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If someone pays out of their own pocket to defend themselves against a criminal accusation..

and it is found to be untrue, they are declared innocent of all charges/accusations. that the charges can not even be refiled at any point. Shouldn't that person be able to get some type of compensation back from the state? Just a question in a group got me thinking. A friend of ours , his family paid over 50 thousand to fight a false child sex criminal charge. he was found innocent . But there is no recourse for them. They have almost lost their home, he lost his job, his car, his home. And He was told he can only sue the complaining witness who made the false accusation for a total of 2 grand. That is it. I do not think this is right.

 
Satiblue

Asked by Satiblue at 2:35 PM on Mar. 28, 2011 in Money & Work

Level 13 (1,049 Credits)
This question is closed.
Answers (10)
  • How did they find him innocent? I'm curious because I have a friend who is innocent too and he's paying out tons of cash and he's had several tests done that say he isn't a child molestor. I know what happened in the theirr family,he was caring for his kids and the mother wanted to move to Washington and she wanted to take the kids with her. He wasnt going to just give up the kids,so her oldest daughter claimed sexual abuse so her mom could pull her out of the home. I would think you would have to go after the people that falsley accused you. I dont know
    Anonymous

    Answer by Anonymous at 2:57 PM on Mar. 28, 2011

  • They have to sue to get compensated.
    vbruno

    Answer by vbruno at 2:36 PM on Mar. 28, 2011

  • I don't know about your friends situation but in many cases the falsely accused can sue the other person civilly. Call a Civil Lawyer.

    ILovemyPaulie

    Answer by ILovemyPaulie at 2:49 PM on Mar. 28, 2011

  • ya its disgusting that someone would falsey accuse someone of that serious crime,but it happens everyday
    Anonymous

    Answer by Anonymous at 3:09 PM on Mar. 28, 2011

  • Unfortunately, there is nothing you can do. We have been through the same problem. My grandparents almost lost everything they owned with the same result. He was found innocent. Unfortunately, the money spent on the lawyer is just gone. At a time when they should have been enjoying their retirement (extra savings is all gone). They are struggling to make the mortgage because they had to take out a mortgage on their paid for house in order to pay the lawyer. It sucks. It really sucks.

    At the same time, I can understand, because if there is a 1% suspicion a child has been hurt, then it needs to be taken seriously.
    other_mother

    Answer by other_mother at 4:18 PM on Mar. 28, 2011

  • My point is that in our state you can only sue for a max of 2 grand. There is actually law here that bars him from going after the young teen girl or her family for the false complaint and to get money back for his defense spending. You cannot sue the state either unless you prove malicious prosecution. which was not the case here.
    Satiblue

    Comment by Satiblue (original poster) at 2:38 PM on Mar. 28, 2011

  • thank you, my friend did. He was told the same thing he was told in court. there is no legal recourse. it is to protect those who come forward to witness to crimes like this from malicious suing . but it does not take in to account the lives ruined financially in defending against a young teen girl bent on revenge for being told NO when she came on to my friend. He let her folks know and what not. but she threatened him that if he DIDN'T sleep with her she would just claim he did anyways. She was a very messed up little girl who had had a very bad life and upbringing. but still . its not right that someone;s life can be ruined on the say so of someone else. There was NO physical evidence. Nothing but her claim he had raped her. She didn't even know about his scars, circ or uncirc, i dont know why it was ever brought to trial but it was.
    Satiblue

    Comment by Satiblue (original poster) at 2:53 PM on Mar. 28, 2011

  • The pure and simple facts of no physical evidence, she could not even describe scars he has, and they are very visible from what i understand if he is undressed. She said it was daytime or there was light so she should have been able to answer those questions if what she said was true. but she couldnt. She could not even answer if he was circumcised or not. even though she claimed oral sex. My friend's family basically paid for a lawyer with a very good reputation for fighting for the innocent accused of crimes like this. it took 2 years. i was shocked that my friend has no legal or civil recourse really after a false accusation has caused so much harm to so many.
    Satiblue

    Comment by Satiblue (original poster) at 3:03 PM on Mar. 28, 2011

  • and the law favors a child or teen in these cases even against common sense. on the very slight possibility that even a child or teen who seems to be lying, MIGHT NOT BE. i get the purpose. they dont want victims afraid to come forward for fear of their finances or family's finances being sued for compensation. But I think that cases where the defendant is proven innocent and double jeopardy now applies, in other words he can never be charged with that crime against that girl again. that there should be recourse to help people like him and to yes, punish those who make false accusations.
    Satiblue

    Comment by Satiblue (original poster) at 3:11 PM on Mar. 28, 2011

  • i feel for your grandparents how horrible! I just feel frustrated there is no recourse of any kind for the falsely accused.
    Satiblue

    Comment by Satiblue (original poster) at 4:20 PM on Mar. 28, 2011