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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:
thebewilderness · 29/08/2018 23:02

Plea bargaining in both the UK and the US is a process whereby the accused pleads guilty to a lesser crime they did not commit in order to avoid being tried for a more serious crime which they may or may not have committed.

sawdustformypony · 29/08/2018 23:13

I think that’s called ‘perverting the course of justice’.

thebewilderness · 29/08/2018 23:18

That is what law enforcement officers call it but the legal system officers seem to think it keeps the courts running smoothly.

Totallymyownperson · 29/08/2018 23:32

I think plea bargaining is more likely in US as opposed to UK because in UK judge decides sentence based on sentencing guidelines and so both defence and prosecution can’t guarantee they will get the sentence they want. In US both sides can agree the sentence and judge just rubber stamps it. They can overturn it but rarely do.
www.bostonglobe.com/metro/2018/04/09/judge-stunned-proposed-plea-deal-rape-case/uu0Rn7r3kPYu2tSX7REpXN/story.html

prh47bridge · 29/08/2018 23:34

Absolutely wrong. In the UK the lesser charge and the more serious charge both derive from the same facts. So, if the accused may or may not be guilty of the more serious charge, they equally may or may not be guilty of the lesser charge.

For example, a defendant charged with GBH may plead guilty to ABH in order to get the GBH charge dropped. If they were in fact guilty of GBH they were definitely guilty of ABH. And even if they were not guilty of GBH they may still have been guilty of ABH.

You cannot plead guilty to a crime you definitely did not commit to get a more serious charge dropped. It doesn't work like that at all.

In any event, this has increasingly little to do with your argument that girls are being bullied into accepting plea bargains over alleged false rape claims when they are, in fact, innocent and are then being imprisoned by judges who ignore the agreed sentence because they like sending young girls to prison. As I have pointed out, that is definitely not true.

AllDayBreakfast · 29/08/2018 23:46

Yeah, I wish people would just accept that there are some nasty pieces of work out there that make accusations out of revenge/spitefulness/need for attention. Women can undoubtedly be reprehensible at times, even if us men commit the vast majority of violence, and most rational people understand this.

OctaviaOctober · 29/08/2018 23:54

If someone admits it was all lies, they've committed a crime and should be punished. They shouldn't get to walk free because of feelings that it could lead to fewer reports.

However I have noticed that a lot of people seem to think a not guilty verdict means she made a false claim. She probably didn't. She just couldn't prove something that's very hard to prove.

My concerns though are that a) vulnerable women or women with learning difficulties could be manipulated or coerced into saying they lied when they didn't, as I'm guessing false claim cases would be convicted more easily than rape cases. And b) some rape victims will say they lied just to try and make it all go away. A woman on this forum started a thread saying the same just a month or two ago. Her partner abused her, but she was worried for him and stressed about the case. People had to inform her she could be arrested if she lied about lying.

thebewilderness · 30/08/2018 00:02

For example, a defendant charged with GBH may plead guilty to ABH in order to get the GBH charge dropped.
No they can't because you do not have plea bargaining in the UK, remember?

Totallymyownperson · 30/08/2018 00:05

Octavia your right that vulnerable women could be coerced into making false confessions. I think this is more likely to happen with rape and domestic abuse cases because abusers will often deliberately target these women for such crimes because they don’t make good witnesses

prh47bridge · 30/08/2018 09:12

No they can't because you do not have plea bargaining in the UK, remember

Now you are really struggling. From my first post on the subject in this thread, "The nearest we get in the UK is when the prosecution agrees to drop a more serious charge if the accused pleads guilty to a lesser charge". Which is exactly what I described - the prosecution dropping a charge of GBH for a defendant who pleads guilty to ABH. That is very different to the type of plea bargaining that happens in the US.

It is clear that you have absolutely no evidence for your original assertion.

Rufustheyawningreindeer · 30/08/2018 09:17

Yeah, I wish people would just accept that there are some nasty pieces of work out there that make accusations out of revenge/spitefulness/need for attention.

A lot of People do accept this

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