Imagine that you go on a date with someone but the date doesn’t go well. You end the date, wish the other person well, and go home. Two weeks later, police knock on your door and tell you that are being arrested for rape. With a shocked look on your face, you ask who is accusing you of such a crime. The police officer says, “The person you went on a date with two weeks ago.”
Although rape does occur at alarming frequency, false allegations of rape also occur. A prosecutor does not have to have actual physical evidence to charge you with rape. Many times, a rape case comes down to a “he said, she said” situation. This becomes an even worse situation of the person who falsely accused you of rape has a bad reputation for doing this.
In Utah, Courts follow Rule 412, which says: ”The following evidence is not admissible in a criminal proceeding involving alleged sexual misconduct: (1) evidence offered to prove that a victim engaged in other sexual behavior; or (2) evidence offered to prove a victim’s sexual predisposition.”
Basically, this rule prohibits defense attorneys from proving that the rape accuser has a propensity to engage in sexual relations with other people and they acted in propensity by falsely accusing someone of rape. If you’ve been falsely accused of rape, it is important to have a defense attorney who understands this rule and has a strategy to get around this rule. Even under this prohibition, a defense attorney may be able to help prove that your rape accuser had sex with someone else who is the source of the physical evidence in the case.
If you are falsely accused of rape, there are ways to defend yourself. Do not go to the police to tell your side of the story. Instead, find a defense attorney that can defend you against these false allegations.