Is it time to punish false accusers of rape/sexual assault?

[Epic Beard Man]

According to some feminists, punishing any accuser hinders the willingness of victims to come forward on cases of sexual assault. Some, further argue that there is no statistical significance to warrant the creation of any law to punish false accusers of sexual assault. As a counter argument, rule-of-law advocates contend that false accusations are not victimless crimes. In most cases a real person is named as an attacker and he or she confronts severe consequences. Unfortunately victims of false accusations are judged in the court of public opinion even before arbitration which results in the negative judgment and in severe cases, isolation of the accused. In an article from "The Hill," genuine victims are also damaged by false allegations. "Every lie casts a shadow of doubt over every future report of sexual assault. So legal disincentives should attach to the act of lying not merely to protect those falsely accused but also to encourage real victims to make reports."

The article further states that false accusations does not show the human suffering behind false accusations which may compel some to rebel against feminist ideas one of such online movements like #BelieveWomen which highlights the story of an unfair treatment of a man in the local news who was falsely accused of sexual molestation. The result had gotten him fired from his part-time job, “tortured in school by other students and investigators," expelled and “forced to endure multiple court appearances, detention in a juvenile facility, detention at home, the loss of his liberty and other damages.” The girls who accused the man, confessed to lying and when asked why they lied, one stated "I just don't like him." In this case one may ask "what happened to the girls that accused the young man?" Nothing. The young man is being home schooled and now is seeing a psychologist.

The legal ramifications behind people who deliberately and falsely accuse others of sexual assault amounts to defamation, filing a false report, perjury, as well as civil sanctions for defamation. I believe some women's rights groups that strive for equality and fairness in the judicial system sometimes can lose their original essence of truth and fairness for all behind the process of personal gain and bias through the lack of consideration of others who may themselves become victims of false accusations. Sexual assault is serious, but I also think falsely accusing of sexual assault is just as serious and those that falsely accuse others must meet the same punishment. I for one do not believe that punishing others who have ill intent does not hinder real victims from coming out, it sets the precedent that people's lives and freedom are at stake.

Source:Is it time to punish false accusers?

 

[Sunstone]

Are there not already laws against filing false reports of a crime? I believe there are. So why single out false reports of rape/sexual assault for special treatment?

 

[Estro Felino]

In civil law systems the burden of proof is always on the accuser.

There are and there have been deceitful women who have deliberately lied saying to be sexually assaulted whereas it was only a hug or something like that.

Lying\Defamation is as grave as sexual assault

 

[Curious George]

I would worry that what you mean is that if someone is found not-guilty, the accuser should face consrquences.

 

[Shad]

Are there not already laws against filing false reports of a crime? I believe there are. So why single out false reports of rape/sexual assault for special treatment?

Yes there are such laws and false accusations can be used for civil cases. The argument is far more geared towards punishing the accuser via slander/libel and how many in the public react to the accusations via instigation (rape claim being false thus instigation of the public).

 

[Sunstone]

Is there any statistical evidence that false reports of rape/sexual assault are more frequent than false reports of other criminal activities? What, in other words, makes this a special problem in the minds of some people?

 

[Shad]

What, in other words, makes this a special problem in the minds of some people?

Social media really. Take Kav nomination as an example or the reference university cases in the article. People take accusations as gospel then enact policy, or personal conduct, before a case or investigation is started.

 

[Sunstone]

Social media really. Take Kav nomination as an example or the reference university cases in the article. People take accusations as gospel then enact policy, or personal conduct, before a case or investigation is started.

Would you then be in favor of heavier or special punishments for anyone whose accusations go viral on social media -- regardless of whether those accusations are of rape/sexual assault? Or are you only in favor of heavier or special punishments in cases where the accusations are of rape/sexual assault?

And if you actually do justify heavier or special punishments on the grounds that false accusations can go viral, are you not in effect advocating that people be punished for something beyond their control (i.e. whether or not something goes viral)?

 

[Subduction Zone]

I would worry that what you mean is that if someone is found not-guilty, the accuser should face consrquences.

