Should False Rape Allegations Be Charged?

[Tekania]

Yes, anyone who falsely accuses somebody of rape should be arrested and charged. It really does concern me that a female can ruin a males life by simply saying a few words.

At what point does something go from an unproven allegation to a false allegation?

This is the hitcher.... if someone outright lies and perjures themselves and it comes out.... yes charge them..... an allegation which merely lacks enough proof to sustain a conviction, no.

[Napkiraly]

At what point does something go from an unproven allegation to a false allegation?

This is the hitcher.... if someone outright lies and perjures themselves and it comes out.... yes charge them..... an allegation which merely lacks enough proof to sustain a conviction, no.

Indeed. And of course it must be noted that false rape allegations are incredibly small (iirc the FBI said only about 8% of claims are) with other studies claiming that it's only 1-2%. And then of course most of those will probably be down to not properly understanding contemporary rape laws (which of course doesn't mean an offence wasn't committed, just perhaps not the one being claimed to have occurred) or mistaken identity. Malicious false accusations are almost certainly an extreme rarity.

[Hyfling]

Of course they should.

Define "false allegation".

Accusing someone of a crime that never actually occured.

[Trezchoix]

YES its insane how a woman can absolutely destroy a mans life and take all of his money.

[Risottia]

This video of a landlady has been circling around certain sites I have frequented as she claims to have been raped and assaulted even though she punched the man who she accused of raping her. So it makes me question if false allegations of crimes should be charged under the court of law?

My opinion is that false rape allegations are a crime and should be treated as perjury.

A false allegation of a crime, if knowingly made, is pretty much the definition of calumny, iirc.

[Solaray]

Yes but it can be difficult to determine whether the allegation is false or not.

[Imperializt Russia]

Yes, anyone who falsely accuses somebody of rape should be arrested and charged. It really does concern me that a female can ruin a males life by simply saying a few words.

At what point does something go from an unproven allegation to a false allegation?

According to a widely-circulated study of rape allegations in USAF, in one-sixth of cases, where existing rape allegations are re-analysed and the claimants re-interviewed and confessing the allegation was fabricated.

Important to note is that social mechanics of USAF are not representative of general society.

http://www.falserape.net/falserapeafa.htm
I apologise for the source, but you can find, with difficulty, the original paper, as it is given in the article.
It says a quarter (27%) and then further alleges two-thirds (65%), though 212 of 1218 is only 17%

[NFA]

Absolutely false aqusation of rape should be a crime. Rape is a horrible act and a serious crime, to falsely blame someone of rape is awful in and of itself and therefore should be regarded as a crime.

[The 44th Indp Legion]

At what point does something go from an unproven allegation to a false allegation?

According to a widely-circulated study of rape allegations in USAF, in one-quarter of cases, where existing rape allegations are re-analysed and the claimants re-interviewed and confessing the allegation was fabricated.

Important to note is that social mechanics of USAF are not representative of general society.

The UK study I mentioned earlier concluded that most, if not all, withdrawn accusations such as you mention were suspected to done because of social pressure, blackmail ,threats, etc, rather than actual fabrications, to the point where the governament funded research on how to resolve this, since it's a legally complex situation when someone is believed to falsely claim their suspected truthfull allegations were false.

[Neo Rome Republic]

Yes, anyone who falsely accuses somebody of rape should be arrested and charged. It really does concern me that a female can ruin a males life by simply saying a few words.

^This.

[Ashyaria]

Yes, anyone who falsely accuses somebody of rape should be arrested and charged. It really does concern me that a female can ruin a males life by simply saying a few words.

^^

[Imperializt Russia]

According to a widely-circulated study of rape allegations in USAF, in one-quarter of cases, where existing rape allegations are re-analysed and the claimants re-interviewed and confessing the allegation was fabricated.

Important to note is that social mechanics of USAF are not representative of general society.

