Case Resulting in No Suspicion of False Accusation

This case involved a decision of no suspicion of criminality in a false accusation case. After the preceding sexual offense case was closed due to insufficient evidence, the issue arose as to whether the client’s report of the alleged offense had been false. The central issue was whether the falsity of the report and intent to make a false accusation could be established solely on the basis of that result.

01
Whether the Report Was False and Intent to Make a False Accusation
02
Relationship to the Disposition of the Preceding Case
03
Degree of Proof Required to Establish the Falsity of the Report

MEGA X distinguished the non-referral disposition in the preceding sexual offense case from the issue of whether the elements of the crime of false accusation were satisfied, and organized the relevant facts and legal issues.

In addition, MEGA X reviewed the submitted materials and the sequence of the statements, and explained the principal factors that investigative authorities should consider regarding the falsity of the report and the client’s understanding at the time the report was made. MEGA X summarized the point that a false accusation cannot be established merely because the preceding case resulted in a decision not to refer the case, as well as circumstances that could be considered favorable to the client, and submitted an opinion regarding whether the elements of the offense had been satisfied.

No Suspicion of Criminality