Introduction
False claims of rape and human trafficking are currently being made in Nepal. False accusations are being levelled against everyone from famous celebrities to doctors, engineers, and lawyers.
This article discussed how to defend a false rape case.
Rape has several stages
That is, in order to commit the crime of rape, the perpetrator must have passed through several phases. For example: the intention to commit a rape.
Planning to commit a crime, Attempt to commit a crime and complete the crime. Committed a rape. I.e. perpetrator .After preparing for the crime he wishes to lessen, he performed the final physical and mental effort in a planned manner and achieved the goal crime quantity, which is the final step of the crime committed with intent. These four procedures should not be followed when creating a false accusation.
If you are wrongfully accused of coercion, remember the following:
Investigate honey trap. Nowadays, people want to make money so they can get wealthy quickly. Similarly, a sex honey trap is a method in which someone manipulates or deceives another person by using sexual desire or a romantic relationship. Rape is the term used to describe sexual intercourse that occurs against one’s will or without consent. Nepali business people and wealthy individuals have fallen victim to the love trap. Maya will call you to the hotel after falling in love. After going to the hotel, the child would address the members of his group as the police and request money to resolve the matter. If they do not receive the money, they file a rape report with the police. Call the police as soon as you suspect you are in a honey trap. You should contact the police.
If the authorities receive the information in time, they will prosecute those who implicate them in organised crime for criminal gain. Provide consent evidence.
Coercion includes all forms of sexual penetration. Similarly, permission is a key basis for determining. Furthermore,, consent is a key factor in deciding whether coercion occurred or not. Again, even if there is consent in some instances, it cannot be presumed because consent must be given freely and without fear, threat, pressure, or influence. They frequently claim that they have not received, despite having consented to a false case. SMS phone calls may be recorded as proof of your consent.
How the Corpus Delicti incident occurred in court.
The first step in a criminal offence is to determine whether or not a crime has been committed, which is known as Corpus Delicti. It is critical that the crime has been committed beyond a reasonable doubt. No one can be considered a criminal until they have committed a crime. Coercion requires establishing and proving beyond a reasonable doubt that the victim was coerced. If someone is required to pay money for a transaction, they have filed a case citing the date of fake rape charges. As a result, I was present at the time of the rape, and I should state in court that I had no involvement in the crime.
Body evidence and hygienic conditions Rape is a terrible crime that targets women. In rape, the harm to the body and the status of the torn or intact hymen are also essential considerations. Girls are inherently protected. In the case of younger girls, the vagina contains the hymen.As a result, the hymen may not be raptured since it remains innately intact. That does not, therefore, mean that rape has not occurred.A girl who is sexually assaulted against her will not go through hymen rapture. However, adult women experience hymen rapture.
On the 639 pages of the medical jurisprudence book of the twenty-fourth edition, Modi stated in the context of what sort of evidence the medical examination of the victim of sexual offences is. Modi stated in the 639 pages of the twenty-fourth edition medical jurisprudence book that the medical evaluation of a sexual crime victim is regarded evidence. The evidence of a victim of sexual assault stands nearly on par with the evidence of an injured witness, and to some extent is even more reliable.
That is, the scale of sexual offences is the same (- equal to the). The victim’s body, however, can be used as evidence in any sexual crime. As a result, physical examination plays a crucial role in detecting fraudulent rape allegations. [Every rape victim should have injuries on her body. As a result, physical examination plays a significant part in false rape allegations. [Every rape survivor should have physical injuries to back up her claim. Sometimes there is no harm to the body. Fear may drive the sufferer to refrain from resisting.
As a result, in the absence of bodily hurt, the resistance is not opposed because of his permission. The lawyer must be able to analyse the situation of the incident. Rape is a crime, not a medical issue. In truth, rape is the ruin of a woman’s inviolable body; the virginity or chastity of such a body is the destruction of a valuable asset. A woman was extorted by India’s Supreme Court. India’s Supreme Court extorts a woman victim who is also a victim of a crime if the witness is credible during trial. Coercion is a crime, not the victim’s physical health condition, as the basis of the statement is crucial and must be considered proof. In other words, rape is a criminal offence rather than a medical problem. Eventually, in the false allegation rape case, the girl’s statement to the police should be thoroughly examined.
Typically, false allegations are filed in connection with prior relationship dealings. His statement to the police may differ from his statement in court. So the lawyer should do thorough microscopic examinations. Show the cause of the erroneous allegation. Show the cause of the erroneous allegation. The victim does not unjustly accuse the accused unless there is a valid cause for doing so. The primary motivation now is to make money. Similarly, when the wife has a relationship with someone else, they accuse her husband of raping her at home. Women might make false allegations for a variety of reasons.
Some celebrities fabricate bogus claims in an attempt to go popular overnight. When a well-known artist claims to have raped him, he falsely blames me during the discussion. Natural/Direct/Original Witness If you have been falsely accused, you should present a Natural / Direct / Original Witness in court alongside the police.
Chapter 3 of the Evidence Act
Chapter 3 of the Evidence Act, 2031, has a section stating what can and cannot be used as evidence. Rape is such a crime.witnesses to rape activities are rare. Witnesses in the crime of coercion include those mentioned prior to the coercion or after its planning and implementation. Section 10 of the Evidence Act, 2031, defines a person who acts in regard to an occurrence or situation, or who directly witnesses or knows about the incident or situation, as
To accept into evidence what such individual has said on the occasion or soon before and after the incident or scenario. According to the provisions of the Evidence Act of 2031, According to the terms of the Evidence Act of 2031, it appears that both the victims of the crime and those who saw or knew about it are witnesses. Further, in this case, the victim’s and his family members’ testimony constitutes direct evidence under Section 10 of the Evidence Act of 2031.
To avoid false accusations, keep natural, direct, or original witnesses. Background of the presumed victim. t is critical to distinguish between the defenceless victim of rape and the putative rape victim. The victim conceals the crime committed against her mostly for the sake of family respect and the social framework of Nepali society. If a lady has repeatedly filed a FIR for rape against different people, that is If a woman has filed multiple FIRs for rape against different people, this is a fraudulent charge. False charges of rape are common among suspected rape victims. They don’t care about societal respect and reputation. So, if someone wrongly charges, that girl will also blame others. So you should be aware that he has made statements about how many people he has raped so far.
Choose a good criminal lawyer
If you hire the same lawyer who handled the false rape allegation case, the outcome may be favourable, with the accused condemned to life in prison. You should choose a criminal lawyer who has extensive experience. Experienced criminal lawyer with top legal credentials. If you experience such issue you may contact us.
Should you have any questions, please do not hesitate to contact us.
