Police determine sex was consensual.
After an intensive investigation, which included interviews, polygraphs, forensic work and lab analysis, Pennsylvania State Police have determined that the rape allegations against two known males, alleged to have occurred in Wharton Township, Potter County, on April 26, 2009, were false.
Troopers said it was determined that while sexual intercourse took place, it was consensual.
Jennifer Micale, 19, of Brusselles Street, St. Mary's, PA, is being charged by troopers with several counts of filing False Reports, in District Court 55-3-01.
On April 26, 2009, the then 18-year-old woman, told police two men drove her to a camp along Route 872 in Wharton Township at 2:30 in the afternoon, raped her and drove her home. Police have never released the identity of the two known male suspects who were accused.
The news release said the investigation, which has spanned several months, is continuing.
Link: http://solomonswords.blogspot.com/2010/01/state-police-say-rape-report-by-st.html
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At least in this case the accuser was named for filing a false report and the accused retained their anonymity (as it should be). Nine months is a long time to be under investigation, but that is no doubt due to the length of time it takes for DNA samples to be processed in most state labs around the country. When "touch DNA" begins to be more commonly used to solve property crimes, it is going to overwhelm forensics DNA labs and increase the length of time to solve cases such as this one. It will not surprise me in the future to see rape kits and buccal swabs in sexual assault cases take over a year to be processed.
from http://falseallegations.com/
"Word to Remember
In my opinion, the formal commencement of a criminal proceeding is quintessentially this type of state action. The initiation of a criminal prosecution, regardless of whether it prompts an arrest, immediately produces 'a wrenching disruption of everyday life.' Young v. United States ex rel. Vuitton et Fils, 481 U.S. 787, 814 (1987). Every prosecution, like every arrest, 'is a public act that may seriously interfere with the defendant's liberty, whether he is free on bail or not, and that may disrupt his employment, drain his financial resources, curtail his associations, subject him to public obloquy, and create anxiety in him, his family and his friends.' United States v. Marion, 404 U.S.307, 320 (1971). In short, an official accusation of serious crime has a direct impact on a range of identified liberty interests. That impact, moreover, is of sufficient magnitude to qualify as a deprivation of liberty meriting constitutional protection.*fn9
Albright v. Oliver, 510 U.S. 266, 295-296, 114 S.Ct. 807, 824-825, 1994.SCT. 40853 at ¶80 (1994) (Stevens, J., with whom Blackmun, J. joined, dissenting). The dissenting justices continued:
I can think of few powers that the State possesses which, if arbitrarily imposed, can harm liberty as substantially as the filing of criminal charges.
Albright, 510 U.S. at 312, 114 S.Ct. at 833,.1994.SCT.40853 at ¶119 (dissent)
. . . the Due Process Clause of the Fourteenth Amendment constrains the power of state governments to accuse a citizen of an infamous crime.
Albright, 510 U.S. at 316, 114 S.Ct. at 835,1994.SCT.40853 at ¶127 (dissent)."
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