‘I am a soldier falsely accused of rape…everyone automatically took her side and I was guilty no matter what’
Below is a letter from Jim–another way our society says, “Thanks, soldier.” I don’t know any criminal law specialists in Kansas–does anybody have any ideas on how to help this gentleman?
“I am a soldier in the Army, stationed in Kansas and found your site. I have been falsely accused of rape and have made all attempts to clear myself, polygraph and DNA sample. I passed the lie detector and my DNA was not there. I did not have intercourse with this female. Everyone automatically took her side and I was guilty no matter what.
“I think the Army still wants to proceed with the charges. I have an attorney assigned to me, but any advice or course of action you might recommend would be helpful. “
|
| More from Glenn Sacks
Stumble It!
February 6th, 2008 at 8:16 am
See http://www.falserape.net.
February 6th, 2008 at 8:32 am
No DNA evidence? Ummm this sounds a lot like what happened at Duke University when a whole Lacrosse team was originally accused of rape then it was narrowed down to three men, one who was not even there.
Just about everyone was ready to lynch these men including Al Sharpton and Jessie Jackson. When it was proven no crime was committed by these men (a crime was committed by the false accuser) none of these loud mouths were anywhere to be found.
What makes this situation tougher is that it involves the military and they do have a different set of laws to go by. I do not think it would be possible to do to this prosecutor what was done to Nifong
February 6th, 2008 at 9:16 am
The Army is particularly awful about the whole rape accusation/sexual harrassment thing. Basically they use the most liberal, broad definition for each. For sexual harrassment, you don’t have to do or say anything, for the Army “perception is reality.”
In any case, if the guy didn’t sleep with the girl – I’ve seen a lot of females press charges just because they didn’t like the looks of the guy they woke up next to – then he should prepare to get a good civilian lawyer (usually ex-JAGs that work close to post) and be prepared to take it to a court martial.
Its in the commands interest to press charges regardless – because it would look bad for the commander if he didn’t – and active duty JAG lawyers, even the ones on the defense have the command’s best interest in mind, not the soldier’s.
In general, however, I’ve not actually seen a female claim rape when there was absolutely no intimate physical contact… Unless this is one of those “I was so drunk that I had sex, but I don’t exactly remember who did it” things.