Not necessarily. In this country we find people "not guilty". We do not find people "innocent" . Technically a not guilty finding means that there was not enough evidence to find the person guilty. The accuse may have performed the crime. The prosecution failed to prove that beyond a reasonable doubt.

 

[Sunstone]

I would worry that what you mean is that if someone is found not-guilty, the accuser should face consrquences.

I think that's a genuine concern.

 

[Sunstone]

Again, is there any statistical evidence that false accusations of rape/sexual assault are more frequent or common than other kinds of false accusations?

 

[Estro Felino]

A Sicilian proverb says "The wolf of evil consciousness is the one who would put thoughts into action"

meaning: if you think someone committed a crime even if without evidence...it means you would be able to commit that crime yourself

Since I'm not into women, my brain is predetermined to think that no man can rape or sexually assault.

Those who see rapists everywhere it's because rape is something they are predisposed to do themselves

 

[Subduction Zone]

Again, is there any statistical evidence that false accusations of rape/sexual assault are more frequent or common than other kinds of false accusations?

Pure speculation here, but perhaps a higher percentage of unreported raped would have qualified as false charges. There is probably a good reason that some cases are not reported to the police.

 

[Estro Felino]

Not necessarily. In this country we find people "not guilty". We do not find people "innocent" . Technically a not guilty finding means that there was not enough evidence to find the person guilty. The accuse may have performed the crime. The prosecution failed to prove that beyond a reasonable doubt.

We're speaking of when deception\defamation is proved in a trial.
For example....a woman accuses you of rape on a certain day, but cameras prove you were in Europe that day.

 

[Subduction Zone]

We're speaking of when deception\defamation is proved in a trial.
For example....a woman accuses you of rape on a certain day, but cameras prove you were in Europe that day.

As implied before, there are already laws doing that.

 

[Sunstone]

Pure speculation here, but perhaps a higher percentage of unreported raped would have qualified as false charges. There is probably a good reason that some cases are not reported to the police.

Do you think "pure speculation" is a good basis for advocating a change in the laws?

 

[Estro Felino]

As implied before, there are already laws doing that.

US doesn't have such laws....in Italy dr. Blasey Ford would be immediately tried.

 

[Shadow Wolf]

Again, is there any statistical evidence that false accusations of rape/sexual assault are more frequent or common than other kinds of false accusations?

Probably not. But majorities have a long history of becoming scared when a minority stands up to wrongs against them at the hands of a majority. And it doesn't help when there are fearmongering cretins blowing things out of proportion and not looking at things realistically and trying to get everyone afraid this new empowerment is coming for them (or, often enough, their women).

 

[Shad]

Would you then be in favor of heavier or special punishments for anyone whose accusations go viral on social media -- regardless of whether those accusations are of rape/sexual assault? Or are you only in favor of heavier or special punishments in cases where the accusations are of rape/sexual assault?

And if you actually do justify heavier or special punishments on the grounds that false accusations can go viral, are you not in effect advocating that people be punished for something beyond their control (i.e. whether or not something goes viral)?

There are laws which cover this via false reporting along with libel/slander. There is no need for news laws which cover the same thing. If there is proven false accuser, just as per libel/slander, the victim can sue. The victim can sue other parties involved which took the lies as facts such as termination of employment, etc, etc. The police can charge a person with a false report.

The issue to me is regarding enforcement, criteria, categorization and disclosure of information. Is the justice system charging false accusers with false reporting as LE would in other cases or are there exceptions due to the nature of the accusation? Is there a defined set of criteria to establish a false report compared to an uncorroborated report? No ifs, more likely than not, lower standard of evidence, etc, etc. Are the victims of a false accusation informed regarding their accuser false report?

Enforcement is far better in my opinion.

 

[Shadow Wolf]

US doesn't have such laws....in Italy dr. Blasey Ford would be immediately tried.

In the US it is very illegal to file a false police report, and plenty of judges ready and eager to beat someone with a legal hammer who waste their time and time of the entire system.