Saturday, January 19, 2008

Can Your Identity Be "Trusted?"

Are you aware of the new "credit freeze" laws that, as of November 2007, have been enacted in all 50 states? These laws allow consumers to place a "freeze" on their credit information. No new credit may be obtained and individual credit information cannot be released in any manner unless the freeze is removed by the consumer.A recent competitor in the credit monitoring/consumer protection products and services arena is Trusted ID. This company offers credit monitoring, identity theft, and ID theft insurance as well as other resources to consumers independently and not through one of the three major credit reporting agencies of TransUnion, Experian, or Equifax. This business is located in Redwood City, CA and more information about the company may be obtained by calling 1.888.548.7878.ID Freeze is the title of the service provided and its features include; credit card monitoring, stoppage of pre approved credit card offers; access to ID theft and restoration specialist, "Lender Double-Check; ID theft insurance and "CreditLock."What are these features and why are they important? By providing credit card monitoring; consumers are able to be informed of activity that may indicate that their credit card information may have been compromised, for example additional details regarding the security breach experienced by TJMaxx and Marshall's and how it may have affected you. The stoppage of pre approved credit card offers is important for two reasons. First, credit reporting agencies are selling your information to the marketing database - your information that you must PAY to receive. Pre-approved credit card offers are also considered the leading cause of identity theft, so your removal from this service is more important that just saving you a few minutes of time going through your mail. It may save your credit.Subscribers to TrustedID's ID Freeze are also provided access to id theft and to a restoration specialist 24-7. Members may access their specialist via email or telephone, have answers regarding their credit or restoration concerns answered, and obtain sample letters, emails and other resources necessary to correct credit errors.The three more unique aspects of this product are: "Lender Double-check," a one million dollar ID theft insurance benefit and "CreditLock. With Lender DoubleCheck, credit lenders must obtain your approval by telephone before taking any action that can affect your credit. The companies of Equifax, TransUnion, and Experian are provided with a "note" to your account with instructions. The $1,000,000 identity theft insurance benefit through AIG and Lloyd's of London; is offered because of Trusted ID's confidence that you won't need it once you use their service. The feature, "CreditLock," is a service by which consumers prohibit the release of their credit information to third parties without their express permission. However, in the event the consumer is applying for new credit, they are required to release their credit information-basically turning the "lock" on and off.This service also automatically provides you with your yearly credit report from all three credit reporting agencies; however, this benefit hardly deserves mention. All consumers have access to one credit report annually, however the benefit of this service is that the consumer is not required to make the request for the report. It is simply provided.With the utilization of "credit freezing" your credit information is protected before anything happens. With other services you receive information after the fact and, in some cases, too late. Scott Mitic, founder of Trusted ID, stated to consumeraffairs.com that; "The credit bureaus are in the business of selling your data," he said, {and} "Consumer information is the new gold standard, and we want to put the power back in the consumer's hands." This product gives consumers the ability to be proactive instead of responding retroactively,Trusted ID features and benefits such as StolenID Search have been featured in such publications as Time, The New York Times, The Wall Street Journal, and Newsweek; online at CNNMoney.com and CNBC and are recognized by the Identity Theft Resource Center.Other products also available include assistance to corporations and small businesses with data security breaches. This company also lobbies Congress for stricter rules regarding who can access in individual's personal and credit information. Their first feature is offered free, and is a "StolenID Search," an online tool where consumers may search by social security number or credit card number to see if their information has been compromised. The website and service also provides an identity theft resource center with facts and information; videos of victims of ID theft and frequently asked questions.As of Jan. 2008, the price for this service is 104.95 for a yearly subscription, providing the subscriber with a $50.00 a year savings over many other service providers. Subscribers may also purchase the services of Trusted ID on a short term basis for $12.95 a month, with the subscription ending upon non payment or cancellation.Take a minute, or five and visit Trusted ID online to determine if this is the right credit monitoring service for you. If it is, you are there and ready to sign up; if not you will have the information you need to determine what kind of service you do want and be able to knowledgeably compare plans and benefits.
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Bankruptcy Records - A Means to Find Out Who Has Financial Problems

Bankruptcy records are a result of an individual or company filing for bankruptcy. This means that the individual or company has recognized that the income they are earning is not enough to meet their financial obligations.
