Criminal Law Questions? Ask a Criminal Lawyer.
Thank you for your question.
In the event that someone is accused of rape, the police will investigate the complaint. This will include collecting evidence and taking witness statements. The District Attorney then reviews the information and makes a determination about whether there is enough evidence to press charges against the individual. In this case, where there is no evidence, the District Attorney may review witness statements to find out what the situation is. In the absence of evidence, if the witness statements are conflicting, or the witness lacks credibility, the District Attorney may not press charges.
It sounds like this case is a he said -- she said case. Seeing as how there was alcohol involved, it is possible that the District Attorney may not trust the victim's recollection, especially in light of the fact that she remained in the same bed as the aggressor for the evening. In the absence of any physical or other corroborating evidence, the District Attorney may not find the case compelling enough to press charges. The judgment call will depend on how the District Attorney views the situation and how credible the victim is.
Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.
If it can be proven that she filed false charges or lied then the answer to your question is yes. The fact that criminal charges are not pressed does not mean that the event did not occur, so the fact that criminal charges are not found is not dispositive of winning a case against her. The standards for each case are different.
You can file charges on her in a civil lawsuit for slander or defamation of character if you can prove that you suffered damages. However, she is entitled to defend against your accusation by telling the judge that everything she said was true. Truth is a defense to a defamation suit, so if the judge believes that this happened, then you may not win a lawsuit against her. However, it comes to again, he said versus she said.