You *may* have an action against her for defamation of character, slander, or possibly libel. However, there are a few questions to ask yourself:
1) Was the case taken to trial? If so, was it disposed of by a Not Guilty verdict?
Explanation: The standard of proof to prove someone guilty is beyond reasonable doubt. That means that the trier of fact (judge/jurty) has to be 99% certain that you did it. However, they can think you *probably* did it, but have some doubts.. and will then aquit. OJ Simpson is a classic example: He probably DID commit the murders, but the prosecution bungled the case so badly, there was reasonable doubt. As you know, a civil jury found him liable, because their standard of proof is much lower.
If you were brought to trial, and found not guilty, while this is important, she may be able to bring Truth is a Defense, and convince a jury that you did in fact rape her, based on the standard of proof she has to act upon.
2) If she later recanted to the authorities, and/or the authorities decided not to pursue her story, you have a slightly stronger case, but again, she may use Truth as a defense, and if a jury thinks that you did rape her, then you will have a tough time proving your case.
3) What are your damages? To sue for a tort such as slander, libel, defamation of character, etc.. you need to show how her actions harmed you. Did it cost you a job? Did it cost you money for lawyers, etc?
Only a lawyer in your state can help you evalute the answers to these questions. If you don't have a lawyer, contact your local or state bar association and they will assist you in locating a lawyer in your area.
2006-07-12 19:16:58
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answer #2
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answered by Phil R 5
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Get yourself a good attorney and bring a civil suit against her in court.
2006-07-12 16:27:07
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answer #3
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answered by rowdygirl 2
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adding to Phil's answer, you might want to talk to a local atty about malicious prosecution as well
2006-07-13 08:37:26
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answer #4
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answered by michattorney 2
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