Accused of rape

[Sir EvilFreeSmeg]

Accused of rape

If there was a woman running around saying you had raped her yet she refuses to press charges, what would you do?

 

[crawlingdeadman]

sue her for defamation? that is assuming "you" didnt actually do it...

 

[Yaboosh]

You could probably sue for slander.

 

[Johnny]

Kill her?

Well not really. Just use the fact that she didnt press any charges as evidence that she was full of ****.

 

[{KOW}Spazed]

I would go ask a lawyer what the best thing to do would be. I'm assuming it would be libel/slander and the best case would be a restraining order of some sort.

 

[Quietus]

This would fit under libel, most certainly - in order to get out from a libel charge, she'd have to prove it was true.

Restraining orders won't really help in this case, unless they're coming up and telling you it to your face.

More woman problems, Smeg?

 

[{KOW}Spazed]

But she wouldn't be able to go to your job and tell everyone that you raped her, etc. It would also keep her from going to your favorite bar and getting some guy to kick you ***.

 

[AeroJonesy]

Unless it's a written statement, it's not going to be libel. It could be slander, though, and probably defamation.

 

[toader]

Start by letting her out of the cage. The stuffed animals you threw in the cage with her probably don't believe her anyways.

 

[MixedVariety]

If there was a woman running around saying you had raped her yet she refuses to press charges, what would you do?

As a few have pointed out already, it might mean a great deal if it were actually true.

 

[Sir EvilFreeSmeg]

Assume for now that it's not true

 

[kobold]

Be thankful for that oubliette in the backyard.

Kind of an open question, and it would completely depend on the situation. Are there any more details to this hypothetical situation? The obvious answer here has already been mentioned (slander, lawyer), but there are other possibilities which we should perhaps consider.

Edit: just saw your post. Are we talking your ex(?)-wife, or someone else?

 

[Sir EvilFreeSmeg]

Edit: just saw your post. Are we talking your ex(?)-wife, or someone else?

The ex is pulling this stunt.

 

[kobold]

The ex is pulling this stunt.

Thought so.

Going with your assumption, that really sucks man. What does your lawyer say about the situation?

My main concern there is the wee one (sorry, but I figure you can deal with it). How old is he again?

 

[Amra]

This is why you have a lawyer.

 

[AeroJonesy]

Marital exemption. In Idaho you cannot legally rape your spouse unless:

1) She resists but her resistance is overcome by force or violence, or

2) She is prevented from resistance by the infliction, attempted infliction, or threatened infliction of bodily harm, accompanied by apparent power of execution; or is unable to resist due to any intoxicating, narcotic, or anaesthetic substance.

West's Idaho Code Annotated, section 18, chapter 61.07

 

[Sir EvilFreeSmeg]

Dang, so you mean I can't say the same thing about the one time she jumped my bones when I was so exhausted I fell asleep in the middle of it?

 

[SaroDarksbane]

Accountability while drunk is only expected of men, I'm afraid.

 

[AeroJonesy]

If she hasn't gone to the police about it, I'd try and get a copy of a written statement that has the date and time on it. That way if she ever does go to the police, you at least have a recording that she was spreading it around town. It might kill any argument she makes as to why she waited so long.

 

[Module88]

If there was a woman running around saying you had raped her yet she refuses to press charges, what would you do?

"Me? Have sex? Okay..." :laugh: