VIC False allegation for r**e, what can i do?

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5 February 2018
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0
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I've been falsely accused by a colleague for r**e in the arts industry, I was called into the police station last week and they seem to likely be dropping the investigation considering the evidence I have completely conflicts with her statement and proves that I was a victim of an upset individual whom wanted to continue on a relationship which I was not interested in. Her accusation comes months after multiple sexual encounters and months of messaging me wanting to continue on a relationship from the incident which she has fabricated and alleged to have been raped.

The anxiety and depression that i'm currently feeling has really taken it's toll on myself, and in all honesty as much as I should be seeing counselling I've been trying to deal with this on my own. My main fear is some injustice in the system where my evidence does not get filed properly, or a failed system that lands an innocent person who can prove they are innocent in jail. The police encounter was sincerely overwhelming and even when I had to go back to the police station to provide them with the physical evidence that exonerates me I began to break down emotionally. My name within the arts community has been tarnished, from people not wanting to work with me, to people refusing to go to venues in which I am even present. Whilst ironically she has seen a further boost by exploiting the current 'support the victim' mentality this community has developed regardless of the fact that her accusation is simply not true.

I really just want to know what can i do? and what happens when the police drop this (as they have indicated they will likely do considering how overwhelming the evidence to exonerate me is) can she be charged with something? I know the intent will be hard to prove, but I just can't seem to understand how what she has done is not considered a crime in itself?
 

Rod

Lawyer
LawTap Verified
27 May 2014
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If your post is accurate she has committed a crime and it will be up to the police to charge her. In the current climate I doubt that's going to happen. Police will fear it will stop genuine complainants coming forward. Crock full of balderdash in my view but that's life these days.

Your remedy is defamation which I suspect you already know by posting in this forum.

Defamation is not a DIY matter and suggest you see a lawyer to help you.
 

Arche

Well-Known Member
20 March 2015
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11
419
I can't see defamation succeeding because of her complaint to the police. Might be different if she told other people you raped her.
It is possible that she could be charged with making a false statement, or something like that. Can't say how likely that would be.
 
5 February 2018
2
0
1
I can't see defamation succeeding because of her complaint to the police. Might be different if she told other people you raped her.
It is possible that she could be charged with making a false statement, or something like that. Can't say how likely that would be.

Well she has told other people prior to even going to the police and after, and I've gotten word now the police are not going to pursue this case from the detective investigating the case, however he said with his discretion they cannot pursue someone for making a false statement if an incident has occurred because they would have to do this with everyone not just select individuals and if they risk going after people who are genuine victims in th future. They told me I may have a case regarding defamation but to also seek assistance from a lawyer, in all honesty I'm not sure if it's worth going through this process i don't really want any money I just want a retraction.
 

Rod

Lawyer
LawTap Verified
27 May 2014
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Then ask for it, in writing. I retraction would likely be more forthcoming if the request/demand is written by a lawyer, and sent on lawyer's letterhead.

BTW, a retraction/apology is not construed as an admission of guilt or wrongdoing so you can't later use the retraction/apology as evidence against them in a defamation case.
 

TonyDJ

Active Member
30 December 2020
7
0
31
I've been falsely accused by a colleague for r**e in the arts industry, I was called into the police station last week and they seem to likely be dropping the investigation considering the evidence I have completely conflicts with her statement and proves that I was a victim of an upset individual whom wanted to continue on a relationship which I was not interested in. Her accusation comes months after multiple sexual encounters and months of messaging me wanting to continue on a relationship from the incident which she has fabricated and alleged to have been raped.

The anxiety and depression that i'm currently feeling has really taken it's toll on myself, and in all honesty as much as I should be seeing counselling I've been trying to deal with this on my own. My main fear is some injustice in the system where my evidence does not get filed properly, or a failed system that lands an innocent person who can prove they are innocent in jail. The police encounter was sincerely overwhelming and even when I had to go back to the police station to provide them with the physical evidence that exonerates me I began to break down emotionally. My name within the arts community has been tarnished, from people not wanting to work with me, to people refusing to go to venues in which I am even present. Whilst ironically she has seen a further boost by exploiting the current 'support the victim' mentality this community has developed regardless of the fact that her accusation is simply not true.

I really just want to know what can i do? and what happens when the police drop this (as they have indicated they will likely do considering how overwhelming the evidence to exonerate me is) can she be charged with something? I know the intent will be hard to prove, but I just can't seem to understand how what she has done is not considered a crime in itself?
I feel your pain. Almost the exact same thing happened to me. Nearly destroyed me emotionally and still affects me every single day. Police told me they wouldn't go after her for making a false complaint as it might deter other women form making complaints when they see that it might have ramifications when it's shown they made a false complaint. Blows me away that the guilty are protected by the police and to try to get some justice, the victim has to take the matter to the civil court and spend thousands and perhaps years getting some small token of satisfaction.