How does a rape accusation work?

Question

Do I just say, "Hey this guy raped me" and he goes to jail, or does there have to be some real proof like evidence of a struggle, or is DNA evidence enough? If they just go by DNA, how do courts decide between rape and consensual sex? If it's a case of his word against her's, does it even go to court or does the woman's testimony mean more than evidence or lack thereof? Do men get convicted just due to a good story or is there some sort of minimum requirement for evidence?

I haven't had sex in months. I'm just wondering how the whole deal works? Maybe I might become a lawyer if this question doesn't turn out the way I think it should?

Answer 1

The crime must first be reported to police. In this the victim will give a statement outlining all the facts (where, when, how). This process can be quite traumatic as the victim is forced to relive the experience in detail. The victim may also need to undergo a medical procedure to procure any DNA evidence from her body (ie; a vaginal swab).

After this occurs the investigation begins. The police would question the accused, find out a potential alibi, collect evidence from the scene of the crime and so on.

After this occurs, the police go over the evidence to see if there is enough evidence to support a conviction. Contrary to popular belief, approximately only 10% of reports have enough evidence to proceed.

If there is enough evidence, the accused will be charged and a trial will commence. In the trial, all evidence will be presented, the victim will have to give verbal evidence outlining her side of the story. This evidence will be scrutinised by the defence. It is not uncommon for the victim to be torn down or accused of leading the defendant on. This issue of consent, and whether the victim gave consent, may come up.

The jury then needs to decide whether they could convict the defendant beyond reasonable doubt. Once again only a small number of defendants are found guilty - of the 10% of cases that make it to court less than 1% are found guilty.

Rape is notoriously hard to prove and the legal system, in many ways is unjust against women. Often there is no DNA evidence to rely on, if that's the case it's her word against his. Even if there is DNA evidence, it doesn't prove lack of consent. In all criminal cases, the jury needs to believe that the defendant is guilty beyond reasonable doubt (read: an extremely high level) therefore, even if there is one small doubt, the jury won't convict. On top of this, the victim is subjected to immense pressure and is forced to constantly relive the experience, face the attacker and by scrutinized - all in public.

Answer 2

Rape is a very fragile legal area. When a woman makes an accusation of rape she must do so as a formal charge which comes with an official statement. Depending on the circumstances, police will question individuals close to both parties to determine the mood, intentions, whereabouts, and other factors concerning the victim and the accused. When I was in college, my roommate had an intimate relationship with one of the girls in the dorm for several months. One day I came back from class, the girl's room was cleaned out and he was sitting, baffled, in our room. The girl accused him of rape, there was an investigation (my roommate was automatically suspended for 4 years from the university) and it was found that the girl had no real evidence that she had been raped (keeping in mind they were together for a long time prior to this occuring) along with testimony from her own roommates that she was experiencing mental issues of her own.

DNA evidence is not enough, men do not just 'get convicted'. The prosecutor has the burden of proof to prove beyond a reasonable doubt that the accused raped the victim. If a defense lawyer can show that the victim is mentally unstable, has a history of accusing others of bogus sexual acts, etc. she destroys her own credibility.

Thus, as the person above said, if you are seeking recourse against someone who didn't actually rape you - don't do it. You will ruin your own life and bring the accused down with you and I can surely guarantee you that you will regret it. On the other hand, if you were raped, call the police immediately.

Answer 3

its interesting...in many rape cases there is no DNA evidence because the guy wore a condom or cleaned the victim out.

I worked for the Ohio Innocence Project when I was in lawschool...I worked on a case where a woman was raped ..she was tied up, blindfolded, and the man cleaned her out afterwards with a douche...

It is a combination of credibility, evidence of a struggle, DNA evidence, lack of credibility of the accused and so forth....If you are refering to the Duke case...I would venture to guess that less well off suspects that could not afford 5 million in legal fees perhaps would still be tried as opposed to having their charges dropped.

If you are interested further speak to your local DA's office...many have a domestic violence/ Special victims unit that could tell you more about their prosecutions.

Answer 4

Generally, the claim must be made timely -- usually within a few hours, so that medical evidence can be gathered.

If the event occurred months ago, it is much more difficult to accumulate supporting evidence to back up your claim, which is one reason why many old rapes are never prosecuted.

Answer 5

Well if u live in the crooked state of Florida all you have to do is say that so and so raped me and they'll arrest that person and make up so many other lies, especially in Broward County.

Answer 6

I may be wrong but it sounds to me like you are trying to make a story up to punish an innocent person. If you were raped you should call the police.

Answer 7

you need help regardless you need to get help whether your lying or telling the truth so go get some help please