The UK study I mentioned earlier concluded that most, if not all, withdrawn accusations such as you mention were suspected to done because of social pressure, blackmail ,threats, etc, rather than actual fabrications, to the point where the governament funded research on how to resolve this, since it's a legally complex situation when someone is believed to falsely claim their suspected truthfull allegations were false.

In McDowell's study, the women were presented with a lie detector test. According to accounts of the study, and claims made by McDowell himself, almost all of these false allegations were admitted before either on having failed the lie detector test, or merely by being threatened with the test.

[Leritorius]

[Napkiraly]

The UK study I mentioned earlier concluded that most, if not all, withdrawn accusations such as you mention were suspected to done because of social pressure, blackmail ,threats, etc, rather than actual fabrications, to the point where the governament funded research on how to resolve this, since it's a legally complex situation when someone is believed to falsely claim their suspected truthfull allegations were false.

In McDowell's study, the women were presented with a lie detector test. According to accounts of the study, and claims made by McDowell himself, almost all of these false allegations were admitted before either on having failed the lie detector test, or merely by being threatened with the test.

Polygraphs are unreliable.

[Farnhamia]

This video of a landlady has been circling around certain sites I have frequented as she claims to have been raped and assaulted even though she punched the man who she accused of raping her. So it makes me question if false allegations of crimes should be charged under the court of law?

My opinion is that false rape allegations are a crime and should be treated as perjury.

A false allegation of a crime, if knowingly made, is pretty much the definition of calumny, iirc.

Ah, la calunnia ...

La calunnia è un venticello
un’auretta assai gentile
che insensibile, sottile,
leggermente, dolcemente,
incomincia a sussurrar.

Piano piano, terra terra,
sotto voce, sibillando,
va scorrendo, va ronzando;
nelle orecchie della gente
s’introduce destramente,
e le teste ed i cervelli
fa stordire e fa gonfiar.

Dalla bocca fuori uscendo,
lo schiamazzo va crescendo:
prende forza a poco a poco,
vola già di loco in loco.
Sembra il tuono, la tempesta
che nel sen della foresta,
va fischiando, brontolando,
e ti fa d’orror gelar.

Alla fin trabocca e scoppia,
si propaga, si raddoppia
e produce un’esplosione
come un colpo di cannone,
un tremuoto, un temporale,
[un tumulto generale]
che fa l’aria rimbombar.

The calumny is a little wind,
a very gentle little breeze
which numbly, softly,
lightly, kindly,
begins to whisper.

Little by little, mildly,
in a low voice, hissing,
it goes flowing, it goes buzzing;
in people's ears
it enters deftly
and makes heads and brains
stun and blow.

Getting out from the mouth
the clamour grows:
it slowly strenghtens,
it already flies from one place to another.
It seems like the thunder, like the storm
that in the depht of the forest
go whistling, grumbling,
and makes your blood run cold.

In the end it spills over and blow up,
it spreads, it doubles
and provokes an explosion
like a cannon shot,
an earthquake, a rain storm,
a general tumult
which makes the air peal.

[The 44th Indp Legion]

The UK study I mentioned earlier concluded that most, if not all, withdrawn accusations such as you mention were suspected to done because of social pressure, blackmail ,threats, etc, rather than actual fabrications, to the point where the governament funded research on how to resolve this, since it's a legally complex situation when someone is believed to falsely claim their suspected truthfull allegations were false.

In McDowell's study, the women were presented with a lie detector test. According to accounts of the study, and claims made by McDowell himself, almost all of these false allegations were admitted before either on having failed the lie detector test, or merely by being threatened with the test.

My apologies for previous my lack of sourcery (currently igging for that paper I mentioned), but in the mean time, this link is very relevant.
http://www.buzzfeed.com/charlesclymer/5 ... ing-f-fmeu

What kind of lie detector? How does this study account for the women being rpessured to drop the charges to begin with? Are you aware that the triggering values of most lie detectors could in fact jsut as well be linked to anxiety, as, for instance, being dragged through trauma again by a panel of questioners directly undermining their rehabilitation process? You said it yourself, they were threatened with the test. That is exactly the tactics used by criminals to surpress witnesses, only now institutionalised.

