. Copyright 2023, Thomson Reuters. Most jurisdictions (California Penal Code Section 148.5, for example) charge an individual who knowingly files a false police report with a misdemeanor. Although an honest misunderstanding or misstatement will not equate to guilt, anyone who knowingly and intentionally lies to the police can be found guilty of having filed a false report. The punishment can be up to six months in a county jail, plus fines and possibly probation, counseling and/or community service. This creates a risk of criminal prosecution of an innocent person. Your access to this service has been limited. In some states, lying to a police officer is a distinct offense. But in the majority of cases, a person simply falsely claims to have been the victim of rape or sexual assault. If the false rape accusation was made in speech only, then the person would sue for, It is possible that a person falsely accused of rape could sue for. Until that happens, you just need to sit tight and document all correspondence you have with the individual. Search, Browse Law 3 of the most common defenses are: If the defendant truly believed that the report was not false, it is a strong defense to the charge. If you file a police report in good faith but later discover the information you provided to the police is false, you should make both the police and the Commonwealths attorney aware of this. False accusation claims are fairly common and the situations can be complicated. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. The consequences of filing a false police report vary according to state and local laws. The state might be able to control certain aspects of a registered sex offenders life, including where they live, what jobs they can have, their ability to travel, and other rights that most people take for granted. If you have been falsely accused of rape, you most definitely want to consult an experienced. Lawmakers are also taking a hard stance against the type of false report that is commonly known as swatting. However, this only applies to cases where an individual knowingly filed a deliberately falsified report. However, not all states treat the offense as a misdemeanor. A complete and comprehensive accident police report includes the following information: Date, time and location of the accident. How Can I Find Out Who Called Me for Free? By working with your lawyer, you can legally contest the validity or terms of the protective order. Law, Government WV State Police We Need Your Help! If this is an Emergency or Crime in Progress, please call 9-1-1 now. This is an example of speech that isnotprotected by theFirst Amendmentand is in fact considered acrime against justiceitself. Fill out the form below and well be in touch within 1 business day! Contact an attorney immediately. If designated as a registered sex offender, a person faces a number of limitations and restrictions even after they have served their time. Travis earned his J.D. If a person is arrested for a charge of a sexual assault they did not commit, the person should not say anything until they can speak to an experienced criminal defense attorney. If you are charged with a crime due to the accusation, do not speak with the prosecutor in your case without your attorney present. Anyone found to have submitted a false police report will be prosecuted under the authority of Virginia State Code, Section 18.2-461 . We cannot guarantee that the information you receive through We do not handle any of the following cases: And we do not handle any cases outside of California. The criminal penalties for the offense vary across the states. Most recently, she taught English as a second language for Montgomery County Public Schools in suburban Washington, D.C. Now she devotes her time to writing on legal and environmental topics. For example, if witnesses can testify that you were not where your accuser claims you were, you probably have a strong case. Contact a qualified criminal lawyer to make sure your rights are protected. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. How to Find Out if Someone Has a Warrant? First of all, if another person has filed a false report of rape and a person has been charged with a crime as a result, then the person cannot file a civil suit for damages until the criminal charge has been resolved.. For this reason, a false statement presents a complicated issue, and the outcome will largely depend on the specifics of your situation. Every crime in California is defined by a specific code section. Definitely recommend! Filing false police reports in New York: Material omissions. Making a Terroristic Threat: What is Considered Terroristic Threatening? A defamation lawyer can analyze the facts of your case and advise you how best to proceed. Simply making a mistake is not a crime. Rape can also include sexual contact with a person who is. However, for as long as the order is in effect, it is in your best interests to follow the protective order to the letter. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law Criminal statutes and court decisions define who has to receive the report for it to fall under a false reporting law. Charged With Filing a False Police Report? Other charges may be filed, as well, such as auto insurance fraud. Finding forgotten life insurance policies, What is Bearer Bond and Why the US Banned it, Everything you need to know about small claims court. Misdemeanors typically carry up to a $2,500 fine and 1 year in jail. The registered status lasts for years, and in some cases even a lifetime. Anyone considering filing a false claim of rape should most definitely pass on the impulse. Filing a false police report is a crime. Warning Signs of Job Scams and How to Protect Yourself, How to Transfer Property After Death Without Will. In a majority of false rape allegation cases, a person intentionally lies about being the victim of rape or sexual