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What to do if You’re Falsely Accused of Rape in Delaware


The US criminal justice system presumes every individual is innocent until proven guilty, but that does not necessarily stop someone from being falsely accused of a crime. When that crime involves Delaware’s rape statute, you know the stakes are high. You be convicted based upon another person’s dishonesty, but there are consequences for your life and reputation even if you are ultimately acquitted.

The best strategy for protecting your rights after a false accusation of rape is to retain a Wilmington sexual assault or rape defense lawyer immediately after you were arrested or became aware of the charges. Some additional tips may also be useful. 

Exercise Your Right to Remain Silent: Under no circumstances should you answer questions or make statements to police regarding rape accusations. Even if you are only speaking to profess your innocence, your words could do more harm than good. Politely decline when an officer asks for information. The only statement you should make is that you want to call a criminal defense lawyer. 

Don’t Discuss the Incident with Others: Avoid the temptation to talk to other people about the allegations, including family, friends, neighbors, and co-workers. By discussing the incident, you could be making these individuals witnesses. The exception is your spouse, as he or she cannot be forced to testify against you.

Plus, you should never post content on social media regarding false rape accusations. At minimum, change your privacy settings so that only trusted individuals have access. The best strategy is to steer clear of social networks entirely during the proceedings in your criminal case. 

Avoid Attempts to Contact Your Accuser: It is completely understandable that you would be frustrated, angry, and confused about false allegations of rape. However, do not try to contact your accuser – even if you simply want to sort things out or apologize. Communicating with him or her cannot help your case, and it usually works against you. You could even face additional criminal charges if you take it too far. 

Help Your Attorney Help You: Prosecutors need solid evidence to obtain a conviction, and this usually means more than just the accuser’s words. When the evidence is thin, you have ample opportunity to defend rape charges, but your attorney will need strong support to dispute the allegations. For instance, one of the strongest defenses in a rape case is stating that the accuser consented, which you can prove through:

  • Phone records and text messages indicating a consensual intimate relationship;
  • Witnesses who know your relationship with the accuser; or,
  • Other information that reveals your history with the accuser.

Get in Touch with a Delaware Rape Defense Attorney Right Away 

Things may look pretty grim if you were falsely accused of rape, but you should not lose hope. With help from an experienced lawyer, you can ensure that the truth comes out and take advantage of any defenses to the allegations. For more information on fighting rape charges, please contact Attorney Michael W. Modica. You can set up a consultation at our Wilmington, DE office by calling 302.600.1262 or checking out our website.



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