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False Report

In our legal system innocence is presumed.  The concept of believing the accuser creates an impossible task of proving the lack of guilt, because there is always going to be a void of evidence where something did not occur.  It creates the perception of guilt on everyone and begs the verse:

He that is without sin among you, let him cast the first stone.

In Freedonia, New York, a woman has pleaded guilty to false reports after accusing a male suspect of raping her.  The woman, 20-year-old Stephanie A. Kicak, said that she made the accusations in order to cover up an affair.

A probable cause affidavit stated that Kicak reported a sexual assault to local authorities in June 2020.  At the time, Kicak stated that she was visiting her mother and walking through Point Park near Warren Recreational Pool when she decided to take a break and sit at a darkened pavilion.  Kicak said that she encountered a male inside the pavilion.  According to the affidavit, “the unknown male produced a knife and ordered [Kicak] to walk into the wooded area behind the pavilion [and] pushed her to the ground and took her pants and underwear off.”  The assault didn’t last long, Kicak said, as the suspect reportedly “got distracted and he left.”

Following the alleged attack, Kicak completed an interview with police as well as a rape kit and provided a description of her purported attacker.  Upon investigation, police determined a lead on the suspect and questioned him over the incident. The male, who remains unnamed at the time of this reporting, denied the attack and said that the encounter was consensual and evidenced as such by Facebook conversations between him and Kicak.

Kicak eventually told authorities that she lied about the allegations in a bid to cover up an affair that she’d had with the male subject.  Kicak appeared before Warren County President Judge Maureen Skerda on Monday, where she admitted to having “accused someone of something they didn’t do.”  Her plea carries a maximum penalty of two years in prison and a fine of up to $5,000.

The FBI has put the number of “unfounded” rapes – those determined to be false after investigation – at 8%.  While rare, false reports occur in all types of law and every case deserves to be investigated/  The police owe victims a duty to investigate, but they also owe those accused.

Some may remember Brian Banks.  In 2002, his Junior year, Banks verbally committed to USC. After being falsely accused of rape by classmate Wanetta Gibson, he spent close to six years imprisoned and five years on parole, and had his conviction overturned in 2012 after his accuser confessed that she had fabricated the entire story.  However, by then his life had dramatically been altered.

Our legal system is an amazing system that is designed through many parts to protect both victims and those accused.  That is why the burden is on those alleging the action to present the evidence of guilt, not just the accusations of guilt.  If you should need an attorney to help defend you either as a victim of crime or an accused of a crime, please call Goldfinch Winslow at 843-357-9301.

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