Update on the trial of the false rape accusations made against me (for those who asked me to update when I went to trial).

Vindicater · 2012-11-17T08:47:40+00:00

[permanently deleted]

Jesus_marley · 2012-11-17T09:34:45+00:00

He gave me the paperwork to get all the charges expunged from my record, which I can do immediately at no cost. But, if I do that, I waive my right to take her or the state (for false arrest) to court. However, if I decide to pursue either her or the state in court, I will not be able to expunge the charges from my record for three years.

My question about this is why are you required to choose between freedom and justice? If you want justice for you false accusation you are required to maintain an arrest record for a sexual crime that you did not commit. If you expunge the arrest, you lose the right to seek justice for false imprisonment.

2012-11-17T09:51:25+00:00

Sue her hard.

Funcuz · 2012-11-17T11:39:31+00:00

Firstly , good for you !

Secondly , get it all expunged later and nail that bitch to the wall now .

AeneaLamia · 2012-11-17T12:17:55+00:00

I think a lot of people here would want you to take her to court for what you have suffered and for all the injustices they (and you) have seen here. But this is a tough choice to make... It is hard to say how much impact those 3 years on record would have, when it comes to other jobs or possible other accusations (of anything) that could be made against you in those 3 years.

Whatever you choose, decide carefully, and good luck.

2012-11-17T15:01:30+00:00

If you can afford it, you should sue her, but I know that is a hell of a charge to have on your record and no matter your status of innocence it will be hell getting a good job. I'll respect you either way. A part of me hopes you take her to court.

You could always get it expunged and try to sue her anyway.

Bennington2013 · 2012-11-17T15:45:17+00:00

WOW. I read all 14 comments- this is possibly the most important story I've ever read on this forum, and not one person even so much as commented on what is the obvious conclusion we can take away from this: That this is the reason women are rarely ever punished by the accused criminally & civilly. (maybe charged with perjury by the court)

First of all, 100% congratulations- we read everyday of men going to prison on nothing more than here say and then finally released after the female recants. You are extremely fortunate.

My first question to my attorney would be, WHY? Why do I have to make a choice between justice and my record for 3 years? And what is the deal with the 3 years? Is there some kind of law that states this clearly that I can go read? Is it only because of my exact situation in this instance?

If you could, please ask him if it is this way only in your state- where you have the choice between pursuing her or having it expunged off your record for 3 years, or if it is this way in every state.

If this is the case, then this is the most monstrous fucking evil imaginable- no WONDER women so casually make false accusations.

If you pursue her criminally though, the most she is going to get is a suspended sentence and probation- she's female. If you sue her, you'll get nothing - she's prob just some scab that works at a department store.

If you sue the state, that could take forever, and you would have to pay an attorney A LOT to pursue that- well, in other words, he's going to take a huge percentage at the end, though he'll prob work for free in the mean time.

I would be very curious & look up cases like yours (43 days in jail/false imprisonment) to see how much people have been awarded by the court after suing the state. Those cases can take years to finally settle btw.

Another problem- was your photo put on the news when this happened? Or can a news story with even your name be Googled? This changes the whole thing and flips it upside down now.. if your name (and worse, photo) is connected to the word 'RAPE' on the net, then that can't be 'expunged.' All that will happen (if at all) is the news will print a retraction or tiny paragraph on a back page stating you were found not guilty.

But even if that is the case, I would still go with the expungement, because then you can tell an employer "check my record- I'm telling you all of that was a false accusation I was cleared of."

Please ask your attorney if this is the same in every state and in every instance of accusation of rape.

What a sick, evil, hideous world we live in where you can't even go about your business & go to work everyday without having to live in constant paralyzing fear of being falsely accused by a female for rape (that you might have never even met) and having your entire life destroyed forever. And THEN to have the very laws or the laughable 'justice' system give her the sick & twisted LEGAL INSTRUMENT to DO JUST THAT TO YOU.

And then even when you're found not guilty, YOU are the one faced with a heavy burden of a choice and your record- not HER- the guilty one. And then of course left with the trauma of the whole event & the permanent psychological scars. It would be easy to imagine that in the not so distant future after the dust has settled and a few years have passed and you're no longer in the heat of all of this, that your basic attitude towards women will be to avoid them altogether out of fear of going to jail - "better safe than sorry."

ross2012 · 2012-11-17T16:11:45+00:00

I read that in China if you falsely accuse someone of anything, you will be sentenced to what the accused would have been sentenced to. That's the way it should be. Plus, I think a false accuser of rape should be registered as a sex offender for life as well.

But I heard someone once- can't remember who it was- someone who was a politician or attorney or legal expert state that if we make the penalty that harsh- say 20 years & then have THEM have to be registered as a sex offender for making a false accusation of rape, then no female would EVER recant because of fear of the punishment.

I don't know.. thoughts?

RealQuickPoint · 2012-11-17T16:27:32+00:00

Well, now we know why false reports are never punished. Your options are "have your life fucked up for the next 3 years so that she can get a slap on the wrist and politely asked not to do it again" or "pretend it never happened."

