You headed out of town with someone you just met recently. She seemed like an interesting person, and you had a good time while you were gone. What you didn’t realize is that she’d told no one she was leaving, and she used you to make it seem like she’d been kidnapped.
Now, she’s claiming that you kidnapped her to make her family and friends feel guilty and to make them spend more time with her, but you know it’s all a ruse. On top of that, you’re now facing charges placed by her parents. She simply won’t tell the truth, because she’s in over her head.
What can you do? This accusation is ruining your life and reputation.
A local and experienced attorney can help defend you. One of the primary defenses to accusations of kidnapping is that the alleged victim was willing to travel with you. You need evidence of this or evidence that the individual could leave at any time.
For example, if you stayed at a hotel, you may want to seek out videos of you and the alleged victim entering the building. If she’s using her phone or talking openly to the receptionist, it helps back up your story that she was willingly with you.
Another thing that could help is if you have text messages or emails planning the trip with her. If she took the time to say she’s excited to go on the vacation or sent an email with photos from the trip, you can use those items to show that she was not at risk and chose to go with you.
By law in Indiana, a person commits kidnapping when he or she intentionally confines a person to seek ransom, while stealing a vehicle, with the intent to use the person as a hostage or with the intent to aid in the escape of a prisoner. It’s a Class A felony, which puts your life and freedom at risk if you’re convicted.
The prosecution must be able to prove beyond a reasonable doubt that you confined the person and took that person away by fraud, force or threat of force. You do not have to say anything that could incriminate yourself.
It’s often a good idea to wait to see what evidence the prosecution has. If there is not enough, then the court likely will not rule in the prosecution’s favor. Having your own evidence to show that the alleged victim is lying or making a false claim can also benefit you and result in having the charges dropped.
Source: Nov. 30, -0001