Should False Rape Allegations Be Charged?

[Geilinor]

I would say that false rape allegations should be a crime when there's proof of malicious intent.

[The Serbian Empire]

It can be found false if there is insufficient evidence to prove it as true. Ever heard of "beyond a reasonable doubt"?

Yes, and my argument is that in such a case, no crime has necessarily been committed.

Those situations also are the ones where I can't call it as much false as inconclusive. There's some so blatantly false as to be worthy of prosecution though in my eyes.

[Advelard]

Anyone who falsely accuses anyone of anything should be charged. We don't want anymore Salem Witch Trials.

[The Serbian Empire]

I would say that false rape allegations should be a crime when there's proof of malicious intent.

That is my opinion as well.

[Soldati Senza Confini]

No, an allegation can only be found false if there is enough evidence in court to support the defendant's side that he/she/they never committed the crime in the first place.

It can be found false if there is insufficient evidence to prove it as true. Ever heard of "beyond a reasonable doubt"?

That is not the same as finding an allegation false in court.

For an allegation to be false, which is what is being suggested, there needs to be evidence that it is false; otherwise it is just an unproved allegation, not a false claim.

[Fartsniffage]

Yes they should, and in the UK at least, are.

http://www.dailymail.co.uk/news/article ... years.html
http://www.theguardian.com/uk-news/2014 ... ape-claims

[Shnercropolis]

It can be found false if there is insufficient evidence to prove it as true. Ever heard of "beyond a reasonable doubt"?

That is not the same as finding an allegation false in court.

For an allegation to be false, which is what is being suggested, there needs to be evidence that it is false; otherwise it is just an unproved allegation, not a false claim.

If you can't prove it, it must be false. Otherwise there would be thousands of court cases with no resolution.

[Shnercropolis]

Actually, I think someone falsely accused of rape has a good case for libel.

[Lordieth]

I would say that false rape allegations should be a crime when there's proof of malicious intent.

How do you prove malicious intent when someone's found to be intentionally lying? You'd take it as read that their intent was malicious.

[Advelard]

Actually, I think someone falsely accused of rape has a good case for libel.

Good point, very good point.

[Cenetra]

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?

I would say there needs to be significant evidence of falsehood, as opposed to simple lack of evidence, since by the nature of the crime many true accusations will have no evidence, and be the accuser's word against the defendant's.
Examples of evidence of falsehood would include:
[*]Multiple witnesses corroborating that the original accuser and defendant never even had sex at the time of the alleged crime.
[*]The original accuser confessing that the accusations were false (yes, sometimes you get false confessions under duress. But that doesn't mean confessions should be thrown out completely as evidence).
[*]Video or written evidence of the original accuser blackmailing the original defendant with the threat of a false accusation.
[*]Video or audio evidence demonstrating that the sex act under dispute was consensual (this is a bit iffy, with intoxication and other coercion, but at the very least it should eliminate something like the accuser claiming to be passed out when the video shows no evidence of intoxication).

However, a false accusation does not necessarily mean the accuser went to the police, or claimed to be the victim. For example, anonymously posting "Person X raped a friend of a friend 2 years ago. Share this so we can bring this monster to justice" all over social media sites would probably fall under slander, libel, or defamation laws. So would the case where Columbia University students were posting the names of 'rapists' on bathroom walls. In both of those cases it would be very hard to catch the offender(s), but in a case like the stereotypical vindictive ex spreading rumors around town or campus, it would be easier.

[Geilinor]

I would say that false rape allegations should be a crime when there's proof of malicious intent.

How do you prove malicious intent when someone's found to be intentionally lying? You'd take it as read that their intent was malicious.

Emails to a friend saying, "I will charge my former boyfriend with rape because he cheated on me", for example. That would be strong evidence.

[Pandeeria]

How do you prove malicious intent when someone's found to be intentionally lying? You'd take it as read that their intent was malicious.

Emails to a friend saying, "I will charge my former boyfriend with rape because he cheated on me", for example. That would be strong evidence.

Is plain out lying considered not malicious intent?

