How Can an Innocent Defendant Counter-Chase False Accuser under the Law?

Several ways of defenses can counter the charge of sexual assault as per law. If the defendant professes innocence of the crime and he is wrongly charged under a sexual assault case, then he can counter charge against the plaintiff. The defendant can also claim that the victim is misleading the court; misidentified the defendant or intentionally accusing the innocent defendant.

According to Republican lawmakers a plaintiff can charge with the false allegation against the defendant because of following reasons:

• Some women regret after a consensual sex when she is in the intoxicating state, so she accuses the defendant of sexual misconduct.
• Sometimes getting a dump from a relation arouses feelings of revenge and a woman can falsely accuse a man.
• Sometimes ladies do this for wealth or to get attention or publicity.

False allegations are reaching epidemic level globally and innocent people are suffering because of malicious lies.

Cases against a false allegation

Some steps that can be taken against false allegation are:

• The court checks whether it is the case of consent or not.
• The age of the plaintiffs checked that whether she can take any action or not.

Not everyone charged against sexual offense is convicted. Sometimes mistakes are also made to give case against a wrong defendant.

Consent under the court of Canada

According to Criminal Code of Canada (Section. 273), a person cannot freely give consent to sexual activity when influenced by alcohol or drugs. Before 16 years old consent cannot be given. After 16 years if a woman gives consent to get intimate in an intoxicated state and forget the other day then it is her fault. This case is not a case of abuse or molestation, but the case of consensual sex.

For example, one of the former brewers Frank D’Angelo was accused of raping a 22-year lady and at the court, “Judge says former brewery owner 'probably guilty' of sexual assault.” Later the case was proved sex with the consent or consensual intimacy according to Ontario law because of the proof against the lady (plaintiff) who gave false allegation on D’Angelo. In this type of consent case, the defendant (D’Angelo) could have counter-charged against the plaintiff (2-year lady) for giving false allegation on him trying to rapture his reputation. According to the Criminal Code of Canada (s. 265), the false allegation provider or plaintiff should be legally sued or charged with punitive compensation.

Final Statement

Misleading to court and false allegation against an innocent person can lead the counter-charge against the false accuser or plaintiff. The law of justice personifies the Criminal Conduct and if the innocent defendant takes professional legal help, then the true part of the case can be highlighted by the justice.