Wednesday, February 10, 2010

Why don't false rape charges justify the means, shouldn't deterrence be used in these situations?

I heard the statistic that more the half of the rape claims are deemed false. My question would be why haven't STRICT penalties been set down regarding false rape claims. I feel a slap on the wrist or a fine does not justify the means where as a man is facing 10 years or more in prison and a ruined reputation.





My question is why are the courts so forgiving about false rape allegations (if proven to be false) shouldn't the courts throw the book and order restitution. I feel that a women can claim rape in this modern day, have it proven that shes lying and not face any where near enough recourse for what she's done.





Your thoughts?





I say this because of all the vindictive women out there who get cheated on or have their reasons who think they have a way of getting even. I think if the penalties for lying were harsh enough this wouldn't even be an option for her and the amount of false rape claims would drastically reduce.Why don't false rape charges justify the means, shouldn't deterrence be used in these situations?
Actually, it isn't true when you say that more than half the rape cases prosecuted are false. A verdict of ';not guilty'; is not the same as innocent. The alleged rapist might well have done the deed but there was insufficient proof in which to convict him (the burden of proof is quite high). Also, courts are punishing women whom they believe have made false allegations but they will not willy nilly prosecute every single woman who cannot prove her case in court. Just as there has to be sufficient proof to convict the man of rape, there has to be equal proof that the woman's allegations were false.





Also, the sentence for falsely alleging rape will never be the same as that given to a person convicted of rape as the two crimes are not the same but you should know that women in recent years have gone to prison when it has been proven beyond a reasonable doubt that their claims were false.





As for your assumption that if the punishments were made harsh enough, that there would be few false rape claims, think again. Harsh penalties have failed to deter murderers and rapists so what makes you think it would prevent false rape claims? All that would happen is that women would be afraid to report being raped as the man could say she was being vindictive after consentual sex and she could be prosecuted if she couldn't provide enough evidence. It is hard enough to prove rape as it is without making it completely unjust and impossible to bring a case at all.





Finally in response to someone else's comment, ';';There is also the statistic that more than half of real rapes go unreported. To make women fear that if their allegation is not believed they will be sent to prison would drastically increase THAT statistic';';, you wrote, ';I don't think so, obviously the bar would be VERY high with regards to proving intent beyond a shadow of a doubt.'; But isn't that the same thing with rape convictions? Based on what you said, since the burden of proof is so high, why should any man falsely accused of rape go to prison?Why don't false rape charges justify the means, shouldn't deterrence be used in these situations?
I am one of the other fifty percent.





The people who use the allegation falsely made me far angrier than you...because every time it happens it makes it THAT much harder for women who have been raped.





Yes, I think women should have to face charges if they falsely charge a man with such a thing...but I think ANYONE regardless of gender should also face prosecution.





I also believe that new technology will drastically reduce the number of false allegations.
I absolutely agree. Whoever reports it falsely and maliciously, they should face the punishment that the accused would have. Filing false reports only diminishes the seriousness with which this crime should be treated. Now, there are times when it's a simple case of mistaken identity. Not talking about that here. But, there should definitely be some harsh repurcussions for malicious filing.
Because I beleive you have no valid source to support the initial claim.
There is also the statistic that more than half of real rapes go unreported. To make women fear that if their allegation is not believed they will be sent to prison would drastically increase THAT statistic.





Cases of fraudulent or malevolent false rape claims are prosecuted all the time. If it can be proven that the woman made the claim with malice in mind she can be prosecuted criminally (and often is) and can also be sued in civil court for defamation.





If it is a he said she said matter that cannot be proven in court it is not right to prosecute the woman. Just because a conviction was not entered does not mean a rape did not occur, just that it was not proven beyond a reasonable doubt.
Women who make false rapes have a more damaged reputation than the accused.





If the woman tries to make an allegation of rape again she is more than likely to not be believed because of the previous false allegation. (the boy who cried wolf).





Also they get charged with wasting police time and the courts time. And they sometimes have to pay the costs.





Another issue with these women is that they usually have some form of mental defect to be so vindictive and try and ruin someone in that manner.

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