[Imperializt Russia]

In McDowell's study, the women were presented with a lie detector test. According to accounts of the study, and claims made by McDowell himself, almost all of these false allegations were admitted before either on having failed the lie detector test, or merely by being threatened with the test.

Polygraphs are unreliable.

The women had to physically admit, according to most accounts.
They were simply told that they had failed the polygraph, and some women then admitted to falsifying their claims.
Other women, when told they would be subjected to a polygraph, immediately confessed to falsifying claims.

According to accounts and McDowell himself.

[The 44th Indp Legion]

Polygraphs are unreliable.

The women had to physically admit, according to most accounts.
They were simply told that they had failed the polygraph, and some women then admitted to falsifying their claims.
Other women, when told they would be subjected to a polygraph, immediately confessed to falsifying claims.

According to accounts and McDowell himself.

I found an online reproduction - though modified- of the pdf source I mentioned, I strongly implore you to read this carefully.

http://www.theguardian.com/society/2013 ... ccusations

to quote from it

"One such misplaced belief is that false allegations of rape and domestic violence are rife."

"There were 5,651 prosecutions for rape and 111,891 for domestic violence in England and Wales. By comparison, over the same timespan, there were only 35 prosecutions for making false allegations of rape, six for false allegations of domestic violence and three that involved false allegations of both rape and domestic violence."

"My guidance to prosecutors highlights the fact that these cases must be informed by wider circumstances, for example, a prosecution would be highly unlikely where a woman may have retracted a true allegation of rape in the context of an abusive relationship.""

"Of 159 suspects linked to allegedly false claims referred to the CPS between January 2011 and May 2012 [...] 38% of those investigations, the initial complaint of rape or domestic violence was made by someone other than the suspect. Among those under 18 it was 50% and often involved a parent."

I know you have a good rational mind. It may be time to re-asses the weight of McDowell's research. In particular, investigate who hired him to perform the research and consider who would benefit from the presented results.

[Sociobiology]

Polygraphs are unreliable.

The women had to physically admit, according to most accounts.
They were simply told that they had failed the polygraph, and some women then admitted to falsifying their claims.
Other women, when told they would be subjected to a polygraph, immediately confessed to falsifying claims.

According to accounts and McDowell himself.

of course if they get a false negative on the polygraph they may confess out of stress, confusion, or perceived judgment, especially with something as emotional as rape. which is why such practices are frowned upon.
before might be reliable but after certainly isn't

[Sociobiology]

Absolutely false aqusation of rape should be a crime. Rape is a horrible act and a serious crime, to falsely blame someone of rape is awful in and of itself and therefore should be regarded as a crime.

agreed, and well said.

[Greed and Death]

Rape allegations are hard to prove, in cases where there is no struggle as it typically becomes a he said she said issue which makes finding beyond a reasonable doubt harder.

However the reverse is also true it is hard to know a girl was not raped, so the same private nature of the offense and the beyond a reasonable doubt standard makes proving a false rape allegation difficult.

[Nanatsu no Tsuki]

False allegations, of any crime, should at the very least be investigated. At most, treated as law breaking.

[Genivaria]

I fail to see why such a specific charge is needed, can't you already be sued for libel?
This OP seems to be a bit sexist-ly charged.

[Napkiraly]

I fail to see why such a specific charge is needed, can't you already be sued for libel?
This OP seems to be a bit sexist-ly charged.

OP isn't looking for a specific false rape accusation offence, rather that they should be charged under all ready pre-existing laws.

At least that's what I gathered from it.

[The 44th Indp Legion]

I found the official guidelnies for (alledged) false accusations mentioned in my previous post. It's painfully evident once you get past the wording that the situation OP suggests and the video itslef is (probably) wildly out of context.

http://www.cps.gov.uk/publications/rese ... h_2013.pdf

FAIR WARNING: the document is a very depressing read and heavy on legal terms.