My client looked at me with a tear in his eyes when we won his rape case at a preliminary hearing. “Henry” was going to be a free man and we hugged each other as he was eternally grateful but the reality is that his life of freedom would still end up being one that was a living hell. My client was innocent, in fact, the individual that lied about him rolled the dice on his future just because she could and the joy of the judge saying that his case would not be bound over to Circuit Court was soon be replaced with the horrors of what his life had become. The allegation against him was false but the pain of what he had endured at the hands of a liar with a motive to destroy him would never make up for what he lost.
After some time had passed, we kept in contact with each other. Henry was a good man but would forever be looked at in a different light. When asked about the experience, Henry somberly spoke of his ordeal: “She took everything from me. I lost my job when the prosecutor charged me. There was no physical evidence. There was no witness. There was nothing other than her word. We had been dating off and on for a couple of years and she wanted me to lend her money. She already had a history of not paying me back. This time I told her no and she told the police that I raped her. Despite the lack of evidence, I was still charged. I’m forever grateful that I am still a free man but what happened to me is something that I hope will never happen to anybody else. I can never truly get back to the place I was before the charge and the prosecutor just went on with his life like nothing happened.”
Is there anything that can be done about false allegations? How do we as a legal profession protect someone when the accusation is false and when it comes to Criminal Sexual Conduct cases (CSC), is the defendant presumed guilty before being proven innocent?