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The punishment for a false rape charge
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Olivencia



Joined: 08 Mar 2009

PostPosted: Fri Jan 29, 2010 12:31 am    Post subject: The punishment for a false rape charge Reply with quote

Do the exact same amount of time in the pokey if the person/people whom you accused would have received if found guilty.
False accusations would plummet.
http://www.thesmokinggun.com/archive/years/2010/0128101cigs1.html
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Big_Bird



Joined: 31 Jan 2003
Location: Sometimes here sometimes there...

PostPosted: Fri Jan 29, 2010 12:39 am    Post subject: Re: The punishment for a false rape charge Reply with quote

Olivencia wrote:
Do the exact same amount of time in the pokey if the person/people whom you accused would have received if found guilty.
False accusations would plummet.
http://www.thesmokinggun.com/archive/years/2010/0128101cigs1.html


So would bonafide accusations.

How could a bonafide accuser be confident that he/she would not suddenly find themselves the criminal if not enough evidence could be produced to support their accusation?

This has become a problem for parents in jurisdictions where parents are relieved of custody of their children if they accuse the other parent of abusing their child and not enough evidence can be produced. So we now have a situation where some parents live with the terrible knowledge that their kid is being abused by the other parent, but dare not (or are legally advised not to) raise the alarm. It is extremely difficult to prove sexual abuse in a court of law, even when it is in fact true. If you make the accusation, and it can not be proved, even if you made the accusation in good faith, you might find yourself having to hand over your child to the abuser.

Be careful what you wish for.
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Fox



Joined: 04 Mar 2009

PostPosted: Fri Jan 29, 2010 12:42 am    Post subject: Reply with quote

I think false accusation of rape should be a crime, but it should have to be proven in a trial of its own, and proven beyond a reasonable doubt. It should not simply be a matter of, "He was proven innocent, so you are guilty." I can think of many situations where sufficient evidence to prove beyond a reasonable doubt that rape occured is absent (leading to an acquittal for the alleged rapist), while simultaneously, sufficient evidence to prove beyond a reasonable doubt that the alleged victim was lying is also absent.
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Big_Bird



Joined: 31 Jan 2003
Location: Sometimes here sometimes there...

PostPosted: Fri Jan 29, 2010 1:11 am    Post subject: Reply with quote

Aren't there laws such as 'wasting police time' that cover what these two women did? Anyway, it seems very improbable that any conviction would have taken place even if these two idiots had not retracted their accusation. And I rather wonder if it was more than "they didn't like the sex."
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Reggie



Joined: 21 Sep 2009

PostPosted: Fri Jan 29, 2010 3:00 am    Post subject: Reply with quote

Often, an accusation is the only thing needed to convict someone. Sometimes, juries don't care about actual proof.

That man is lucky he didn't end up like this guy. http://www.cnn.com/2009/CRIME/02/06/texas.exoneration/ Or even worse, he could've ended up like those who never get cleared. Perhaps the worst part of all is that a lot of these innocent men probably get raped while in prison.

This type of BS is why former Florida State University placekicker, Scott Bentley, needed to tape record when he slept with women. His dad even told him to do it.
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Trevor



Joined: 16 Nov 2005

PostPosted: Fri Jan 29, 2010 3:24 am    Post subject: Reply with quote

http://www.thesmokinggun.com/archive/years/2010/0128101cigs1.html
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Olivencia



Joined: 08 Mar 2009

PostPosted: Fri Jan 29, 2010 3:32 am    Post subject: Reply with quote

The Men's Duke LaCrosse Team.
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Reggie



Joined: 21 Sep 2009

PostPosted: Fri Jan 29, 2010 3:45 am    Post subject: Reply with quote

Trevor wrote:
http://www.thesmokinggun.com/archive/years/2010/0128101cigs1.html


You tricked me into clicking on it and seeing those two hideous monsters again. Laughing
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bacasper



Joined: 26 Mar 2007

PostPosted: Fri Jan 29, 2010 3:48 am    Post subject: Reply with quote

There ought to be some penalty if an accusation can be proven to be false.

