A man who spent seven months in prison for a rape that never occurred is seeking restitution from the state.
The woman admits she lied about being raped, and allowed the man sit in jail, to cover up an extra-marital affair. DNA finally freed him, but only after he languished for months in prison.
The most common motive for making a false rape claim is to "explain" an illicit sexual relationship to a husband, parent or boyfriend. That's what happened here.
This type of false claim is especially threatening to innocent men because not only did the woman concoct a matter sufficiently compelling to send him to prison, she allowed him to remain incarcerated without recanting.
But, as the sexual assault counselors tell us, false claims are a "myth," a "bugaboo."
HERE IS THE NEWS STORY:
Man convicted in false rape case seeks restitution from state
Armand Villasana, convicted in 1999 for a crime that never occurred, has filed for restitution from the state.
Villasana, now living in Seymour, was found guilty by a Greene County jury of kidnapping, raping and sodomizing Judith Ann Lummis in 1998.
He was freed more than seven months later, when his defense attorneys presented evidence at a sentencing hearing showing DNA collected from a rape kit didn’t belong to him.
Seven years later, after further DNA testing cast doubt on her story, Lummis admitted she made up the rape allegation to cover up an extramarital affair.
Today, an attorney for Villasana filed a petition in Greene County Circuit Court seeking restitution for the time his client spent in jail between his conviction and release.
A state law passed in 2006 entitles anyone convicted but later found innocent by DNA testing to $50 for every day he or she is imprisoned post-conviction.A
ccording to the petition, Villasana is seeking $11,250 for the 225 days he spent between his Nov. 10, 1999 conviction and release June 21, 2000.