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Attorney Gerson has all charges dropped against rape suspect who was falsely accused

My client was a middle-aged man who was charged with raping a woman with whom he had a history of intimacy. According to police, the purported “victim” claimed she had invited my client to spend the evening at her mobile home and that he had forced her to engage in non-consensual sexual intercourse. Based solely on the claims of the “victim,” my client was arrested and charged with rape and several other felony sex offense crimes. From the time of our initial conference, my client insisted that the claims were false and motivated by jealousy because the “victim” learned he had been seen in public with another woman. Our aggressive defense began during the preliminary hearing and involved a lengthy cross-examination of the “victim,” all of which was recorded by a certified court stenographer. On the date of Formal Arraignment, I drafted and served an Informal Discovery Request on the Office of the District Attorney. A subsequent review of the discovery response revealed numerous material contradictions with the victim’s preliminary testimony and a complete absence of physical evidence to support her claims. In addition, there was no timely complaint to police, no rape kit examination, no bodily injuries, and no damaged clothing. At the Pre-Trial Conference, my client authorized me to inform the Assistant District Attorney that we were not interested in a plea agreement and that he would proceed with a jury trial defense. After jury selection and opening statements by both counsel, the “victim” refused to take the stand to testify against my client. Without the testimony of its “victim,” the Commonwealth could not proceed, and withdrew all charges against my client.

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