Rape accusations are absolutely devastating to a man. One does not exactly throw a party to proclaim, "Hey, I've been acquitted of rape! The
mere accusation may cause one to lose one's job, family, home, and more.

The accusation is so easy to make and near impossible to completely take back once made. Even if one is acquitted at trial, there are always those who will say, "He beat the rap," or "He got off on a technicality." This cloud of suspicion will haunt him for the rest of his life.

Big Bird wrote:
So would bonafide accusations.

How could a bonafide accuser be confident that he/she would not suddenly find themselves the criminal if not enough evidence could be produced to support their accusation?


In the case of children, one can make an anonymous, toll-free telephone call to which Social Services must respond within 24 hours. If the accusation is against a household member, the children can be taken away for the length of the investigation or for good.

If convicted, the accused loses custody of his children and goes to prison for a long time. Even if he finishes his sentence, he can then be "civilly committed," i.e. remain in a secure "hospital" which is often also run by the Dept. of Corrections. He can then only get out if one or more psychiatrists determine that he is no longer dangerous. The problem is that almost no psychiatrist will be willing to go out on a limb and say the person will not reoffend. If they are lucky, they may get cleared after several years or decades.

Even if one does get out, he must then go on a sex offender registry, possibly for life. He is also subject to ever-popular residency restrictions, making entire communities or even cities off-limits to them and leading to the situation like that in Florida where a judge has actually approved a bunch of released sex offenders living under a bridge.

Quote:
This has become a problem for parents in jurisdictions where parents are relieved of custody of their children if they accuse the other parent of abusing their child and not enough evidence can be produced.

This is a reaction to the fact that women had learned that the easiest and quickest way to make sure they got custody was to accuse the husband of sex abuse. It was a long overdue attempt at correcting a problem.

Fox wrote:
I think false accusation of rape should be a crime, but it should have to be proven in a trial of its own, and proven beyond a reasonable doubt.

Good idea.

Reggie wrote:
Often, an accusation is the only thing needed to convict someone. Sometimes, juries don't care about actual proof.

This is sadly all too true and common. And in the case of capital crimes, we know that more guys have been exonerated from death row in Illinois than have been executed. Their "beyond a reasonable doubt" cannot even reach 50%!
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bacasper



Joined: 26 Mar 2007

PostPosted: Fri Jan 29, 2010 3:49 am    Post subject: Reply with quote

Reggie wrote:
Trevor wrote:
http://www.thesmokinggun.com/archive/years/2010/0128101cigs1.html


You tricked me into clicking on it and seeing those two hideous monsters again. Laughing

Did he actually have to pay a full pack each?
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Trevor



Joined: 16 Nov 2005

PostPosted: Fri Jan 29, 2010 5:18 am    Post subject: Reply with quote

Here is the real issue. For the most part a woman can say you did anything she wants to say you did and there is damned little our legal system is prepared to do about it.Men, especially younger men, don't really realize how much control over issues regarding sexuality are now controlled by women. (Hey, the CEO is usually male, but whose running the day to day operations in HR? 95% women).

My theory is this: rape is such a horrible, horrible crime that women badly want an equivalent power to do something equally as ugly. That power is what we see here -- to falsely accuse a man of a sex crime with near total impunity. Now, that's power. Unprecedented social power. Men may have the hideous power of rape, but women have been now given the hideous artificial power of false accusations -- scott free of any possible punishment. It is my belief that many women take a deep psychological comfort in the knowledge that they can easily ruin a person if they choose.

This is not to say that most women would actually use that power (and even our bewitching cigarettte vixens owned up) but try suggesting to a women that we should take away that power of impunity and most will go bananas. Now that they have that power over men, they will be damned if they let go of it, easily. (Would you?) I think it is just beginning to dawn on people what significance it has to our society. Women have been denying, denying, denying that it is anything more than a trifling issue, and obviously it needs to be addressed.

The other thing people don't realize is that there is a continuum to the use of this new power that women have. For instance in business. Large international companies know that it only takes one secretary to win one court case and the damage can cost them in the tens of millions. The business environment practically encourages women to make false claims, because the potential payoff is huge and the possible downside is nearly zero.