assault. This is especially common when the police report claims that someone else has committed a crime. Answered on Oct 11th, 2012 at 5:25 PM. Estate Even with all this helpful information, sometimes you just need to talk. (18.2-461) Using the Norfolk Police Department Online Crime Reporting System you can report a variety of incidents . Submit your case to start resolving your legal issue. Rape/sexual assault is one of the most serious felonies and can carry a penalty of years in prision and, Understanding the numbers behind false rape accusations starts with the legal definition of a false claim. Complaints that are not notarized will not be accepted and will be returned to the sender. Some jurisdictions don't require proof of such damages and will allow defamation per se claims to be filed by someone who was the target of a false police statement. Visit our California DUI page to learn more. Determining Divorce: 5 Types of Divorce You Must Know, Sex Offenders: Complete Guide to be Protected, Digital Token Age: Security Laws and Regulations, Facial Recognition Technology and Legal Restrictions, Car Repossession Laws: Dealing with Car Dealers and Auto Fraud, Starting a Business and Business Licenses, General Data Protection Regulation (GDPR) Guidance, Have You Been Arrested? He has been great for us, the very best. How to Find Someone's Location Using Their Cell Phone Number? In some states, false filers can be charged with either a misdemeanor or a felony. Law, Insurance By establishing an attorney-client relationship with a criminal defense attorney from a reputable law firm, defendants can try to escape from these penalties by beating the charge. If this is an emergency, please call 911. If you have been falsely accused of rape, you most definitely want to consult an experienced criminal defense lawyer. Police reports can either be filed at a police station or with an officer. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. Anyone can file a police report. You can also read the documentation to learn about Wordfence's blocking tools, or visit wordfence.com to learn more about Wordfence. We respond to all communications within one business day. A false report is when a purported victim goes to law enforcement claiming that another person assaulted them, but a subsequent investigation proves that in fact it never occurred. Cases You'll Need a Lawyer, Getting a driver's license in the US: What to Know, Car Theft in the US: Prevention and Facts, Changing your Name after Marriage: What You Need to Know, Finding the Perfect Roommate: Dos and Donts, What if You Get Into a Car Accident? Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. Intentionally accusing an innocent person of rape or sexual assault can result in both civil lawsuits for damages and criminal charges. The victim of a false police report could suffer serious and damaging consequences. Please verify the following to find out if online citizen police report filing . And. Michigan law, for example, imposes a prison sentence of up to 20 years for such false reports. Law, Insurance First-degree false reporting, the most severe type in New York, is a class D felony charge.3 Convictions carry up to: In addition to fines, jail time, and the strict terms of probation, people convicted for filing a false report will also be penalized by the blemish on their criminal record. Doing so could both make your case work and result in additional charges. Well, you guys treat people well. In some states and in some situations, the prosecutor may be required to prove that the defendant made the false statement with the specific intent to interfere with the criminal justice system. Police reports don't tell the whole story, but they can be incriminating and misleading. Do not, under any circumstances, communicate with the person accusing you without a lawyer present. Firms, intentional infliction of emotional distress, Expungement Handbook - Procedures and Law. If no criminal charges have been filed, but the police are investigating a false claim of rape against a person, again, the person should wait until the results of the investigation are known. False allegation cases stemming from a person intentionally making inaccurate accusations. This means that retracting your statement can be difficult, as your statement is already part of an ongoing criminal investigation. Many attorneys offer free consultations. A person who has been falsely accused should be sure to protect their rights, stay calm and stay silent. Intentionally accusing an innocent person of rape or sexual assault can result in both civil lawsuits for damages and criminal charges. This is because pursuing justice is largely in the hands of the Commonwealth. Additionally, the prosecution will seek to prove that in making a false police report, those actions deceived the police and/or hindered a criminal investigation. Lying, or filing a false report, to police is too great of a risk to take. Subscribe to Justia's We provide transparent flat fees and flexible payment plans in most cases. Thus, the elements of the crime are as follows: Depending on the jurisdiction and the details of the case, the prosecutor also may be required to prove that the defendant made the false statement with the intent to interfere with the criminal justice system. The defendant must know that the information is false for it to be a crime. Moral Turpitude: Definition, Examples, and Much More! Email Hacking: Laws, Penalties and Protection, Differences between Criminal and Arrest Records, Public Records and Property History: What is Public Information and What Isnt, How to Find Out Who Owns a Vehicle Using Reverse Lookup Tools. The West Virginia Domestic Violence Registry is an innovative collaboration between the Supreme Court of Appeals of West Virginia, the West Virginia State Police, the FBI, and more than two dozen other state, federal, and private entities.