The Impact of False Allegations

Even if you're not convicted, false accusations can have lasting effects. The consequences faced by those wrongly accused include emotional trauma, social stigma, and career setbacks. If you can prove your ex intentionally made false allegations, you may have grounds for a civil suit to provide you with financial compensation for the harm you've suffered.

Emotional Trauma

Being falsely accused of a crime as serious as rape or sexual assault can lead to feelings of shame, anger, depression, and anxiety. You may find yourself turning to drugs and alcohol for comfort or acting out in other ways that put your long-term well-being at risk.

Social Stigma

Relationships with your loved ones may be strained as they grapple with the allegations and their aftermath. Friends and family may not know who to believe or prefer to distance themselves from the matter entirely. Even after being cleared of charges, you may continue to face skepticism from friends, family members, employers, or potential romantic partners.

Career Setbacks

A false accusation can result in job loss or difficulty finding new employment due to lingering doubts about your character. If you are a professional with a high-profile job, false allegations can put the career you've worked hard to build at risk.

Penalties for a First-Degree Rape Conviction in Oklahoma

False accusations after a breakup typically result in a first-degree rape charge. Oklahoma Code section 21-1114: First- and Second-Degree Rape states:

  1. Rape or rape by instrumentation in the first degree shall include:
    • Rape committed by a person over eighteen (18) years of age upon a person under fourteen (14) years of age
    • Rape committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime
    • Rape accomplished where the victim is intoxicated by a narcotic or anesthetic agent, administered by or with the privity of the accused as a means of forcing the victim to submit
    • Rape accomplished where the victim is at the time unconscious of the nature of the act and this fact is known to the accused
    • Rape accomplished with any person by means of force, violence, or threats of force or violence accompanied by apparent power of execution regardless of the age of the person committing the crime
    • Rape by instrumentation regardless of the age of the victim or the age of the person committing the crime
  2. In all other cases, rape is rape in the second degree.

If you are found guilty of first-degree rape in Oklahoma, you face a minimum of five years in prison and could potentially be looking at a life sentence depending on the details of your case. A conviction would also require you to register as a sex offender.

Fighting False Rape Accusations With Guidance From an Experienced Criminal Defense Attorney

Facing false rape allegations can be a daunting experience, so having an experienced legal professional to navigate the complexities of such cases is essential. A skilled criminal defense lawyer will know how to:

  • Analyze evidence and identify inconsistencies in the accuser's story
  • Gather supporting documentation, including witness statements, medical records, and other relevant information
  • Navigate pre-trial proceedings, such as hearings on motions to suppress evidence or dismiss charges
  • Negotiate plea deals when appropriate
  • Present an argument at trial that challenges the prosecution's assertions

If you'd like to learn more about what to expect as your case progresses, please request a copy of our free guide, Fighting the Guilt Machine. This resource outlines how sex crimes are prosecuted in Oklahoma and explains how to avoid some of the most common mistakes I see my clients making.

Lee Berlin
Dedicated to defending clients accused of domestic violence, sex & violent crimes throughout eastern Oklahoma.