There are two kinds of bankruptcy in the United States. The first is liquidation, where all your assets are sold off, and the second is reorganization, where you file for a new payment plan to address your financial obligations. Filing for bankruptcy means that you are admitting that you can no longer turn your losses into profits and as a consequence, you need to be freed from further payment of debts.
Bankruptcy Records are Public Records
If you think that filing for bankruptcy only means being absolved of debt, then you should be aware that bankruptcy filings are created in your name or your company's name for public access. Bankruptcy records could deter future partners or companies from ever engaging in business with you again because of your poor financial history. On the other hand, it may also demonstrate how you were able to rise above adversity.
If you know where to look, obtaining bankruptcy records should not be too difficult because these are considered public records. You can actually call the Bankruptcy Court in the vicinity where the bankruptcy was filed and conduct a search based either on the case number of the bankruptcy, the name of the person or company who filed it or the social security number or tax identification number of the involved parties. Finding the case number will enable you to request for a copy of the entire bankruptcy file for your perusal.
The United States Courts has an administrative office with an official website that allows you to look up bankruptcy filings. Although some of the personal information found in bankruptcy records will be withheld, the new cases in the bankruptcy courts are shown on a daily basis on this website. For purposes of safety and protection, bankruptcy filing documents that are used in criminal cases will not be displayed on this website.
Apart from government sites, there are plenty of private companies online who can assist you in locating bankruptcy records. Apart from the convenience they offer you, most records can be in your hands in as short as a couple of hours from the time you file online.
Why You Should Access Bankruptcy Records
If you are thinking of joining someone in business, then it is important that you check on your future partners' financial records.
Bankruptcy documents serve as an excellent source of research either for business students and entrepreneurs. You can read extensively about public bankruptcies to learn about what others have done wrong and how you can avoid making the same mistakes in your own business endeavors.
If you are deeply mired in debts yourself, bankruptcy records can help you determine the next course of action to take on your own.
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Bankruptcy Records - A Means to Find Out Who Has Financial Problems

Bankruptcy records are a result of an individual or company filing for bankruptcy. This means that the individual or company has recognized that the income they are earning is not enough to meet their financial obligations.
There are two kinds of bankruptcy in the United States. The first is liquidation, where all your assets are sold off, and the second is reorganization, where you file for a new payment plan to address your financial obligations. Filing for bankruptcy means that you are admitting that you can no longer turn your losses into profits and as a consequence, you need to be freed from further payment of debts.
Bankruptcy Records are Public Records
If you think that filing for bankruptcy only means being absolved of debt, then you should be aware that bankruptcy filings are created in your name or your company's name for public access. Bankruptcy records could deter future partners or companies from ever engaging in business with you again because of your poor financial history. On the other hand, it may also demonstrate how you were able to rise above adversity.
If you know where to look, obtaining bankruptcy records should not be too difficult because these are considered public records. You can actually call the Bankruptcy Court in the vicinity where the bankruptcy was filed and conduct a search based either on the case number of the bankruptcy, the name of the person or company who filed it or the social security number or tax identification number of the involved parties. Finding the case number will enable you to request for a copy of the entire bankruptcy file for your perusal.
The United States Courts has an administrative office with an official website that allows you to look up bankruptcy filings. Although some of the personal information found in bankruptcy records will be withheld, the new cases in the bankruptcy courts are shown on a daily basis on this website. For purposes of safety and protection, bankruptcy filing documents that are used in criminal cases will not be displayed on this website.
Apart from government sites, there are plenty of private companies online who can assist you in locating bankruptcy records. Apart from the convenience they offer you, most records can be in your hands in as short as a couple of hours from the time you file online.
Why You Should Access Bankruptcy Records
If you are thinking of joining someone in business, then it is important that you check on your future partners' financial records.
Bankruptcy documents serve as an excellent source of research either for business students and entrepreneurs. You can read extensively about public bankruptcies to learn about what others have done wrong and how you can avoid making the same mistakes in your own business endeavors.
If you are deeply mired in debts yourself, bankruptcy records can help you determine the next course of action to take on your own.
