What is the Penalty of Filing a False Police Report

This is for the state of Arkansas.

My husband's ex wife accused my father in law of molesting her daughter(DNA testing showed the child was not my husband's) during her divorce from my husband. My father in law has been ostracized from the community and treated like a criminal even though he was never found guilty nor was he ever arrested. She filed police reports against him and the child was interviewed by police and told the interviewers she was molested. Then the charges went from molestion to rape-the woman and the child's story changed constantly during the past three years. The child was examined by four doctors on four different occasions and they found no evidence of sexual abuse other than the child and her mother's word.

My father in law has lost his reputation and constantly harassed and hounded by police and individuals. Last night, the ex wife found my husband on Facebook and asked to talk to him. He refused and told her to leave him alone. She got my phone number from a mutual friend and sent me a text today saying that the allegations were a lie and that she was sorry.

So, in Arkansas, what is the penalty of filing a false police report especially for rape/molestation? I tried to research it but all I found was that if you false report a kidnapping it's a felony but I haven't found anything yet on molestation. I'm just hoping the charges will and can be dropped and my father in law can get his life and reputation back and for the community to quit bullying and harassing him along with the police.

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Quoting ShannaBee

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This is for the state of Arkansas.

My husband's ex wife accused my father in law of molesting her daughter(DNA testing showed the child was not my husband's) during her divorce from my husband. My father in law has been ostracized from the community and treated like a criminal even though he was never found guilty nor was he ever arrested. She filed police reports against him and the child was interviewed by police and told the interviewers she was molested. Then the charges went from molestion to rape-the woman and the child's story changed constantly during the past three years. The child was examined by four doctors on four different occasions and they found no evidence of sexual abuse other than the child and her mother's word.

My father in law has lost his reputation and constantly harassed and hounded by police and individuals. Last night, the ex wife found my husband on Facebook and asked to talk to him. He refused and told her to leave him alone. She got my phone number from a mutual friend and sent me a text today saying that the allegations were a lie and that she was sorry.

So, in Arkansas, what is the penalty of filing a false police report especially for rape/molestation? I tried to research it but all I found was that if you false report a kidnapping it's a felony but I haven't found anything yet on molestation. I'm just hoping the charges will and can be dropped and my father in law can get his life and reputation back and for the community to quit bullying and harassing him along with the police.

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Why isn't your husband or FIL posting? :confused:

Under these circumstances, it's a Class A Misdemeanor (unless he's actually arrested). The fine could be up to $2,500 and/or up to one year in jail. The filing of the report isn't dependent on what KIND of report is was.

5-54-122. Filing false report with law enforcement agency.

(a) As used in this section, “report” means any communication, either written or oral, sworn or unsworn.

(b) A person commits the offense of filing a false report if he or she files a report with any law enforcement agency or prosecuting attorney's office of any alleged criminal wrongdoing on the part of another person knowing that the report is false.

(c) (1) Filing a false report is a Class D felony if:

(A) The alleged criminal wrongdoing is a capital offense, Class Y felony, Class
A felony, or Class B felony;

(B) The law enforcement agency or prosecuting attorney's office to whom the
false report is made has expended in excess of five hundred dollars ($500) in order to investigate the false report, including the costs of labor;

(C) Physical injury results to any person as a result of the false report;

(D) The false report is made in an effort by the person filing the false report to
conceal his or her own criminal activity; or

(E) The false report results in another person being arrested.

(2) Otherwise, filing a false report is a Class A misdemeanor.

History. Acts 1989, No. 690, §§ 1-3; 2007, No. 827, § 46

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Quoting Baystategirl

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Why isn't your husband or FIL posting? :confused:

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Because they are both at work plus they don't know about this website. I called my FIL and told him everything and I'm keeping the text she sent me so he can find a lawyer but I wanted to do research and be alittle prepared, no harm in that!

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Quoting aardvarc

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Under these circumstances, it's a Class A Misdemeanor (unless he's actually arrested). The fine could be up to $2,500 and/or up to one year in jail. The filing of the report isn't dependent on what KIND of report is was.

5-54-122. Filing false report with law enforcement agency.

(a) As used in this section, “report” means any communication, either written or oral, sworn or unsworn.

(b) A person commits the offense of filing a false report if he or she files a report with any law enforcement agency or prosecuting attorney's office of any alleged criminal wrongdoing on the part of another person knowing that the report is false.

(c) (1) Filing a false report is a Class D felony if:

(A) The alleged criminal wrongdoing is a capital offense, Class Y felony, Class
A felony, or Class B felony;

(B) The law enforcement agency or prosecuting attorney's office to whom the
false report is made has expended in excess of five hundred dollars ($500) in order to investigate the false report, including the costs of labor;

(C) Physical injury results to any person as a result of the false report;

(D) The false report is made in an effort by the person filing the false report to
conceal his or her own criminal activity; or

(E) The false report results in another person being arrested.

(2) Otherwise, filing a false report is a Class A misdemeanor.

History. Acts 1989, No. 690, §§ 1-3; 2007, No. 827, § 46

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Thanks for clearing that up and finding the information!!!

Your next step would be to contact an attorney that could help your FIL collect damages if he lost a job, or was denied admission to an organization because of these allegations. Save the texts and your attorney should get copies from your phone company independent of you. He would have to prove actual damages to be awarded a dollar amount. He would only have to prove the false filing of the police report for her to be charged criminally. And remember, there is now a child out their that believes she was either molested or raped by your FIL. If she insists that she was molested, he may be charged anyway. Her testimony is the wild card that could throw this whole ball of wax into question. It may be better to let a sleeping dog lie, rather than kick it and get bit. But do ask an attorney for advice.