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Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 23152
Experience:  18 years of litigation experience.
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I have someone that is threatening to falsely accuse me of

Customer Question

I have someone that is threatening to falsely accuse me of rape, here is the story. I joined seeking arrangement because I discovered my ex gf was on there so i wanted to see if she still was. In the process I contacted this girl. I told her that I was not looking to hand out $$$ and that I was more looking for a relationship, someone that enjoys going out, etc. We started texting, it turned into sexting. I was away for the weekend and she texted things "I cant wait for you to come home", agreed to wanting sexual contact, and was excited for me to come home on Sunday. I got home on Sunday and texted her she was out at a bar, she said she was drinking and wanted to meet. I met her at a hookah bar, she said lets go have a drink. I said its Sunday and you have already been drinking lets get you water and we can go to my place. She said I don't need water but I will drink at your place. We got in the car and she started saying how cute I was, I didn't return the compliment which she didn't like. We talked for a little and she kissed my thumb and then out of nowhere bit it very, very hard. I said why did you do that she said I'm sorry I like to bit. I said you can't do that. We started to drive to my place and during the drive she told me how she just wants someone who will respect her, treat her right, take her out, etc. She was kissing my cheek and then bit my arm again, I said please stop. We got to my place she walked in and talked to my roommate for a little. We went upstairs to smoke pot, I did not offer her any drink. She climbed into my bed and I was standing besides it. We smoked, she took her pants off and was sitting on my bed. I was not showing interest in her so she started to unbuckle my pants and kiss me. This lead to us having sex. During sex we stopped a few times, she bit me once more and I said if this happens again I will ask you to leave. She said okay she will not do it again so we continued. She then said "hit me, in my face hard" I said what?!?! She said hit my face, I like it. I said no I am not going to touch you, she got upset at this and bit me again. I stopped and said okay that's it, please get dressed. She argued and said your not going to make me leave I said yes I am I will get you an uber. I told her i need the address to enter into the uber, she said have it take me to my car then said never mind my boyfriends house. I said all I need is an address. She got dressed, was surprised I would just stop. We walked downstairs, my one roommate was still there. I requested an uber for her walked her outside and offered to wait with her. She said please go inside so I did.
I did not hear from her after that but know she got home as the uber notified me. Around 1:30 am i get a phone call from a random number. I did not answer. Then I get a text saying " I hope you are going to turn yourself in or it will be done for you, charges have been filed". I searched the number and it appears to be a guy friend of hers. I did not reply to this but here is what I did - I went to urgent care to document the bit marks, saying someone bit me during intercourse and i wanted to make sure she did not break skin. I have two roomates, the one that was in his room told me the next day that he heard nothing but her enjoying herself. The one watching tv can vouch that she came in and went up to my room on her own will, he also saw her leave and me be polite to her. I did notice things on her body - her knees were scraped up, she had a large bruise on the side of her leg, and it looked like scratches on the inside of a thigh. The guy got my family business number and called it last night saying do you know your brother raped a girl last night, my brother said what are you talking about and the kid said yes he raped a girl, she thinks she may have been drugged, and is not sure if she is going to press charges. I am afraid they may be after $$$ and this is something they do together, she goes out sleeps with guys, he threatens, puts bruises on her, etc. but they have not asked for anything yet.
What can I do to protect myself, I am highly concerned because of the bruises she already had on her. I took pictures of the bit marks and my hands/knuckles to show I have nothing on mine. I have texts of her saying she wants me. I have proof that I paid for her uber ride home, I have my roommates side of what they heard and saw. Yes she was drunk but never said no, in fact the opposite she begged for it. Do I file a police report first, if so this could prompt her to file a false rape charge when she may not have even done so in the first place. My best friend has a lot of mutual friends with the guy who called and texted me, he said he does not seem to be the type of person to try and con someone and he could contact him to say whats going on.
Submitted: 6 months ago.
Category: Family Law
Customer: replied 6 months ago.
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Expert:  Zoey, JD replied 6 months ago.
Hello, If you wanted to file a police report for a misdemeanor assault for the scratches and bite marks you can. She will probably claim, however, that they were defensive wounds she made trying to fend you off when you raped her. So since she hasn't done anything thus far, and you have good evidence in your favor, avoiding the police might be in your best interest. Apart from that, I'd leave the whole thing alone and cease contact/block the girl or anyone who is friends of the girl. The charges she's considering are very serious, and this is an situation in which self-help can backfire. Anything you do or say to her, or to her mutual friends about this instance can be twisted and used against you. Even self-serving statements that you did nothing wrong prove nothing in your favor and can lead to admissions that you could regret. And you certainly don't want to be in a position where you could be blackmailed, if this is what all of this is really about. If you want to start looking for a criminal lawyer, just in case, you can do that. You don't have to actually retain one at this juncture, as there isn't anything for the lawyer to do. But a consultation may make you feel more secure just knowing someone has got your back and that you have the name and phone number of someone who could step right in and already be up to speed on the case, if the worst case scenario comes about and she does file charges.

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