Expert: Edward Martinovich, Esq. - 4/5/2007

Question
My husband had an affair with a "lesbian" friend of his.  He is studying medicine and she goes to school with him.  She had been persuing him for more then 6 months but whenever I questions the situation she was like o no I am gay.  Anyway I was out of town and it happened.  5 days later she calls the police and reports that he drugged and raped her.  She said being that time had elapsed they couldnt do a rape kit or toxicology report so she decided not to pursue the case.  In my heart I know he didn't "rape" her being that I have seen her make moves on him when she is drinking.  When I was there 1 night she asked me if I put something in her drink, saying she doesnt remember things.  Anyway, I am quite concerned that she is angry that we are going to try to work things out and try to follow up with this rape alligation.  Basically I am really worried that it could come up later and he has spent a lot of time and money in school.  I am only trying to work this out because we have a son and I want him to have a future with his father and a stable family including financial stability.  I am worried she will try to get charges pressed later on and he will not be able to get licensed.  We are in GA, and I am wondering if he should get a lawyer and go to the police and have a statement put on file??

Answer
He should absolutely get a lawyer immediately.  Those are very serious allegations, and are sufficient to get him arrested and prosecuted.  He will probably prevail given that no rape kit exists, nor a toxicology report.  However, i've seen people convicted on less evidence.
Therefore, he's not to make any statements to the police about this at all, unless it is authorized by an attorney.