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Feminism: Sex and gender discussions

should young girls go to prison for "false rape claims"

311 replies

traceyracer · 26/08/2018 11:51

nypost.com/2018/06/05/former-college-student-who-claimed-rape-admits-it-was-all-lies/

Won't sending her to prison make it harder for the real victims to come forward?

And what if she's mentally ill and needs help rather than criminal-minded?

OP posts:
LaBamba1 · 26/08/2018 19:49

Though it may make little practical difference to this post the criminal test is not "beyond all reasonable doubt but "beyond reasonable doubt" - this is now usually expressed as "are you sure?

Rufustheyawningreindeer · 26/08/2018 19:45

hearts

Kids link says 3% malicious claims

MyDcAreMarvel · 26/08/2018 19:40

**VickyEadie

I'm intrigued by the thread title - "young girls".

Why not 'women'?**
Because the female in the link was 17 ergo a young girl.

heartsease68 · 26/08/2018 19:39

I remember seeing evidence that people deliberately make up rapes about as often as they make false reports of other serious crimes, like burglary and assault. It's rare, only about 3% of reports

Evidence, please.

Rufustheyawningreindeer · 26/08/2018 19:33

I agree prawn

I had read that it was 3% and i think that 3% included mistaken identity but i may well be completely wrong on that

Rufustheyawningreindeer · 26/08/2018 19:29

Cos if it is

It doesnt mean what you think it means

If it isnt the bit you mean then apologies as i cant find it and am obviously missing something

Rufustheyawningreindeer · 26/08/2018 19:28

From kids link

'A variety of definitions of false allegations of rape were found to be in operation amongst police and prosecutors. Some definitions included recording intoxicated victims, delayed reporting, victim retraction,8 and lack of physical injury / medical evidence as false allegations.9 Using definitions reflecting such perceptions would lead to classifying 12% of rape cases in the database as false. However, a narrower definition focusing on complaints that were perceived to be malicious would classify 3% as false*

Is this the bit you meant?

Rufustheyawningreindeer · 26/08/2018 19:25

Should say that if n accuser can absolutely be proved that they maliciously lied about the raoe then yes obviously they should be punished

My understanding is that usually this happens in the uk

And although i agree that currently we do not operate a systm where the accuser becomes the accused Some newspaper articles following a not guilty verdict dont seem to understand that and neither do the people making online comments

Prawnofthepatriarchy · 26/08/2018 19:22

I remember seeing evidence that people deliberately make up rapes about as often as they make false reports of other serious crimes, like burglary and assault. It's rare, only about 3% of reports

We prosecute people who lie about burglary to make a false insurance claim, and we should prosecute malicious claims of rape too, as long as they definitely are malicious, and particularly those that result in someone going through a police investigation with all the stress that involves. As PP have said, the name of a suspect often slips out and they may be tainted forever.

This is a completely separate issue to the dismal conviction rate for rape. We should, as a society, be looking at how to improve the criminal justice system.

Rufustheyawningreindeer · 26/08/2018 19:18

Thank you kids ill have a look at it in a bit

Summerisdone · 26/08/2018 19:13

Doing so should only be done when they can say 'beyond a reasonable doubt' that the girl/woman has made a false claim, the same way a boy/man only tends to be convicted when they can say 'beyond a reasonable doubt'.
I do not believe it should categorically be decided that if the alleged is found not guilty then it must automatically alleged victim is the guilty one, because we are all aware of how many not guilty verdicts are given despite the rape actually happening.

happinessischocolate · 26/08/2018 18:59

A relative was accused of rape and found guilty but then it was overturned at appeal and after him spending 15 months in prison as a rapist he was released. The accuser has admitted to loads of people that it was revenge as she found out he was seeing someone else. She claimed he'd broken in and raped her in her house, when the truth was he'd been round to see her with her consent. It still hangs over him years later as there's people who say if there's no smoke without fire. Should she go to prison, yes definitely even if only for 6 months.