I mean, wow.

rightsbot · 2012-11-17T08:16:18+00:00

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CandidIgloo · 2012-11-17T09:32:11+00:00

Thank you for the update and a huge congratulations from me!

That's a pretty shitty decision to have to make though. As much as it'd suck to see it go unpunished, I definitely understand the desire to be done with it. Whichever you choose, hope it works out, and another update letting us know would be appreciated.

Samurai007_ · 2012-11-17T16:01:38+00:00

I think you should try to get a settlement for compensation and then expunge it immediately. A settlement shouldn't take as long as a court case, and then you could walk away with both a clean record and a bit of justice. Otherwise, you might have a hard time finding a job, etc with that on your record the next 3 years.

iongantas · 2012-11-17T21:03:22+00:00

I have some doubts that merely expunging it from your record will give you back what's been taken from you. I think it would be just for someone to pay you back for those lost days work, and for the girl's life to be ruined, preferably through media spectacle. Just my $.02

wildfire2k5 · 2012-11-17T15:16:28+00:00

While I think its bullshit that the charges would stick for three years, you need to let that woman and anyone she is friends with know that this is not something to be taken lightly and tha there are indeed consequences.

Collective82 · 2012-11-17T15:19:34+00:00

If you have lost your job to this I woul get all the paperwork needed to show the charges have been dropped and it was a false accusation, make several copies notarized so you can go job hunting while you do what you new to for compensation and justice.

Your record may be a mess for three years while this gets resolved but do you want to regret not pursuing this when you had the chance?

The paperwork shows your exonerated so keep it handy to show future employers that its a big mistake and get your justice.

babno · 2012-11-17T15:32:22+00:00

First, that is one of the stupidest, most idiotic laws I have ever heard of.

I think personally, for you, getting the charges expunged would be best. It's likely quicker, and as we all know even having the charges can make getting a new job difficult (I imagine you were fired?).

However, looking at the bigger picture, these scum piles need to learn their lesson. I also imagine this is one of the few times the state might be on your side. I mean in addition to locking you up, she also wasted state funds and jerked them around. Also note that you will eventually be able to expunge the charges, ideally before she gets out of jail which means you'll have a cleaner rap sheet than her.

If I were you, I'd look and see how well I could survive 3 years w/o a job/shitty job (you'll likely get unemployment, but usually that expires after 12-18 months). If you think you could make it, then go for the sue. Otherwise you might just want expunge and move on.

zombiecyborghitler · 2012-11-17T15:48:25+00:00

I do not accept expunging the record removes the other parties liability.

No way.

StockholmMeatball · 2012-11-17T16:36:36+00:00

This literally may be the biggest opportunity you will ever have in your life to oppose a truly evil person to the best of your ability. I think you will deeply regret letting this drop instead of going after her. Please, please, make this psychopath pay for trying to ruin your life.

2012-11-17T16:40:53+00:00

I honestly don't know what I'd do. It'd make getting a job very difficult and awkward for 3 years, but she seriously fucked you over and it's unfair to let that go unpunished.

I would ask your lawyer what punishments she could receive, and what the probability of her actually getting one of them are.

I guess it comes down to an awkward conversation with future employers, or an awkward conversation with your conscience.

wrez · 2012-11-17T16:50:59+00:00

Glad to hear everything worked out.

Expunged records and an acquittal is not really the same thing as innocence. IANAL but I've heard you can go through a process in order to be declared innocent.

Acquittals can still be dug up, and used as evidence of wrongdoing - e.g. a mob boss that killed people, went to trial, but then was acquitted. Still guilty of the crime, just not provable in a court of law with strict standards for evidence and doubt/guilt.

I believe your best bet would be shoot for innocence while pursuing a civil suit against the liar-girl. Recommend good legal counsel on all of above.

SilencingNarrative · 2012-11-17T17:03:37+00:00

I wonder what law they are invoking to offer you that choice and when it was passed, and who was behind it. I would love to see the text.

DougDante · 2012-11-17T17:16:44+00:00

If you don't take the deal, they won't expunge your record. Also they will throw the book at you. Take the deal.

Also, before agreeing, request your lawyer negotiate an alternate deal where the state repays you under their crime victim statue for the time you lost at work because you could not work due to being a victim of crime. (perjury and obstruction of justice)

eljefffe · 2012-11-17T17:32:22+00:00

Ask your lawyer if you can get the charges expunged and then sue her for defamation of character, instead of false arrest. Defamation of character would be a civil suit instead of a criminal suit, so it may be different. I wouldn't pursue anything against the state. You may win if you do, but would whatever reparations you get really be worth three years of having a rape charge hanging over your head? If it were me, I wouldn't go for it.

I do want to point out though, I'm basing what I'm saying off of this post, I didn't go read the original so I may be missing some important details. Also, I am by no means whatsoever a lawyer (yet, I plan to go to law school), so take my advice with a grain of salt. You could talk to your lawyer about that, but I am not making any guarantees that what I said is accurate.

Congratulations on getting cleared for this though, I have seen things like this happen to guys I know, and it is a horrible, horrible thing. I hope it all goes well for you, whatever decision you do make.

HERE_HAVE_SOME_AIDS · 2012-11-17T21:22:36+00:00

What's the likelihood you might get financial compensation? What's the possible award?

