Introduction
False allegations of rape and human trafficking are currently being made in Nepal. These accusations are being levelled against everyone, from famous celebrities to doctors, engineers, and lawyers. This article discusses how to defend against a false rape case.
Rape, as a crime, involves several stages. For extortion to occur, the perpetrator must pass through various phases, such as the intention to commit the crime, planning, attempting the crime, and ultimately completing it. This process includes mental and physical efforts to achieve the crime, which should not be followed when creating a false accusation.
If you are wrongfully accused of coercion, consider the following steps:
Investigate Honey Traps: Nowadays, people often fall prey to schemes designed to entrap them for financial gain. A common method is the “sex honey trap,” where someone uses sexual desire or a romantic relationship to manipulate another person. Consent Evidence; Coercion includes all forms of sexual penetration, and consent is crucial in determining if coercion occurred. Consent must be given freely, without fear, threat, pressure, or influence. False claims may assert a lack of consent despite evidence to the contrary. SMS or phone calls can serve as proof of consent. Corpus Delicti; This legal term refers to proving that a crime has been committed beyond a reasonable doubt. Nobody can be deemed a criminal until proven guilty.. In cases of coercion, it’s essential to establish and prove that the victim was coerced.
Chapter 3 of the Evidence Act
Chapter 3 of the Evidence Act, 2031, outlines what can and cannot be used as evidence. Karni is a crime for which witnesses are rare. Witnesses in the crime of coercion include those mentioned prior to the coercion or after its planning and implementation. Section 10 of the Evidence Act, 2031, defines a witness as a person who acts in regard to an occurrence or situation, or who directly witnesses or knows about the incident or situation. This section allows for the acceptance into evidence of what such individuals have said on the occasion or soon before and after the incident or scenario. According to the provisions of the Evidence Act, 2031, both the victims of the crime and those who saw or knew about it are considered witnesses. As a result, in cases of coercion, the victim’s and their family members’ testimony constitutes direct evidence under Section 10 of the Evidence Act, 2031. To avoid false accusations, it is essential to keep natural, direct, or original witnesses.
Background of the Presumed Victim
It is critical to distinguish between a defenseless victim of rape and a putative rape victim. Often, a victim conceals the crime committed against her to protect family respect and conform to the social framework of Nepali society. If a woman has filed multiple FIRs for rape against different people, this can indicate a fraudulent charge. False charges of rape are common among certain individuals who do not value societal respect and reputation. Thus, if someone wrongfully accuses another, it is likely they have blamed others before. It is important to be aware of the number of statements the accuser has made against different people.
Choosing a Competent Lawyer
Selecting an experienced criminal lawyer with top legal credentials is crucial. A skilled lawyer can significantly impact the outcome of a case, especially in situations involving false rape allegations. Body Evidence and Hygienic Conditions: Physical examination plays a crucial role in detecting fraudulent rape allegations. Rape often results in injuries to the victim’s body, but fear may prevent resistance, resulting in no physical harm. It’s critical to appropriately assess the circumstance.
Legal Analysis: Rape is a crime, not a medical issue. The victim’s body is considered evidence, and physical examination is vital in false rape allegations. The lawyer must thoroughly examine the incident and the victim’s statements.
Motives Behind False Accusations: Women may falsely accuse someone for various reasons, such as financial gain or personal vendettas. It’s essential to investigate the victim’s background and the number of FIRs they have filed.
Reliable Witnesses
Presenting reliable witnesses in court is crucial. According to the Evidence Act of 2031, both victims and those who witnessed or knew about the incident can serve as witnesses. Keeping natural, direct, or original witnesses helps avoid false accusations.
Selecting a Competent Lawyer
Choose an experienced criminal lawyer with top legal credentials. A qualified lawyer can make a major difference in the result of a lawsuit.
By following these guidelines, one can defend against false rape allegations and ensure that justice is served.
Should you have any questions please do not hesitate to contact us at +9779849517735 or email: info@corporatelawyernepal.com
Alpana Bhandari is a founding partner and CEO of Prime Legal Consultants and Research Center. She graduated from American University Washington College of Law. She specializes in corporate/arbitration and family law.
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