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Traumatic Brain Injuries Associated With Motorcycle Accidents

Motorcycle accidents are a well-known leading cause of traumatic brain injury (TBI). Together with auto accidents, they are the single largest cause of brain injury in the United States. One out of every five motorcycle accidents results in head or neck injuries, which account for most motorcycle fatalities. And partly because drivers often do not see motorcyclists or yield them the right-of-way, motorcyclists are at higher risk of an accident than drivers. The National Highway Traffic Safety Administration estimated that, per mile traveled in 2003, a motorcyclist was 32 times more likely to die in an accident than a passenger in a car.Motorcyclists, even those who wear helmets, are most likely to sustain non-penetrative injuries to the front of the head, damaging parts of the brain responsible for speech and higher functions. Those without helmets may also be susceptible to a penetrating brain injury, in which an object enters the head and skull, damaging the soft tissue of the brain itself. Helmets Essential to Prevent Traumatic Brain InjuryStudy after study shows that the best way to prevent a traumatic brain injury is to wear a helmet approved by the federal Department of Transportation. (Some also carry approval from the Snell Memorial Foundation, a nonprofit organization dedicated to testing the effectiveness of commercial helmets.) In January of 2006, only four states in the U.S. Colorado, Illinois, New Hampshire and Iowa had no law at all requiring motorcyclists to use helmets. Twenty-six others had limited helmet laws, usually ones that require helmets for riders who are under 18 or 21. But even in states without strict helmet laws, riders are still strongly advised that their chances of death or serious head injury are seriously reduced by wearing a helmet. A rider's failure to equip passengers, particularly passengers who are under 21, with helmets may be considered negligent. And if the helmet is below state and federal standards, poorly fitted, old or has been through a previous accident, that helmet is not safe, may not be legal and will not prevent death, brain damage or another traumatic injury. Other Brain Injury Risks for MotorcyclistsEven though proper equipment significantly cuts down a motorcyclist's chance of a traumatic brain injury, it is not foolproof. Riders must stay aware of other factors that could lead to a motorcycle accident involving a traumatic brain injury. Motorcyclists are advised to check their bikes and equipment for problems before each ride; adjust the suspension and tire pressure of the motorcycle when carrying a passenger; wear boots, gloves and other protective gear; and adjust for changing road conditions. The cost of an accident that causes traumatic brain injury can be severe. A traumatic brain injury causes brain damage that can range from a mild concussion to severe, life-changing disabilities such as trouble communicating, personality changes, schizophrenia or even a coma. Because the brain cannot heal itself the way other organs do, these are often lifelong problems that cost tens of thousands of dollars to treat. They also place a severe emotional and financial burden on the injured person's family members. If you or someone you know is the victim of a motorcycle accident causing traumatic brain injury, it is essential to seek out an expert in accidents and TBI who can help reconstruct the accident and secure compensation.
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Employer Use of Polygraph (lie Detector) Exams

The Employee Polygraph Protection Act limits employer use of lie detector tests. The Act limits the use of polygraph tests by most private employers. Federal, State and local government employers are exempt from the Act. Private employers in the security business and employers authorized to manufacture, distribute or dispense controlled substances are also exempt.In general, an employer cannot require or even suggest that an employee or prospective employee take a polygraph test. The only exception is for investigations involving economic loss or injury to the employer’s business. This includes theft, embezzlement, misappropriation, or an act of unlawful industrial espionage or sabotage. The employer must also have a reasonable suspicion that the employee was involved in the incident that is being investigated and the employee must have had access to the property that is the subject of the investigation. If an employer requests that an employee submit to a polygraph test as part of an ongoing investigation, strict requirements must be adhered to regarding notice to the employee, administration of the test, and use of the results. The employer must provide the employee with a statement that provides the basis for requesting the examination that is signed by an authorized representative of the company. The employer must also provide the employee with information about his or her rights and remedies under the Act.The employee has the right to terminate the test at any time. The employee cannot be asked questions that are degrading or that ask about the employee’s political or religious beliefs, sexual behavior, or legal activities involving unions or labor organizations. Furthermore, the person who administers the test must be a qualified and licensed polygraph examiner who is bonded or carries sufficient liability insurance. The Act also limits the disclosure of the results of the test and the