Do the math...if it's not worth your time, then I'd say move on.

jeannaimard · 2012-11-17T15:15:05+00:00

Sue the bitch. 3 years is not that long.

cdnheyyou · 2012-11-17T19:08:36+00:00

Did you lose your job or are you currently employed?

Some companies may interview before doing background checks,so if you do make it to the interview stage maybe make a mention of it (with proof).

Whichever you choose OP, best of luck.

Taharis · 2012-11-17T19:38:07+00:00

As someone who went through something similiar to this. do the expungement now. the longer that sits on your record the more damage it will do. people will find it and it can cause you to be harrassed lose jobs or job chances. it's not innocent until proven guilty in the court of public's eyes. it's guilty until proven innocent. people see that on your record and they assume you weasel your way out of it. why shouldn't they. they always hear on the news about how some pedophile got away with what they did with no harm to them. they never hear about the people wrongly accused. i wish i had this advise when i was going through my trouble. i highly advise you to duck your head and get away from this. plus you never know what is gonna happen in court if you go after her. she may become angry and fight and claw at you anyway you can. a woman scorned is a terrible thing to deal with. in the end it's your descion but best of luck to you sir

Warmaster_Bacon · 2012-11-17T20:24:39+00:00

I would take them all to court.

DomesticApe · 2012-11-17T22:14:30+00:00

The socially responsible thing to do is to take her to court, but it would be difficult for me in your situation. I mean 3 years is a long time to have that on record, and that could mean 3 years out of a career, no way you'd make that back in a lawsuit. It's a shame you have to be punished just to get justice.

pcarvious · 2012-11-17T13:01:44+00:00

Do what you need to do to.keep your life intact. If that means taking her to court do it. If that means getting the charges.expunged.immediately then do so. Do whatever it takes for you to walk around holding your head up high.

2012-11-17T11:06:30+00:00

Awesome! Either wya, it's a win-win! It appears like the major choice is between saving your record and wiping your reputation clean or getting compensation for the shit you had to go through. Either way, I'm glad you're through the shit of it, whatever you decide, keep on keepin' on!

blackmanplayt1 · 2012-11-17T18:09:32+00:00

get criminal charges pressed against this bitch

2012-11-17T23:30:42+00:00

Can you do another update when you decide what you're going to do and/or the results of your decision?

TerriChris · 2012-11-18T00:07:52+00:00

realized that the girl was lying

How am I not surprised.

SO sorry this happened to you.

My brother a few weeks ago went to pick up his kid at the poice station with my mom and I (we new theree would be a false allegation), and his ex told the Domestic Violence court (for a fee of $337) that there is "danger of abduction and abuse. Boom. The court immediately granted an Order of Protection and stay away order. She was lying. She got want she wanted...to hurt my brother with fool for courts and police.

HumanMob · 2012-11-18T00:09:06+00:00

Take her to court, if she does it once she'll probobly do it again. If it's on her record that she's a liar you'll protect another man from the same pain you went through.

2012-11-18T00:22:36+00:00

Regardless of all the debate your situation could generate, we're happy you're out and back among the land of the living.

2012-11-18T00:43:34+00:00

She might not have much now, but she will later. Consider it an investment. Sue her in civil court and win a judgement against her. If she does not pay, her credit is ruined. She can declare bankrupcy and the court judgement STILL stands. You can have her home sacked by a sherrif til she pays. Either way, she will learn a valuable lesson that will spread to other people who think it's ok to falsely accuse someone.

freudm9 · 2012-11-18T00:58:54+00:00

Buy a gun. Make sure you don't get caught.

typhonblue · 2012-11-18T02:11:33+00:00

However, if I decide to pursue either her or the state in court, I will not be able to expunge the charges from my record for three years.

Oh my. Well that certainly sounds just.

Planned_Serendipity · 2012-11-18T05:32:09+00:00

Congratulations that is great news.!! As far as the expunge vs. sue issue, that is a tough one. I really don't have any advice but good luck on whichever you decide.

actanonverba8 · 2012-11-18T06:22:48+00:00

"I am happy to report that all charges were dropped and I was acquitted."

Fantastic !

"My lawyer told me, afterwards, that I have two options. He gave me the paperwork to get all the charges expunged from my record, which I can do immediately at no cost. But, if I do that, I waive my right to take her or the state (for false arrest) to court."

WTF!! That is wrong, wrong, wrong, wrong, wrong. I don't know if that's legally incorrect advice, but the situation is sure as heck morally wrong. How can dropped charges even need to be expunged? And, her false accusations are a crime. Period. You had to suffer a lot of emotional pain and paid a financial price for her lies, on top of it. Sorry, just pissed.

If you know of another lawyer, I would ask for a second opinion on that law. Well, I'm heated reading that so I'll just say it is great, great, great your charges were dropped. I'd double check everything you've been told with people that know more than me.

Bobsutan · 2012-11-18T06:43:31+00:00

If the court isn't going to charge her with whatever, I'd probably sue the pants off her and the state. Basically they have a choice: pay in the form of prosecuting her, or pay you directly for their fuckup. Their choice.

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