What are your thoughts on this? Should women who falsely accuse men of rape be jailed? https://www.yahoo.com/news/criminol...e-taxi-driver-jailed-16-months-145504913.html
Yes. They absolutely should be jailed. She hurt this guy, almost ruined his life, AND she also hurts those women who were truly raped.
I'm pretty sure falsely accusing someone of any crime is itself a crime. Filing false reports or something like that. Rape shouldn't be any different. That said, there's a world of difference between filing a false report and filing a true report where the cops fail to charge the suspect or get a conviction. Too many of the "charge women for false rape accusations" types seem to want women punished for the former, not just the latter.
Yes, take women, men, and rape out of the equation, and it's clear that falsely accusing somebody of a crime should carry criminal penalties. However, there would have to be conclusive proof the accusation was false, and that it was made deliberately and maliciously.
No, the opposite. You are charging someone with a crime, namely making a false accusation. Conviction requires proof beyond a reasonable doubt.
There should never have to be conclusive proof the accusation was false. It should simply be assumed. Then work on proving it was true.
You seem confused. We are talking about two separate accusations. Person A accuses Person B of a crime. The accusation must be proven beyond a reasonable doubt for Person B to be convicted. Person A is accused of making false charges against Person B. This accusation must also be proven beyond a reasonable doubt for Person A to be convicted.
And you are missing something. In the second scenario, Person B is presumed guilty because of who Person A is. This is the whole crux of the matter. And it is not something that can be ignored.
Seriously, what? These are entirely separate cases. You seem to be implying that whenever a person is acquitted of a crime, the accuser should automatically be punished. That's not how any modern legal system works, though it is reminiscent of certain tribal customs involving trial by combat.
What I am saying -- what a lot of people have been saying -- is that there exists specific sets of situations in which the integrity of our modern legal system is left to rot. It should never be the case that the accused is presumed guilty. It shouldn't happen before the trial. It shouldn't persist afterwards in the case of a not-guilty verdict.
Agreed. But in this scenario, they have often been exalted to the position of judge, jury and executioner. Now that power is being removed from their arsenal. More importantly, the integrity of our legal system can be restored.
I am pretty sure making provably false accusations was always a crime, so this is not a surprise. The problem is proving someone made knowingly false rape accusations is often as hard as proving a person did not consent. Both areas often have no witnesses or proof and reasonable doubt. In this case it looks like the person made it easy. I am pretty sure no one thinks rape accusations should never be questioned despite the narrative of the right.
Yes, I was falsely accused of breaking and entering into a guys house and stealing his tv. It was up to him to prove I had done that. He couldn't and the judge threw the case out. False accusers should absolutely go to jail for it.
Not without being tried and convicted. Once they go to trial, they become the defendant, and the burden is on the prosecution to prove them guilty. It sounds like you want the accusers locked up as soon as a "not guilty" verdict comes in.
Yes, per Spartan tradition and custom. It only made 14th stronger. I do get your argument, with that said. There is a perception that rape accusers are automatically correct and the accused must be drawn and quartered by court of public opinion. That is problematic, as it undermines due process.
Apparently @Anna thinks @Tererun will be punished for making false accusations, I sure hope you're right @Anna.
Nevertheless, it ought not be that hard to prove. I mean, the facts of the case would be in judicial notice. 1. Did you accuse Person X of Crime Y? 2. Did Person X actually commit Crime Y *or* did you have a good reason to believe that Person X committed Crime Y?
16 months is kind of light compared to what her victim could have received. I'm glad to see that people are starting to get prosecuted for this, though, false reports not only harm real victims of sexual assault, the repercussions to the falsely accused don't just evaporate when when they are exonerated.
The problem I see is that it's very easy in some cases for the accused to be 100% guilty but still be acquitted for lack of evidence. Let's say someone assaults you and there are no witnesses, and then a year later you decide to go to the police. All the DNA evidence is long gone, and the accused denies it. What are the odds of getting a conviction there? Should you be charged for reporting an assault that actually happened, just because you can't prove it conclusively?