The Importance of Early Investigation in Rape and Sexual Abuse Accusations in Illinois
As a Chicago criminal defense attorney, I have helped many people accused of various types of criminal sexual assault in Illinois ranging from date rape to sexual abuse. In my experience, accusations of sexual misconduct, especially accusations of rape and sexual abuse (a) involve more false accusations than any other area of law, and (b) are more potentially damaging to the reputation of the accused than any other accusation even when proved false. For these reasons, early and aggressive investigations, including establishing an alibi, interviewing any witnesses, and investigating the background of the accuser, are key to protecting the freedom and reputation of those accused of sexual misconduct.
A perfect illustration of the importance of aggressive and early investigation in rape and date rape accusations is the Duke lacrosse rape case. In March 2006 Crystal Mangum, a stripper and escort, falsely accused three Duke University lacrosse players of raping her at a party held at the lacrosse team captain's house. Three lacrosse players had their rooms searched, were arrested, and charged with rape. The prosecutor in charge of the case gave more than 50 news interviews, some with national news media, where he referred to the lacrosse players as rapists and hooligans. Even a group of 88 Duke professors turned on the students and took out an ad in the school newspaper tacitly condemning the three lacrosse players as rapists, weeks before any indictment was issued.
As any good sex crimes lawyer knows, however, there are two sides to every story. Defense lawyers for the three accused lacrosse players conducted a prompt and thorough investigation into Ms. Mangum and her allegations. According to news reports, their investigation revealed that Ms. Mangum had a less than credible background. In addition to being convicted of auto theft in 2002, news articles report that she had a long history of mental problems, including bipolar disorder, and was taking anti-psychotic medication. In addition, say journalists, Mangum had on at least one other occassion accused three other men of raping her and when asked by police to provide details she did not pursue the accusation. Most importantly, however, defense lawyers were able to get the rape charges dismissed by obtaining time stamped photos, ATM receipts, cell phone records, 911 audio, and eye-witness statements that proved Mangum was lying.
The moral of the story is that you cannot always rely on those in power, whether police, prosecutors, or school officials, to do the right thing. The government that accuses you is powerful and organized and the stakes in sex crimes accusations are high: freedom, reputation, and possible compulsory lifetime sex-offender registration. But the beauty of the American criminal justice system is that accusations of rape and sexual abuse can be overcome by superior investigation, preparation, and research. In a sex crimes case, it is crucial that someone whose mission it is to protect you, and who is experienced in doing so, probe the accusation for weaknesses as early as possible.