employer’s use of the results. An employer who violates the Act could be subject to a civil penalty of up to $10,000. In addition, an employee or prospective employee who is affected by the employer’s violation of the act can maintain a private civil action for employment, reinstatement, promotion and the payment of lost wages. For more information on the Employee Polygraph Protection Act, consult with an attorney who practices in the areas of Employment Law or Labor Law. Every polygraph examination is administered in a discreet and professional manner.We have administered thousands of polygraph tests and have more than 20 years of lie detection experience. We are highly respected and nationally accepted as a polygraph expert. A detailed written report is provided for every polygraph test and if desired, compelling expert testimony is available for each examination administered.EPL follows federally approved standards and utilizes state-of-the-art computerized polygraph systems.Also available are independent assessments of polygraph examinations administered by other polygraphists. This service is to ensure that polygraph examinations are prepared, conducted and documented according to professional standards. Do you have a problem where you need to prove the truth to someone? Maybe you have a situation where you need to learn the truth about someone else. When the need for the truth is importantForensic Psycho physiologistPolygraph Services for Attorneys, Businesses, Government Agenciesand Private Individuals. These are just some areas in which the use of the polygraph has been proven valuable • Criminal Defense • Identify the Guilty • Clear the Wrongfully Accused • Verify Information & Statements • Violent Crimes • Property Crimes • Sex Crimes & Allegations of Sexual Misconduct • Sexual Harassment • Narcotic Investigations • Hidden Assets • Domestic Disputes • Infidelity Issues • Insurance Fraud • Allegations of Child Abuse • Civil Rights Matters • Allegations of Official Misconduct • Allegations of Public Corruption • Equal Employment Opportunity Matters • White Collar Crimes • Missing Persons • Law Enforcement, Government & Security Screening • Any Time the Need for the Truth is Important NOTE: For suspected employee thefts, see the requirements of the Employee Polygraph Protection Act (EPPA) of 1988 - click link belowLink - EMPLOYEE POLYGRAPH PROTECTION ACT BASIC QUESTIONS ABOUT POLYGRAPH ANSWERED Polygraph Examiner CredentialsBefore hiring a polygraph examiner, always find out about their credentials and experience. Ask how long they have been a polygraph examiner. - Ask how many polygraph examinations they have administered. - Find out how many professional polygraph associations they belong to. - Ask if they are qualified as an expert polygraph witness. - Find out how often they attend continuing education courses and find out if they are licensed. If they are experienced and truly professional, they will want you to know about their qualifications and will gladly provide you with this information on their web site or in writing. If this information is not readily available – Ask! The last thing you need is to spend your money on an inaccurate polygraph test. Test results that are inaccurate can cost you a lot more than your money. It can cost you your job, your relationship, your reputation, or in criminal matters.... harm your defense! Always ask for examiner credentials and experiences. DJI What is a Polygraph?The term "polygraph" means "many writings." The name refers to the manner in which selected physiological activities are simultaneously collected and recorded. There are two basic types of polygraph instruments in use today. There is the analog instrument (the kind where you can see the pens moving over the chart paper) and the more advanced computerized polygraph instruments. A polygraph instrument will collect physiological data from at least three systems in the human body. Convoluted rubber tubes placed over the examinee's upper chest and abdominal area will record respiratory activity. Two small metal plates attached to the fingers, will record electro-dermal (sweat gland) activity. A blood pressure cuff or similar device will record cardiovascular activity (blood pressure and pulse). A polygraph examination will involve three phases. They are the pretest interview phase, the in-test phase and the post-test interview phase. A typical polygraph examination will last two to three hours, sometimes longer. In the pretest phase, the polygraph examiner will complete required paperwork and talk with the examinee about the test. During this period, the examiner will discuss and review the questions to be asked, discuss the issue being tested on, and familiarize the examinee with the testing procedure and the polygraph instrument. During the chart collection phase, the examiner will administer the polygraph examination and collect a number of polygraph charts. Following this, the examiner will analyze the charts and render an opinion as to the truthfulness of the person taking the test. The opinion rendered will be one of the following: No Deception Indicated (truthful), Deception Indicated (not truthful), Inconclusive (the examiner is unable to determine truthfulness or deception), or No Opinion (the examination had to be stopped before completion or some abnormality was noted). In the post-test phase, the examiner will offer the examinee an opportunity to explain physiological responses in relation to one or more questions asked during the test. NOTE: It is important to