Last edited by Trevor on Fri Jan 29, 2010 5:26 am; edited 1 time in total
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Fox



Joined: 04 Mar 2009

PostPosted: Fri Jan 29, 2010 5:26 am    Post subject: Reply with quote

I remember an old Grecian Senate rule wherein you could bring any case you liked before the Senate, but if you were ruled against and you didn't get at least a certain small percentage of the votes, you were fined for wasting Senate time. I wonder if there isn't some just way to enact a similar law to stop lottery mentality lawsuits and other false accusations without at the same time scaring people with genuine concerns from coming forward.
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Big_Bird



Joined: 31 Jan 2003
Location: Sometimes here sometimes there...

PostPosted: Fri Jan 29, 2010 5:52 am    Post subject: Reply with quote

Trevor wrote:
My theory is this: rape is such a horrible, horrible crime that women badly want an equivalent power to do something equally as ugly. That power is what we see here -- to falsely accuse a man of a sex crime with near total impunity. Now, that's power. Unprecedented social power. Men may have the hideous power of rape, but women have been now given the hideous artificial power of false accusations -- scott free of any possible punishment. It is my belief that many women take a deep psychological comfort in the knowledge that they can easily ruin a person if they choose.



What an idiotic theory. I would wager that most women who falsely cry rape are in some way criminal, crazy, of subnormal intelligence, desperate or down right sociopathic. Yet you imagine it to be some crazy consipiracy by all of womanhood to get even for the crime of rape.
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Trevor



Joined: 16 Nov 2005

PostPosted: Fri Jan 29, 2010 6:27 am    Post subject: Reply with quote

Not a conspiracy, per se. That was not my meaning and there is nothing in my post to suggest it was.

Nevertheless, I do hold quite firmly that women collectively place great value in the ability to make an accusation against someone without fear of reprisal. Sometimes this power is used judiciously. All to often, it is not. The problem is getting worse, not better. Even the threat of an accusation is enough to significantly alther the behavior of men in many social settings and women often use this power for purposes other than what it was intended for -- all too often in a manipulative and selfish manner.

Now, in terms of a vast feminist conspiracy to falsely accuse men, no that is not the case. Women do misuse it, though. They misuse it for selfish purposes, and its misuse is having an increasinlgy negative effect on our society's well-being. I think many people are just now coming to the realization of how negative an impact not only false accusations have, but even the threat of false accusations have.

Here is a little food for thought for you, Big Bird, which I think you will find sensible if you reflect a minute: women are the last people to know anything about the awful stuff that other women do to men. I think I can safely assume that you would never make a false rape accusation, but if a woman that you were acquainted with did, would she tell you? Of course not! Conversely, individual men are also not very good repositiories of knowledge for the evil crap that other men do. Take me for example. I have my own (fairly small) bag of devious tricks that I inflict on women (while twisting my handlebar mustache) but I actually know practically nothing about the awful stuff that other men do because they don't tell me! You probably know tons more than I do about the horrible stuff men do. I probably know tons more about the horrible stuff women do than you. And for your information, women often do really, really horrible stuff. With impunity. They are not necessarily "criminal, crazy, of subnormal intelligence, desperate or down right sociopathic" any more than a rapist is. Just selfish, or bitter, or vindictive, or attention seeking, or some combination of all those things. (Oh, yeah, and then there are the crazies). I think it is really important that you consider the possibility that you are not fully aware of the actual extent of this problem.




Quote:
What an idiotic theory. I would wager that most women who falsely cry rape are in some way criminal, crazy, of subnormal intelligence, desperate or down right sociopathic. Yet you imagine it to be some crazy consipiracy by all of womanhood to get even for the crime of rape.
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Hater Depot



Joined: 29 Mar 2005

PostPosted: Fri Jan 29, 2010 7:18 am    Post subject: Reply with quote

Lodging a false accusation of a crime is already illegal. There doesn't need to be any strengthened punishment for false rape accusations because rates of false rape accusations are no higher than false report rates for other crimes.
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