Can the Hofstra Rape Case’s False Accusor be Convicted of a Crime?

According to an Associated Press report, an 18 year old freshman at Hofstra University came to police on Sunday (9/13/09) claiming that she had been tied up and gang-raped by five men in a men’s dormitory. After her statement to the police, they arrested four of the five young men. On Wednesday night, word that one of the young men had a cell phone video of their encounter with the young woman, showing that everything that occured between her and the five men had been consensual. This prompted her to recant her story and the police released the four men. The Nassau County District Attorney’s office is considering charges against the young woman, who’s name has not been released, for filing a false report with the police. 

Can this woman be prosecuted criminally for filing a false affidavit with the police? Would the young men have a valid civil case against her for false imprisonment?

According to New York Penal Law § 210.10,  one may be convicted of perjury in the second degree, a Class E Felony, if she:

1. Swears falsely
2. Does so in a document for which an oath or affirmation to tell the truth is required (like an affidavit)
3. The person intends “to  mislead  a public servant (like a police officer)  in the performance of his official
     functions”
4. The matter the person lied about is “material” to the proceeding/action about which she is lying.

If this woman’s false statement was not only made in an oral statement to police, but sworn to in an affidavit, then the public reports would seem to indicate that the other elements of felony perjury are there. If she is convicted of a Class E felony, the class of felonies with the shortest jail term, it is still possible for her to be sentenced for upwards of a year.

If the young men sue their accusor in a civil court for “false imprisonment,” they must be able to show that she had the intent to cause them to be confined, and that the young men had no “reasonable means of escape.” Parvi v. City of Kingston. Even if she only caused them indirectly (e.g. by using the police to do the imprisoning on her behalf) to become imprisoned, as opposed to physically imprisoning them herself, she can still be liable. 14 N.Y.Prac., New York Law of Torts § 1:24. And where one instigates the police to arrest someone may also be liable for the tort of false imprisonment. Celnick v. Freitag,  662 N.Y.S.2d 37 (1st Dept.1997).

In sum, if the public reports are based on admissible facts, then the Hofstra rape case accusor may not only be arrested and imprisoned for perjuring herself by falsely accusing these men of rape, they may also have a cause of action against her for monetary damages for causing them to be falsely imprisoned.

As always, if you need a criminal defense lawyer  in NY because you are charged with making a false statement to police, perjury, rape, or any other crime for that matter, you can always call our office, which has about thirty years of experience in criminal defense. On the other hand, if you need a personal injury attorney to sue someone for physically confining you if you need someone to defend you against such a claim, or you need to sue someone for any other type of injury, our office has significant experience in personal injury law as well. And you can contact our office at 800-344-6431 anytime 24/7.

Picture of three of the accused men, Kevin Tavares, second from left, Stalin Felipe, center, and Rondell Bedward, right, courtesy of Frank Eltman.

Fathers’ Rights – Video and Website

In addition to his wide-ranging experience in most major areas of law in general, and his extensive experience in Matrimonial and Family law  in particular, Mr. Schlissel has a particular expertise representing fathers in child custody matters.

Feel free to browse his Father’s Rights website for more information about that, or contact the office directly.

Introductory Video on the Law Offices of Elliot Schlissel

Contact us for more information.

Divorce in New York – Video by Attorney Elliot Schlissel

You may view the video above to get information about Mr. Schlissel’s matrimonial practice in the Five Boroughs of New York City, Nassau and Suffolk counites. Our office has been representing matrimonial clients in New York clients for over 30 years. You can get additional information from our matrimonial law site  and by contacting our office.

Personal Injury Representation by Elliot Schlissel – Video

Our office has a significant personal injury practice in New York. Watch the video above for more information about Mr. Schlissel’s aggressive handling of personal injury matters. And as always, please contact our office if you need representation because of injuries that you have sustained.

Who Needs to Write a Will? – Video

This is the first post in a series of short videos by New York attorney Elliot S. Schlissel, Esq, providing basic information about important aspects of Estate Planning. This informational video is entitled, “Who Needs a Will.”

Mr. Schlissel’s is a leading Elder Law and Wills Trusts and Estates attorney in the 5 Boroughs of New York, Nassau and Suffolk Counties so we are pleased to provide this information to Elliot Schlissel New York Law Blog readers.

As always, you can receive legal updates from this site by subscribing by e-mail.

What Would Arthur Miller Do? NYU “Law Revue” Musical

This is for those that relied on Arthur Miller’s help to pass Civil Procedure in law school. HT Above the Law.

What Makes a Good Legal Writer – Video Lecture by Justice Scalia

In this lecture, given in September of last year, Justice Antonin Scalia speaks about what makes good legal writing. He is certainly known as an excellent and clear writer, even by those who disagree with him politically and in terms of judicial philosophy. He wrote an excellent book as well, called Making Your Case: The Art of Persuading Judges (which I have read, though I’m not sure it shows on this blog). He got the award, which he is accepting in this speech, in recognition of his “Lifetime Achievement in Legal Writing.” The video come in two parts. Enjoy.