is it to late

M

meno

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Jurisdiction
Arkansas
Someone made a false police report accusing me of rape. No criminal charges where made but my name was put on the state sex offenders list. I had to go from my home on the west coast to the east coast for family court. On top of travel i had to pay for representation. It was determined to be unfounded and my name was removed from the list. Can I go after her for the money this has cost me? How long do I have to file? And can I have the case heard in my state?
 
You can report the matter to the prosecutor in the county and state where the charge originated.

If the prosecutor agrees, she'll be charged.

Otherwise, suing a deadbeat is a waste of your time.
If you got out from under the legal hammer, be grateful, live your life.
 
Sorry to hear about all the trouble you've been through. That must be an incredibly horrifying ordeal.

Typically you're better off letting the prosecutor do the work for your civil case first. This is because if the prosecutor charges the person who filed a false claim with a crime and they are convicted, that conviction can be used as evidence in a civil claim. At that point if you wanted to retain an attorney for the civil claim, it's even possible that you could have a much more flexible financial option. That said, as was raised by @army judge - you can't get blood from a stone if that person who caused all this harm is judgment proof. And @adjusterjack brings up another interesting issue - the age of the person making the false accusation.
 
I thought unfounded didn't mean false - it meant not enough evidence to press charges. That's been my experience of unfounded or unsubstantiated when I was a SARC.

I have seen it's very hard to prove a false accusation of rape or sexual assault. The only one I have heard of was there was a female soldier who accused her company commander or some other officer of rape - except the fact he was on a bus back from Ft Irwin from NTC. She kept swearing up and down that no he did it that day. Even though people were with him coming back. So she got charged with filing a false police report and fined.

You may as well just let this go. You'll never get any money and you're just going to spend even more probably.
 
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