and 2003, 328 men and women convicted of rape were exonerated; over half of those had already served 10 or more years of their sentence, despite their innocence.
False rape accusations are serious, potentially destroying the lives of the accused. While some organizations show that only 2% of rape claims are unfounded, other research shows false rape claims to be as high as 43%. The FBI's 1996 Uniform Crime Report states that 8% of forcible rape claims are unfounded, compared with the 2% average for all other crimes. The FBI statistic only accounts for forcible rape charges determined to be false through investigation. It does not take into consideration the number of other false sexual assault claims or the number of accusations recanted or dismissed at trial.
Locally, the OSBI reported 1,453 rape offenses in Oklahoma in 2008. If the FBI statistic that 8% of rape claims are unfounded holds true, that means there are potentially 116 Oklahomans wrongfully accused and convicted of rape each year.
Some victims' advocates claim that women don't lie about rape; however, recent high-profile cases have proven that to be untrue. Kobe Bryant, Ben Roethlisberger, and the Duke Lacrosse team represent only a few of the incidents of false allegations of rape that have received national media attention.
Some reasons accusers lie about being rape include:
- spite or revenge
- an alibi for their own sexual encounters
- a ploy for sympathy or attention
- regret over sexual indiscretions
Recently, a woman pulled over for a traffic violation claimed she was sexually assaulted by the officer who wrote her a ticket. Her annoyance at a minor traffic ticket could have cost an officer his profession, his family, and even his freedom, had it not been for the officer's dashboard camera. See the news story below:
If you have been accused of rape, seek defense counsel immediately. Do not answer any questions about the alleged incident or talk to police until you have an Oklahoma rape defense lawyer present. If you are innocent, your first instinct may be to try to clear things up with the police, but even if you have not yet been arrested, your words can be twisted and used against you. An attorney with a proven record of successful rape defense is your best ally if you have been falsely accused.
July 3rd, 2010 - 08:34
Evidentally you do not provide contingent services for the innocent…I guess there is no recourse against DHS or the demented accusers…Fabrications & Allegations by 2 Drama Queen Sisternlaws (one had visions from god & the other eats aprox 300 Loritabs a mnth)…It seems that after accusations have been made to DHS then the one accused should be interrogated, have a lie detector test, etc., to try to determine if the allegation occured, instead of intruding into a 5yr old grls private life by stripping her down naked to perform a rape test kit on video in the 5yr olds presence to where she can see herself on a screen while she is being poked, probed, and molested by DHS, due to mere accusations…Go to court w/in the 5day window the DHS wrkr has, they present their case to the DHS Judge but they have NO medical records of the findings from the test performed on the 5yr old because they are not completed (?) (due to understaffed w/too heavy of a case load), then the accused has not even been interviewed by the DHS case wrkr prior to the court date (this creates more time that the innocent are seperated frm their chldrn) (another way for the state to generate more $$$ due to their case not being completed)…Why does DHS not have in place w/their (godly) proceedures a system where the accused is tried to be proved innocent or guilty by a proceedure of a lie detector test or interogation prior to the innocent child being molested by DHS which stems from Allegations? Why intrude into a childs privacy? Can they not develop a procedure where the rape kit on a 5yr old is the last alternative? My 5yr dghtr now thinks that she is seperated frm her prnts because this is her fault….A 5yr old……Is there no criminal or civil recourse that can be brought against DHS for having a system that is intrusive into a childs life which is brought about frm allegations that are false…Can DHS not provide a proceedure they perform against the accused that can clarify whether the accusations are true or false? Can criminal or civil recourse be brought against the accusers for making bogus allegations that stem from jealousy, visions from god, and a mind of a sister in law that is dilusional from 300 Loritabs a mnth?
August 16th, 2010 - 18:51
I’m from a small town in MS and my husband has been falsely accused of raping his then 15 year girlfriend daughter. All evidence presented in his case proved that he was innocense. A rape kit test was performed the next day, almost 24 hours later, child had taken a bath. Child and her mother had been wearin the same panties. Child was mad because she had gotten a whipping, cried rape. My husband mistake was that he vounteered his DNA and statement. The state testified that the semen could have been his but was too weak to positive. The investigator, was in on it. Instead of him turning his clothing in to the crime lab, he took them home and kept them overnight before turned them in. My husband lawyer did a great job in proving his innoncense, but the one of the jurors was seen getting out the car with the alleged victim uncle, but since there was no pictures and no other witness who would speak up, the judge wouldn’t hear it. Now my husband has been sentenced to 30 years for a crime he didn’t committ. The alleged victim’s mother spoke up on his behalf and told them that her child was setting him up, but the judge wouldn’t let it be entered into evidence. Now we are in the process of getting his trial appealled. After his trial, the investigator who helped to set him up has since left the Sheriff Department.
July 8th, 2011 - 19:35
There is no such thing as ‘weak semen’. DNA is present in every cell that has a nucleous. The only cell that does not have a nucleous is an erythrocyte, a red blood cell. So semen is not necessary. Most people do not realize that DNA exchanges are as innocuous as shaking hands or riding in a bus. A person who quits their job might do so for a legitimate reason however it could also be a sign of their guilt. A person who waits until the rape kit is no longer effective is lying and her hesitance is the proof.
July 24th, 2011 - 11:29
This is a Revision
All cells, except erythrocytes (red blood cells) contain DNA and there is no such thing as ‘weak semen’. The male prostate gland produces semen and it has two purposes. It provides nutrients for the sperm and acts as a carrier of sperm. Some men have low sperm counts and others may have malformed sperm.
Chimerism is a biological condition where a person has multiple DNA in their body. This usually occurs when multiple fertilized ova (as in fraternal twins) are reabsorbed to form one individual.
DNA is present in every cell that has a nucleus. The only cell that does not have a nucleus is an erythrocyte, a red blood cell. All other cells have a nucleus. So semen is not necessary. Most people do not realize that DNA exchanges are as innocuous as shaking hands or riding in a bus. The point is that the collection DNA evidence must include physical factors.
For an example, a fingerprint would provide genetic and the physical evidence. However, fingerprints can be duplicated and DNA can be planted. So if a fingerprint was discovered on a ceiling fifteen feet high then one would wonder how that got there. If there was no DNA, was the fingerprint planted? This would be true if the print also contained chemicals used in preservation and processing of DNA. This leads to consistency.
If the physical evidence is inconsistent with biological evidence then the claimant is lying. So when the biological evidence proves that there are two or more donors and she said that there was only one then she recently had sex with another person unless the attacker was chimeric.
However, when the purported victim waits until the evidence disappears, this is proof that she is lying. Anyone who ignores the evidence by substituting personal prejudice for the facts is a liar. The problem is that many women lie about rape, spousal abuse, child abuse. The reason for this is that lying gives these women an advantage in court and they become Queen for a Day while an innocent victim languishes in prison.
Usually, the investigator(s) and the female complainant enjoys complete anonymity. In other words, the public is not fully informed about the trial nor the evidence in the matter. In doing this, the court deprives the accused of a public trial that would allow the introduction of other exculpatory evidence, including DNA. DNA is measured in nanograms, one billionth of a gram. and it’s either there or it is not there. So any person who waits until the rape kit is no longer effective is lying and this hesitance is proof of their guilt.
Note: “Queen for a Day” was a rigged television show that was shown in the 1950′s. It is often associated with ‘payola’ payments for commercial favors. Other shows included Twenty-One and the $64,000 question.