tag:blogger.com,1999:blog-5794535954827182754.post8326911029975476361..comments2024-02-17T04:06:00.805-05:00Comments on Just Not Said: False rape accusationsJohn Craighttp://www.blogger.com/profile/08729625146043379286noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-5794535954827182754.post-11528103717102480492009-08-16T21:38:16.537-04:002009-08-16T21:38:16.537-04:00My understanding is that the reason there are far ...My understanding is that the reason there are far more rapes than convictions for rapes is that most rapes go unreported -- partly because the victims are not sure they could secure convictions, but also because they just don't want to relive the whole thing over again. But at the same time, I've heard that Linda Fairstein, the former NY prosecutor in charge of sex crimes, has also said that of the rapes which actually are reported, many did not occur. I would not want to make it possible for an actual rape victim to be prosecuted for a false accusation. But I think in some cases -- such as with Gonzalez, or Mangum -- they shouldn't be allowed to just walk away. You're certainly right about our system being error-prone and manipulatable (is that a word?), otherwise McCaffrey wouldn't have been convicted.John Craighttps://www.blogger.com/profile/08729625146043379286noreply@blogger.comtag:blogger.com,1999:blog-5794535954827182754.post-58350558579869403472009-08-16T21:18:48.568-04:002009-08-16T21:18:48.568-04:00Unfortunately, our legal system (like any), has lo...Unfortunately, our legal system (like any), has lots of gray areas/ imperfections. If one is innocent until proven otherwise, the other party has to be guilty for accusing the innocent one. The system does not allow for anything in-between. There are though more rapes than the false rape accusations. As unfair as this sounds, I feel that the scale should remain tipped in favor of women on this one.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5794535954827182754.post-19882478793082389132009-08-16T21:03:16.211-04:002009-08-16T21:03:16.211-04:00Anonymous -- Thank you for your comment. You bring...Anonymous -- Thank you for your comment. You bring up a good point, and that would indeed be a horrible scenario. But as I said in the last paragraph of the post, the accusation would have to be "obviously false," i.e., provably false. It's not that hard for a man who's guilty to get off because so many date rape-type situations degenerate into he-said-she-said trials. But at the same time, I suspect that it wouldn't be that hard for a woman who's a false accuser to get off too. Our legal system is based on an innocent until proven guilty assumption, as well as the beyond-a-reasonable-doubt standard, and those same principles would be applied the other way as well. So i think it owuld be awfully hard to convict an innocent woman. I think that any reasonable judge and jury would want to see motive, malicious intent, etc. Most cases certainly aren't as clear cut as the Duke lacrosse case, or the Gonzalez case (although she got away with it at first). In a case like Tawana Brawley's, I actually think that Steven Pagones had good grounds to sue Al Sharpton for a false rape accusation.John Craighttps://www.blogger.com/profile/08729625146043379286noreply@blogger.comtag:blogger.com,1999:blog-5794535954827182754.post-43940959462319796542009-08-16T20:40:11.092-04:002009-08-16T20:40:11.092-04:00I agree, false accusations should have consequence...I agree, false accusations should have consequences and there is punishment for perjury if the falsely accused wishes to press charges. What would happen if the rape did indeed happen but cannot be proven, should the victim then be accused of false charges and go to prison instead of the rapist?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5794535954827182754.post-69293466154866012052009-08-13T17:20:34.511-04:002009-08-13T17:20:34.511-04:00Steven --
Just checked out your excellent website....Steven --<br />Just checked out your excellent website. Wow, you're way ahead of me. I just saw that article in the Post this morning and it irked me, as it long has, that it's so easy for a woman to cry wolf (falsely) in our society and that there are virtually no consequences to her if she does so. Every time I hear of a case like this it infuriates me when the woman gets away with no penalty. There's definitely a need for more Old Testament justice here. I'm not trivializing real rape -- and neither are you -- but the women who make false accusations are. And the only way to stop those false accusations is to attach a penalty to them.John Craighttps://www.blogger.com/profile/08729625146043379286noreply@blogger.comtag:blogger.com,1999:blog-5794535954827182754.post-23803620276655008392009-08-13T16:27:11.583-04:002009-08-13T16:27:11.583-04:00Agreed. Serious consequences is an understatement....Agreed. Serious consequences is an understatement. The fact that the only 'evidence' was her word, as the bite marks were never matched to him, it is disgusting that he was convicted.<br /><br />We have also run a piece on this story at my website, www.falserapesociety.blogspot.com.<br /><br />The fact that if the DA doesn't grant her immunity, based on the fact that she is now pregnant, she won't testify to her lie, means that William could still end up serving a prison sentence for something he didn't do. <br /><br />Our system needs to change. We need to start holding prosecutors accountable when they put people who are innocent in prison. As well, when an accusation is proven false, the false accusers need to serve some form of custodial sentence. <br /><br />I hope that whatever the outcome to this case, Mr. McCaffrey is released as quickly as possible, and he should receive a public apology from the prosecutors office, and compensation for the years he has lost.<br /><br />All the best,<br /><br />E. Steven BerkimerStevehttps://www.blogger.com/profile/12538930862419269620noreply@blogger.com