LittleMissedTheSunshine · 26/08/2018 18:54

If someone makes up an absolutely false rape claim (as in, the accused was proven to not be anywhere near the victim at the time of the allegation) then yes I think there should be a strict penalty.

Being falsely accused of rape can seriously fuck up someone's life how can anyone say there shouldn't be a legal penalty?

Just because some men rape, doesn't mean that women can get off scott free if they falsely accuse someone who is innocent.

HolyPieter · 26/08/2018 18:36

OP, you linked to the New York Post - a far-right, Trump supporting rag. I wouldn't believe a word they say.

Angharad07 · 26/08/2018 18:17

I was raped. Was told that I was a lier by the defence lawyer in court and that I wanted attention that night. Had the dress I had worn that night held up in front of a whole court and asked whether I thought it was suggestive. Was questioned on why I went on a night out with my girl friends without my partner. Was told that I must have been after something for allowing friend of rapist to buy me a drink (that night before the incident). Was questioned on why I had drank so much. Was questioned on why I had asked rapist if I could borrow a lighter in smoking area of club. I was treated like a criminal as soon as the procedures began.

FYI my friends witnessed it and called the police and there was evidence that the rapist had lied twice in all original statements- including denying he had come near me and then changed his statement after biological evidence showed that there had been sexual contact. He was found not guilty of all 6 charges against him. I wasn’t even given a chance to speak to my persecution lawyer before the court proceedings nor was I advised to get legal advice. I had just turned 18 and this was two years ago not 40 years ago.

Magnussen · 26/08/2018 18:06

They should be punished, of course they should!

And the accused should be compensated

KidsDriver · 26/08/2018 18:01

Rufustheyawningreindeer

And anyone else wanting a link showing that 12% of rape accusations are provable to be false and 3% are malicious... it's from a Ministry of Justice report in July-12. Called "Understanding the progression
of serious cases through the
Criminal Justice System".

www.gov.uk/government/uploads/system/uploads/attachment_data/file/217471/understanding-progression-serious-cases.pdf

heartsease68 · 26/08/2018 17:52

I think false rape claims loom so large in the mind of the public that they play a big part in suspicion about rape claims in general (that and too many feminists being openly disinterested in justice where men are concerned). So it would actually be helpful if false claims were seen to be punished fairly. Because otherwise the legal system is clearly not even-handed.

sparklepops123 · 26/08/2018 17:49

Yes, I worked with somebody who completely made up a rape, disgusting. Somebody hinted she was making it up but I ignored them because I didn't believe anybody would do that . I was wrong

heartsease68 · 26/08/2018 17:48

what if she's mentally ill and needs help rather than criminal-minded?.

Yes well, what if the rapist was. Or the axe-murderer.

donquixotedelamancha · 26/08/2018 17:47

what if she's mentally ill and needs help rather than criminal-minded?.

Would you excuse a rapist who had mental health difficulties?

Courts do assess whether people have the capacity to be responsible for their actions. If they do, then they face the consequences. People who lie about being raped feed myths which harm genuine victims.

Oblomov18 · 26/08/2018 17:19

Posters are talking about different issues here.
Of course, unfortunately some really genuine cases may not convince a jury, may not get a conviction.

But if it is utter lies and she admits it was, and the whole thing made up, then Of course she should be punished, penalised or put on trial herself. Because that's disgusting.

TeeJay1970 · 26/08/2018 17:14

Perfect P

Community service for a false rape accusation?

That's a bit like nicking 500 pounds and being ordered to back 50 quid.

Flyingpompom · 26/08/2018 17:05

@batshitbetty you can shove your 'disgust' up your arse!!! I did not make any excuses for the accuser. I simply explained why prison was not the answer for someone like her.
It's the accused man that is someone I am close to.
How dare you make a comment like that when you have no idea of the situation?!

MichonnesBBF · 26/08/2018 16:53

@SlartiArdvark

Thank you, seems to be some confusion going on in this thread.