Of all the accusations I defend clients against as a Chicago criminal lawyer, I see a persistent pattern of intentionally false accusations in the area of date rape and sexual assault. Indeed, although the difficulty of accurate research into false rape allegations is compounded by political agendas and poor methodology, some of the more objective and rigorous studies have found that 45% of rape allegations are intentionally false. I find these cases particularly disturbing because the accuser is attempting to alleviate her personal distress, regret and guilt over her voluntary actions at the expense of another person's life. The case of Montana quarterback Jordan Johnson is a perfect example of how the only way to prevent this injustice, as well as imprisonment, sex offender registration and loss of career, is having the right defense vision.
Jordan Johnson was a highly recruited starting quarterback for the University of Montana. On February 4, 2012 he went home with a girl to her apartment after a school dance and the two had consensual sex while watching a movie. The girl's roommates were in the living room, which was next to the bedroom, and testified that they never heard the girl scream for help or heard any noise of a struggle. The girl would later send a note to her friend saying "And now I keep thinking that maybe I did want it, and that's why I didn't punch him or kick him or bite him. It's all kind of ridiculous because I know I didn't ask for it.The more and more this goes on, the more I feel guilty about it. The whole situation makes me think I just lied." The girl then filed for a restraining order against Jordan and he was kicked off the football team. On March 1, 2013 Jordan was found not guilty after a trial by jury.
Jordan's case illustrates a few important points in resolving false rape accusations. First and foremost, because date rape and sexual assault accusations are often "he said she said" it is crucial to investigate these accusations as thoroughly as possible through subpoenas, emergency orders to preserve evidence and the use of private investigators where appropriate. You can read more on this point in my article "The Importance of Early Investigation in Rape and Sexual Abuse Accusations in Illinois." Because Jordan's defense team took the time to do this, they obtained, among other things, proof that the accuser said that "the whole situation makes me think I just lied" thereby decimating her credibility. There are, unfortunately, many lawyers who do not put in the time or effort into investigation and research out of court to properly lay the groundwork for success in court. These failures can result in innocent men and boys pleading guilty to rape. Indeed, the Innocence Project, using DNA evidence, exonerated ten men who pled guilty to rape. These men later reported that they felt pressured to do so in part because of poor or absent pre-trial research and investigation by the very lawyers who were supposed to protect them.
It also illustrates how easy it is for a false accuser to wreak immense damage on another's life. Although he has gained valuable insight into human wickedness, Jordan Johnson is out thousands of dollars in legal fees, he and his family endured the stress of a prolonged legal battle and he was kicked off his University's football team. In contrast, the State prosecuted the accuser's case at no fee to her, she was never at risk of going to jail or being punished if she lost and no media I can find has even reported her identity.
The take away from Jordan Johnson's case is that the system is not fair to men and boys accused of date rape and sexual assault. But, through outworking and out investigating the false accuser and the government working on her behalf, you can get through this and go back to living your life.
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Note: If you have been accused of rape but have not yet been charged, you will almost certainly be getting phone calls or visits from police. I strongly urge you to exercise your right to counsel before you answer any questions.
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