A
rape charge against Aptos real estate investor Frank DeBernardo has been dropped after his accuser changed her story about receiving money from him and his defense presented evidence of her history of making false allegations. The Santa Cruz County District Attorney's Office told a judge last month that it was dropping charges due to insufficient evidence.
The case began with an alleged incident at a "Friendsgiving" party at DeBernardo's home in November 2021, where the accuser, Jane Doe, claimed she had been raped after passing out from alcohol. However, during a preliminary hearing in January, Doe admitted that part of her sworn testimony was false and later revealed that she had received $10,000 from DeBernardo.
DeBernardo's defense team presented evidence that Doe had previously made allegations against other men, including a Long Beach businessman and a man on a flight to Arkansas. In both cases, law enforcement declined to press charges. The prosecution also acknowledged that it couldn't comment on the specific reasons for dropping the charges or how various pieces of evidence played into the process.
DeBernardo's civil attorney has submitted paperwork asking the court to allow him to file a $100 million defamation lawsuit against Jane Doe, alleging that her accusations led to "unimaginable emotional, financial and reputational devastation" to his client. The civil case remains active in the courts.
The dismissal of the criminal case does not mean it is closed for all time, with the DA's office stating that if additional information came in, they would take another look at it. However, a perjury charge against Jane Doe is possible but unlikely due to concerns about discouraging other victims from coming forward.
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