Saturday 11 June 2016

Rape based arrests


It is very easy to be faced with sexual assault charges in this country. Rape allegations despite the ease with which they can be made are very difficult to disprove. The nature of rape allegations is difficult to prove in a court of law as it is the word of one person against another. The big question normally encircles the issues of consent between the two parties. In most cases the only victim is the complainant. Most false allegations are made disregarding the consequences they cause. A victim may be coached or deceived to believe that they were actually raped. The complainant may also be out rightly angry trying to get back or shed the blame on someone.

False allegations get a life of their own draining the life out of the accused person. A false disclosure is first made to a third party and the rumor starts pacing on its own leaving nothing to chance. However if you have been falsely accused of a rape offence you need not worry as the truth will prevail. Unlike a genuine sexual assault charge, false accusations are ever changing and the ‘victim’s’ account never remains intact as it is a web of inter-twined lies. It is therefore up to you with your legal counsel to work towards exposing the lie or else risks being wrongfully convicted and thrown behind bars.

When presenting your version of events to the presiding legal counsel, be consistent in the way you present your story. This will help your lawyers find any loopholes in the complainant’s stories. You may also want to find out what was currently going on in the life of the complainant. Of course this seems detestable as no one in their right minds would empathize with their false accusers. If you are able to find out what was going on in the life of the complainant at the time you will be able to know what reason they might be having for bringing such a serious charge against you.

If you have been accused of rape often the law enforcement officers will arrest both you and the complainant first and separate you so as to get the accounts of your stories. In most cases what actually happened is not very clear and they want to get to the root of the matter. Alcohol use in such circumstances to relieve your stresses is not advised as it only leads to more confusion. However for you to be arrested there must be probable cause for the arrest. You however must be able to prove to the prosecution beyond reasonable doubt of your innocence for the charges to be dropped.

The tools used to determine whether a rape case should be criminally prosecuted are a polygraph test and a sexual assault nurse examination. This examination shows proof for forceful vaginal entry, semen traces and hair samples. If this examination is done in your situation, firmly insist it be tested for accuracy lest it be tampered with.


An accusation of rape is a very serious accusation especially if you are innocent as it may cause one to be wrongly convicted of a crime they did not commit. Once accused of rape talk to an experienced attorney and review the facts of your case. The attorney will also direct you on proper behaviour in court till resolution of your case.