state that a polygraph does not include the analysis of physiology associated with the voice. Instruments that claim to record voice stress are not polygraphs and have not been shown to have scientific support. Why Critics Figures VaryOne of the problems in discussing accuracy figures and the differences between the statistics quoted by proponents and opponents of the polygraph technique is the way that the statistical figures are calculated. Critics, who often do not understand polygraph testing, classify inconclusive test results as errors. In the real life setting, an inconclusive test result simply means that the examiner is unable to render a definite opinion. In such cases, a second examination is usually conducted at a later time. To demonstrate how the inclusion of inconclusive test results can distort accuracy figures, consider the following example: If 10 polygraph examinations are administered and the examiner is correct in 7 decisions, wrong in 1 and has 2 inconclusive test results, we calculate the accuracy rate as 87.5% (8 definitive results, 7 of which were correct.) Critics of the polygraph technique would calculate the accuracy rate in this example as 70% (10 examinations with 7 correct decisions.) Since those who use polygraph testing do not consider inconclusive test results as negative and do not hold them against the examinee, to consider them as errors is clearly misleading and certainly skews polygraph statistics. Errors in Polygraph Examinations:The False Positive & the False NegativeWhile the polygraph technique is highly accurate, errors can occur. Polygraph errors may be caused by the examiner's failure to properly prepare the examinee for the examination or by a misinterpreting, the physiological data collected during the polygraph examination. Errors are usually referred to as either false positives or false negatives. A false positive occurs when a truthful examinee is reported as being deceptive. A false negative occurs when a deceptive examinee is reported as truthful. Since it is recognized that any error is damaging, examiners utilize a variety of procedures to identify the presence of factors, which may cause false responses, and to insure an unbiased review of the polygraph records. These include: • An assessment of the examinee's emotional state. • Medical information about the examinee's physical condition. • Specialized tests to identify the overly responsive examinee and to calm the overly nervous. • Utilizing only validated testing formats and protocol. • Factual analysis of the case information. • A thorough pretest interview and a detailed review of the questions. • Quality control reviews. Who Gets Results?According to various state licensing laws and the American Polygraph Association's Standards and Principles of Practice, polygraph results can be released only to authorized persons. Generally, the individuals who can receive test results are the examinee and anyone specifically designated in writing by the examinee. Such as the person, firm, corporation or governmental agency, which requested the examination and others as, may be required by due process of law. Admissibility in CourtIt is largely the public's general opinion that polygraph testing results are not allowed in court. The fact is that polygraph results are admissible in most courts across the country. The Supreme Court has yet to rule on the issue of admissibility so it has been up to individual jurisdictions to allow or disallow them. There are some jurisdictions that have absolute bans on admitting polygraph results, but most will allow them. Why is this public opinion so widespread? The simple fact is that both the plaintiff and the defendant have to agree on having the results of the test are admissible prior to the examination being conducted. Since the results of the test are likely to benefit one party and not the other, the likelihood that both parties will agree to admissibility before knowing how it will affect their case is small. Because of this, results of polygraph testing are rarely admitted as evidence. Information Source: The American Polygraph Association Integrity - Discreet - Quality - Professionalism Terminology: Polygraphs, lie detectors, polygraph test, lie detection, polygraph examiners, polygraphist, lie detection service, polygraph testing, polygraph exams, lie detector companies, polygraph agencies, polygraph tests, polygraph examinations, polygraph services.www.marvinbadler.com
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Things To Do With Your Criminal Justice Degree

A lot of students considering a civil service career think that a criminal justice degree is only good for being a law enforcement officer or, in combination with a legal degree, a criminal lawyer. Here are a whole range of criminal justice career choices that many degree-holders overlook, but are well worth consideration:
Social Work/ Personal CasesThese may include child support and child protective services, missing persons, domestic violence and spousal or elderly abuse. Domestic legal social work is often identified as having extreme pros and cons to it. On the one hand, you're working to make everyone's home life better. On the other, the work can be stressful when confronting a perpetrator or heart-wrenching when confronting a victim. Social workers will work with law enforcement officers to assess a domestic situation, monitor a case to ensure that the desires of the court are carried out, and make further recommendations to the court for the disposal of cases.