If so, then why would someone lie?

[Soldati Senza Confini]

That is not the same as finding an allegation false in court.

For an allegation to be false, which is what is being suggested, there needs to be evidence that it is false; otherwise it is just an unproved allegation, not a false claim.

If you can't prove it, it must be false. Otherwise there would be thousands of court cases with no resolution.

The resolution is "not guilty" however the reasons of someone being acquitted is merely because there wasn't enough evidence to prove the claim was beyond reasonable doubt positive, not because their claim is false in the case we are discussing. See O.J Simpson's trial.

They did not have enough evidence to convict him of murder in a criminal court (which holds murder under a "beyond a reasonable doubt standard), but they did have enough evidence to convict him of wrongful death in a civil court (which holds wrongful death under a "preponderance of the evidence" or a claim that the chances that X happened are more positive than negative). So even if a case doesn't actually yield a conviction under a higher burden of proof doesn't mean the claim is absolutely false.

[Dreadful Sagittarius]

I'm not sure, but in theory in the UK this comes under 'Perverting the course of justice' as a charge. And of course it should be charged if someone, with malice aforethought, took the time to make false and unlawful accusations against another person.

[The Remnants of Kobol]

If the allegation is malicious, absolutely. There is no reason that a man or woman should be able to ruin someone else's life because they know they can throw out one four letter word and that person becomes a social pariah. Such an allegation is a very serious thing and should be treated accordingly. They should be forced to pay damages to the person they attacked and possibly even face jail time.

If the allegation is simply unproven, then the state should issue some sort of report declaring that they were not believed to have committed the crime. No charges. But the state should release something exonerating the accused (after all, innocent til proven guilty).

As for how to tell the difference, most false allegations stay on the internet, among social groups, or are only reported to non-legal authorities (campus security/leaderships,employers, etc). If it is malicious and false, the person is often times afraid of being proven wrong. I've seen reports of accusers reporting it to everyone they can, but then declining to press charges and refusing to submit to a rape kit. Even though the person they accused has now been expelled from the university/fired, reported in the news as a rapist, and will never get a job.

[Lordieth]

Emails to a friend saying, "I will charge my former boyfriend with rape because he cheated on me", for example. That would be strong evidence.

Is plain out lying considered not malicious intent?

If so, then why would someone lie?

Yes, while that is very clear-cut, there's not always going to be evidence of malicious intent. Just evidence that the person is lying. If someone is proven to have lied about being raped, then that should be enough to face charges.

[Massena]

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.

I would agree with this. If she knowingly accused him falsely, let her face long-standing legal and social consequences, the same as he would have. Obviously this should apply to all rape charges knowingly leveled falsely. The accuser was prepared to callously ruin the other's life. Let them face the consequences.

[Farnhamia]

Yes they should, and in the UK at least, are.

http://www.dailymail.co.uk/news/article ... years.html
http://www.theguardian.com/uk-news/2014 ... ape-claims

Those are cases of perverting the course of justice that happen to be about rape allegations. I imagine that many US states have similar laws.

[The Emerald Dragon]

Yes, false rape claims should receive as harsh a sentence as an actual rape sentence.

[-The West Coast-]

Hell yeah. False rape accusations are incredibly damaging to the person's reputation and should people who make false claims should be punished severely.

[Dyakovo]

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.

Only if false allegations of false allegations of rape are also charged.

Also, re the situation you reference in the OP...
How does the lady having punched the person she is accusing of rape and assault disprove her allegations?

[Farnhamia]

Yes, false rape claims should receive as harsh a sentence as an actual rape sentence.

Hell yeah. False rape accusations are incredibly damaging to the person's reputation and should people who make false claims should be punished severely.

Or you could just sue the person in civil court and take all their money.

[Nazi Flower Power]

You would need to prove beyond a reasonable doubt that the charge was false. Just because the woman punched the guy or can't prove it was rape or whatever does not mean you have proof beyond a reasonable doubt that it was a false accusation.

[United Marxist Nations]

Of course, same with false accusations of several crimes.