Since the sexual revolution of the 1960s, the stigma of people having active sex lives before marriage has lessened to a great extent. In the past, a person might say they were raped rather than acknowledge their consent if it became known that they had sex. The view that some people lie about being raped is controversial, but evidently false allegations do occur. 

Despite the Controversy, False Accusations Still Happen

False allegations occur an estimated two to eight percent of the time. Even though the numbers are small, it means that the presumption of guilt rather than innocence is unfair to the accused, even though this stance compounds the problems of true victims when it comes to getting justice.

Many Possibly Genuine Cases Never Make it to Trial

It is important to note in this discussion that many rape cases go unprosecuted not because they are false allegations  but because the circumstances of the alleged rapes are murky, and these are then termed "no crimed" and not pursued. Other cases are not pursued because the victim decides that they do not want to go through the stress of a trial. A prosecutor may also feel there is little hope of conviction if there is very little material evidence to support the victim's claims, or the person waited too long to report the crime.

Is Consent a Murky Concept?

Consent is considered a murky concept by some, but there are many victims' advocates who feel it is actually not ambiguous at all. A person should be conscious enough to communicate and act in a coherent manner to give true consent. 

Advocates also say that a lack of protest or resistance does not mean that the person was voluntarily engaging in sex. This would lead a person to conclude that that the participants should both be giving clear indications that they want sexual activity to continue. If these factors are not present, the other person should stop. Otherwise, they risk harming their partner physically/emotionally, and they imperil themselves legally.

Reasons Some People Still Lie

Currently, people lie about being raped for a variety of modern-day, and also old-fashioned, reasons. These can include:

• attention-seeking
• revenge for a cooling off of affection on their partner's part or for their inconsiderate behavior following the encounter
• mild alcohol or drug use that has temporarily lessened inhibitions
• embarrassment when videos or pictures of the incident are posted on social media
• fear of consequences if they come from a family with strict moral or cultural standards
• monetary reasons. A person may try to blackmail a former partner by claiming an encounter was non-consensual.

What are the Consequences for the Accuser and the Accused?

Police can arrest and charge someone if they have probable cause to believe they are making a false allegation. Things that arouse their suspicions might be 

• The person seems to have an unrelated vendetta against the person they are accusing.
• The person's story is inconsistent and changes quite a bit with each telling.
• There is no physical evidence of a forcible rape, such as bruising or other lacerations.
• Witnesses who were present do not back up the person's version of events.
• Recordings of the incident indicate at least some level of mutual consent.

In the U.S, false allegation cases are not aggressively pursued since the fear of being charged for making a false report also deters true victims from coming forward.

For a person falsely accused of rape, the consequences can be devastating. While they could face many years of incarceration if convicted and have to register as a sex offender after they get out, just being accused would harm their reputation and possibly do serious damage to their careers. A false accusation can also cause a person emotional harm and relationship problems.

It is possible to sue a false accuser in civil court for defamation, but the likelihood of prevailing is poor. Contact a criminal defense lawyer for more information.