Criminal Investigators and Special AgentsAlso known as "the Feds". Working in federal investigations is a whole new ball game compared to municipal police work. As for special agents, these are not limited to the FBI; nearly every federal agency has some type of special agent. These include the Department of Homeland Security, the Environmental Protection Agency, the Internal Revenue Service's Criminal Investigation Division, the United States Marshals Service, the U.S. Secret Service, U.S. Postal Inspection Service, and the National Park Service. Special agent work is a way to combine a criminal justice career with many other fields of government work and specialty interests.
Immigration and Customs InspectorsThese are the public servants who control access of persons and property into and out of the United States. Quite a high-profile job lately, with today's concerns over terrorism. A challenging job, with being able to speak multiple languages fluently a big plus (in some cases a requirement). Sometimes your biggest concern will not be stopping a terrorist, but preventing a confused, but innocent person from being mistaken for one! In addition, you maybe on the spot to check or clear visiting diplomats and dignitaries from other lands.
Police DetectivesThis is usually an after-the-fact officer. The law enforcement officer does the arresting; you just solve the crimes. Be aware that it's hardly the glamorous job Hollywood movies would have you believe; your reality will be day-to-day mundane tasks such as collecting forensic evidence, checking background records, interviewing witnesses, and testifying in court. Police detectives are of course categorized into many department specialties. Robbery and burglary alone accounts for a very large portion of police detective work.
Correctional Officers and JailersWell, that's pretty self-explanatory, isn't it? You'll be responsible for the care, custody, and control of inmates, whether they have been arrested and are awaiting trial or have been convicted of a crime and sentenced to serve time in jail. A prison or jail is a controlled environment which in many ways is a microcosm of a society, with it's own challenges to face. While the controlled environment of the jail or prison will seem a more secure niche, unexpected surprises can develop – particularly in the intake zone. And when things get out of hand in a prison, they tend to escalate quickly.
Homeland SecurityResponsible to prevent, detect, respond to, and recover from acts of terrorism. Currently a high-profile job to say the least, and not for the faint of heart, but you can count on lots of federal support during this time of national crisis. You'll be working with other federal agencies as well, such as the FBI and CIA, military counter-intelligence, and the NSA. The specialties with the Department of Homeland Security include collecting and sorting data on potential threats, surveillance, investigation, and assessing and alerting other agencies to potential threats.
Private Detective/ InvestigatorThe number-one most mythologized profession, misrepresented in movies and television about equally with spies. As opposed to the high drama and dangerous intrigue portrayed in fiction, your typical jobs as a private investigator might include tracking cheating spouses, gathering evidence for private attorneys in civil cases, or investigating spurious claims for an insurance company. Leave your Magnum, your Porche, and your nubile blond mistresses home – but always carry a notepad and pen.
Criminal IntelligenceWell away from any street work, the criminal intelligence agent works behind the scenes, gathering data on gang members, fugitives, and organized crime and logging it into databases where it will be accessible to officers and detectives in the field. This is often an under-recognized profession but obviously essential; when the officer types a gang member's name into the computer in his patrol car and discovers the identities of the other five members of that gang, a criminal intelligence worker at the base made this possible.
Computer CrimeNot a specific specialty just yet, but dealing with the cyber-side of criminal justice is one of the most in-demand fields as the number of computers in society grows each year. You'll of course need to combine your criminal justice degree with a computer science degree. Crimes committed through or with a computer may include fraud, offensive content, harassment and hate groups, drug trafficking, and cyberterrorism. If you imagined computer viruses or email scams were perpetrated by individual kids, think again: Computer fraud and data theft is actually an international organized crime operation and a multi-billion dollar per year industry! Police departments also need forensic data analysts on hand to find and recover evidence which may be on a suspect's computer and may have been encrypted or deleted. In the future, a special department may be created within the criminal justice system to deal with this special category, as currently many police departments have to outsource their computer-related work.
This list hardly scratches the surface of every career opportunity available in the criminal justice field, but should provide a broad sample of what's out there. Far from regular street police work, there are career opportunities to satisfy every interest and skill set.
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Forcible Rape Defense; False Accusations in Relationship and Date Rape Cases

Forcible rape and attempted forcible rape between people who know each other, either casually or well, make up a sizeable percentage of the false accusations in the criminal justice system. The cry of rape or abuse is a familiar cry when a relationship goes sour or when a woman has second thoughts after a night of sex or near intimacy. While there are certainly legitimate claims of rape and attempted rape in the world, from the defendant's perspective there are good reasons to view each claim with skepticism. Relationship rapes and date rapes are closely related and the techniques to defend each are similar.
