Falsely Accused

[adbWV]

I've been falsely accused of sexual assault more than five years ago. I don't live in USA, but I want to be sure that I can go there without running the risk of going to court. I waited more than 4 months since the police report was filled until I left the country. I was always available for questions, they knew that I was about to leave the country and they have my current address.

I recently called the local police station the county sheriff and the state police and all of them said they had no records from the case. A officer from the sheriff's office volunteered to do a research within a week and informed that nothing was on any records... that the only person that could know something about it was the officer in charge of the investigation, and since I don't have his name, it's impossible to locate the case.

The thing that bothers me is that I called asking for the status of a case and they said the weren't able to find it. I believe they would have at least the copy of the police report showing the status of the case, but, again, they said they had nothing. I there a possibility that they are lying to get me back in US soil? How can I get a copy of that report?

Should I be worried or it's completely safe for me to go back to USA for vacation? I've read terrible things about how hard it is for innocent people to prove not to be guilty. The accuser had already history of a false accusation of sexual assault.

Thanks

[deadlock]

I would bet the police department, sherriff and state police did not have a conference to fool you into believing that they don't have a record on you (on the chance you just might call in to inquire).

If there is no report on record, you won't be able to get a copy.

Where you can safely vacation is really up to you.

[adbWV]

Thanks for your answer deadlock,

Correct me if I'm wrong, but if there was an investigation, there has got to be a police report. I was questioned and possible witnesses were also heard.

Thanks again

[deadlock]

If there was no complaint there is no report.

[aaron]

If the police investigate a report of a possible crime, there may be an incident report even if no charges are authorized. Obviously I can't speak for every police department or every incident.

When you call up there's a chance they're looking at open files as listed in their computer system, and not investigating every incident report within their files.

[adbWV]

Thanks again deadlock. I don't know the legal meaning of "complain", but if it is someone going to a police station and file a incent report that happened. Like aaron said "If the police investigate a report of a possible crime, there may be an incident report even if no charges are authorized."

Aaron, I believe that what happened was what you described, although I can't be 100% sure because I wasn't around to know if there was a warrant for my arrest. I was around for four months, which I believe was enough to investigate witnesses and physical evidence which, in my not professional opinion, are the only proofs for such a crime.

So, do you know a way to gain access to that incident report, since over the phone they said they said they could not find anything. Even if it iis a closed file, I'm entitled to have access to it, right? It should show the status of the investigation.

Am I being paranoid or my worries are acceptable?

[deadlock]

If you were accused, a report was initiated and there was an initial investigation, you are being cautious.

If the person dropped the charges and/or initial investigation was dropped for lack of evidence, then the case is closed. It seems that you may bring attention to yourself either way by attempting to obtain this intial report.

If it were me, I would want to know if there was a warrant for my arrest. If no, I would vacation where I wanted to and try not to do anything that may cause an investigation into my background.

You must want that report for some reason and not know why I suggest that you forget about it.

[adbWV]

Deadlock,

Based on what you said that I should not call again the Sherriff's Office to check on the possibility of getting the initial report.

I want your personal opinion on this: Isn't four months time enough to investigate such a crime? Because I really believe the investigation was dropped for lack of evidence.

How should I proceed to check if there is a warrant for my arrest? Because I believe I already did it by calling the Sheriff's Office.

Thanks for your time.

[deadlock]

You already asked local police station the county sheriff and the state police and were told no as you stated above.


I have no idea about your individual case. The fact that it has been 5 years and there is no warrant for your arrest would indicate this incident is no longer a matter for investigation.