Rape is a very serious and heinous crime that people from all genders and ethnic groups commit and experience – this is why it is taken very seriously when allegations come to light. However, as with any crime, sometimes these allegations are false. A false rape allegation can change somebody’s life for the worst for many years to come. They could experience years in prison that they will never get back or penalties that will change their lives forever in the worst ways.
You may or may not be familiar with the name Brian Banks. Regardless of if you have heard of him or not, he fell victim to the serious allegation of rape in 2002 and suffered consequences for many years because of this. In the summer of 2002, Banks was on a football team at Long Beach Poly High when he had allegedly engaged in consensual sex with a sophomore student at school. The sophomore’s viewpoints and version of events changed over the years until she finally admitted that the allegations of rape were false.
So, you may say, justice was served. Right? This was not the case for Brian Banks, who spent an astounding five years in prison for acts that he did not commit. Waiting and wondering when he would be set free to spend time with his family once again and experience the outside world as he used to. Banks was given a choice at trial to be sentenced to 41 years to life in prison or accept a plea deal. Banks decided to plead no content to one count of forcible rape and spent the five years in prison as a result, risking all in hopes that he would be set free.
When Banks was released from prison, Gibson received an order to pay $2.6 million to the former football player in connection with the case. The unfortunate truth is that no amount of money can make up for what was taken from this young adult. For the rest of his life people will be connecting his name to the allegations that they have heard on news stations and nothing will make up for the lost time he spent in prison where he could have been receiving a kick start on his life, hopes, and dreams.
What Do Law Enforcement Officials Look For?
If law enforcement is called to the scene for an alleged rape, there are certain characteristics that they are always looking for. Through investigation, they will be able to develop better probable cause to arrest one or more of the parties involved in the incident. If they experience any of the following things at the alleged scene of the crime, they may develop that probable cause:
- The alleged victim is extremely distraught at the scene. They may be crying, hysterical, or having a panic attack.
- If emergency service was called, there is a recording that shows the victim was in serious distress.
- The alleged victim tells the story the same way every time they are approached about it.
- The alleged victim appears to have been physically attacked.
- The alleged attacker admits to the crime.
What Happens in a Court Case?
When the accused is proved innocent of the false accusation, some jurisdictions will allow them to bring a civil suit against the accuser. False statements come into play and can be used against the once-accuser in a criminal fashion, as if the tables have flipped. Much of the damage done by the false accusation can never be undone for the wrongfully accused, this much is true. Having a verdict sends a clear message that conduct of false allegations cannot be tolerated in the American legal system. Just like in the case of Brian Banks, there is no possible way to give time back. However, other justices may come to light.
If you or somebody you know has been accused of the heinous crime of rape and you know it is a false allegation, you should immediately contact an attorney to start the process. You will need proper assistance during this difficult time to clear your name and pursue remedies against the wrongful accuser. Call The Law Office of Peter Blair today to find out more on how to begin the process of clearing your name and gaining the rights that you deserve.