The reasons for the accusations vary as do the situation, the character and personality of the alleged victim. In the system you see questionable accusations when dating or love relationships go sour and the woman is being rejected or being thrown aside for another woman. Sometimes in more casual dating the woman makes an accusation after having too much alcohol and engaging in sex. The morning after they realize what they have done and an accusation follows to protect their pride, cover their embarrassment, or justify a situation to their boyfriend or significant other.
Sometimes in younger women the issue of sex is still very delicate and the accusation comes after giving in and realizing afterwards what they have done does not sit well with their present psyche. Again, many times alcohol is a factor.
Sometimes the mental stability of the alleged victim is a major factor in making an accusation. All experienced rape defense lawyers have seen the young man who falls for a beautiful but unstable young woman and ends up getting accused when they break up or go farther than the woman's mental state will allow.
And, quite frankly, men are often too driven by their sexual desires to be careful in their judgments about who they attempt to bed. Men view sex entirely different than women for the most part. Men are very capable of enjoying sex and not thinking anything about it afterwards except for how much fun they had. Women may claim that is how they feel but the facts of these accusations show they have a much harder time accepting it as such a meaningless act of pleasure. It is in these instances that false accusations arise.
Also, often times "no means no" to a woman. A man can easily interpret "no" as "yes." He thinks she is just trying to show that she is not easy. Unfortunately, the trend in most states is that when a woman says no it means that consent to proceed has been withdrawn, even in the throes of great passion.
In a rape defense it is important for the lawyer to understand all of the circumstances of the relationship or the situation. A detailed minute by minute account is necessary to understand whether the rules have been broken. Many times if there is simply a misreading of signals, the benefit of the doubt will be given to the defendant. Most jurors have been in multiple sexual and intimate situations and they can understand mixed signals.
The more you can show that the woman gave off all of the signals of a willing participant, the better your chances of success. The witnesses to her earlier drinking and provocative conduct can provide good evidence that the defendant thought she was desirous of consensual sex. While most states' "rape shield" laws go far in protecting the history of the alleged victim, your lawyer should find out as much as they can about the alleged victim's history. Due Process requires you to be able to defend yourself and a good lawyer can usually find information that is admissible that sheds light on her character.
The defendant's character for not being sexually aggressive can be important. It is admissible evidence to show that you are not sexually aggressive. Prior girlfriends, female friends and co-workers, and friendly ex-spouses can be a good source for this evidence.
Your attorney must be prepared to contest the medical evidence if the alleged victim went to a hospital or a sexual assault response team. The current trend is for these medical personnel to testify that the alleged victims had physical injury to their vaginal area. What is usually found are microscopic abrasions that are a result of the friction of intercourse. Sometimes the prosecution's medical personnel try to say these micro-abrasions are inconsistent with consensual sex.
The research shows that micro-abrasions don't mean anything negative. They are as consistent with consensual sex as well as anything else. Your lawyer must be prepared to cross-examine these alleged experts aggressively. Your lawyer should also have a counter-expert ready to testify to the opposite of the prosecution's expert.
Date rape accusations aren't just limited to younger people. It happens throughout the age spectrum where single men go out with women of questionable stability.
If the accusation comes out of a relationship breakup, look carefully at the mental history of the alleged victim. Many times young men fall in love with very defective young women. A symptom of certain personality disorders seen in young women are the inability to handle rejection. A person they once idealized quickly becomes their archenemy and subject to false accusations of rape. If your jurisdiction allows, your lawyer should get a psychological evaluation of the alleged victim. If your jurisdiction doesn't allow it, you should investigate her history thoroughly. With a psychologist to guide your efforts, you will probably find evidence to support your theory.
As part of your investigation, look for prior instances of credibility problems on the part of the alleged victim. Check her job history and try to find her former boyfriends. Chances are you will find a history of lying and deception.
In any rape or attempted rape accusation you must find the motive of the alleged victim to lie. These cases of false accusations can be defended successfully, but you must find the motive. It is the key to the jury understanding why the young lady would go so far as to make such a serious false accusation of rape against you.
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