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Filing a False Police Report: Rape / Sexual Assault

Because of the fact that no other supporting evidence, other than the accuser’s accusations, are required to move forward with a Criminal Sexual Conduct charge, there are a number of falsely reported Sexual Assaults.  A false report of a sex crime will undobtably affect the accused in ways the accuser never dreampt.   

Unfortunately, false allegations of a Sexual Assault are often made.  Typically, when an accuser of a Sexual Assault crime makes a police report, the legitimacy of the report is not figured out until AFTER the accused has already been charged.  It takes a skilled defense attorney to be able to provide the detective and/or the state with the information they need in order to prove there was in fact a false police report made. 

During Nicole’s 20+ years of practicing law, Nicole has had plenty of experience with charging people with Filing a False Police Report.  Nicole knows exactly what the state looks for in determining whether or not to charge someone with the crime of Filing a False Police Report. 

If an accuser files a False Police Report regarding the charges of First Degree Criminal Sexual Conduct, Second Degree Criminal Sexual Conduct, Third Degree Criminal Sexual Conduct and/or Fourth Degree Criminal Sexual Conduct that person can be charged with Filing a False Police Report, a felony.

Being falsly accused of a Sex Crime can and will turn your world upsidedown.   Nicole’s years of experience with Sex Crimes will assist you in the fight for your life. Once we discover that the accuser has made false accusations, there will be some very important conversations had between Nicole and the state discussing the reality of having your charges dismissed.  Nicole has a respectful, working relationship with the police departments and the assistant prosecutors in Michigan.  That will only assist you in the pursuit of justice. 

A person who intentionally makes a false report of the commission of a crime (misdemeanor and/or felony), or intentionally causes a false report of the commission of a crime to be made, to a peace officer, police agency of this state or of a local unit of government, 9-1-1 operator, or any other governmental employee or contractor or employee of a contractor who is authorized to receive reports of a crime, knowing the report is false, is guilty of the crime of Filing a False Police Report. 

Filing a false police report can be a felony or a misdemeanor. It can be found under MCL 750.411a. 

A violation or attempted violation of this section may be charged in any jurisdiction in which the communication originated or terminated.

 

COMMON QUESTIONS 

FILING A FALSE POLICE REPORT – SEXUAL ASSAULT/RAPE

WHY WOULD SOMEONE FALSELY ACCUSE SOMEONE OF A SEX CRIME?

Blank Law, PC has numerous answers to that question.  Nicole’s years of experience in this field, and the 1000s of cases Nicole has personally been involved in, Nicole knows first hand that accusers make up stories, accusers have ulterior motives for making up false accusations and accusers can be extremely vindictive.

WHY WOULD SOMEONE MAKE A FALSE POLICE REPORT AGAINST YOU? 

There are several reasons “Why” an accuser would make a false police report. The accuser wants revenge, is vindictive,  does not like mom’s new boyfriend, wants to go live with someone other than the accuser, is in the middle of a divorce, uses a sexual assault claim as leverage to have sole custody of the children, etc. and the list goes on and on.

WE WANT TO HAVE THE ACCUSER CHARGED WITH THE CRIME OF FILING A FALSE POLICE REPORT OR LIBEL OR SLANDER, HOW DO WE DO THAT? 

Once the accuser has made an official complaint/police report, naming you as the accused, now is NOT the time to be worrying about how to CHARGE him/her with a crime. You are now  on the defense, you have to prove a negative.  Proving a negative is not an easy feat.  Instead of concerning yourself with going after the accuser with a criminal charge, you need to direct all of your energy towards helping yourself first and getting yourself OUT of a criminal charge.  Once we have settled our case in a favorable manner we can discuss this next step. 

                                                                        

PENALTY

FILING A FALSE POLICE REPORT

If a person files a false report of a misdemeanor crime, that person will be found guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or both.

  1. Except as provided in subdivisions (b) through (d), if a report is a false report of a felony, the person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.
  2. Except as provided in subdivisions (c) and (d), if the false report results in a response to address the reported crime and a person incurs physical injury as a proximate result of lawful conduct arising out of that response, the person responsible for the false report is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $20,000.00, or both.
  3. If the false report results in a response to address the reported crime and a person incurs serious impairment of a body function as a proximate result of lawful conduct arising out of that response, the person responsible for the false report is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $25,000.00, or both.
  4. If the false report results in a response to address the reported crime and a person is killed as a proximate result of lawful conduct arising out of that response, the person responsible for the false report is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not less than $25,000.00 or more than $50,000.00, or both.

DEFENSE

FILING A FALSE POLICE REPORT

  • The accused does not believe that he or she made a false report, 
  • The accused believes the report was true at the time of making the report, or
  • It was a case of mistaken identity.

3150 Livernois Rd. Suite 126
Troy, MI 48083
(248) 515-6583
law@nicoleblankbecker.com

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We serve the following counties: Macomb County, Oakland County, Wayne County, Washtenaw County, Ingham County, Lapeer County, Genesee County, Livingston County, etc.

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Michigan Criminal Sexual Conduct Lawyer
MI Sex Crimes Attorney
Blank Law, PC


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