Yes, false accusations of criminal conduct should be punished if proven beyond a reasonable doubt. And @Soma needs to stop raping this thread.
That covers the need to show malice aforethought. The unproven accusation would be more like, "He did it, but the prosecutor didn't think the evidence was good enough to convict so she dropped the case."
Key phrase being "could". Even if he'd gotten convicted, and there was only a 3-in-1000 chance of that, he'd been out in a year, tops. Me too, but it's be cool if rape survivors (yes, including the men) could get some justice too.
Maybe more victims would speak up sooner if they felt they would be believed and not slut shamed for having a whole beer around someone of the opposite sex or "being stupid" for going home with a trusted friend. I have seen a FB friend of mine twist himself in knots explaining how he could've prevented his own rape if only he hadn't gotten blackout drunk. The irony? He'd posted one of those slut shaming men's rights whine memes that boohooed about "Why are only men rapists?" At which point he was called on it. Me, I tell him that no amount of booze he drank entitled her to ride his dick while he was unconscious after he'd already turned her down.
The average sentence, nationwide, is 9.8 years with 5.4 years actually served. Paltry, perhaps, but certainly more than one year.
Without going down the rabbit hole of whatever pretzel logic Soma is trying to engage in ... yes, false accusation should be punished. But as others have said, it is entirely possible for BOTH cases to result in not-guilty verdicts. In this case, it was proven beyond a reasonable doubt that she filed a false report. In many other cases, that would not be provable.
yep, especially with today's internet & social media & other ways to research people. You might be losing potential employment opportunities because your name comes up on databases that send out red flags to employers. They could screen you out based on key words with no way to defend or explain yourself. We all know people who have gotten pulled over & arrested on bench warrants that were (supposedly) cleared up years ago. In Georgia alone there are three official databases you are in the second you are arrested & booked. Guess what, none of the agencies communicate so you'll never know if things are kosher with all three or not. Good luck with that when you are behind bars with no way to gather the documents to prove your innocence.
Hell yes! False Rape Accusers should have the book thrown at them! They can easily ruin a man's life, often for no other reason than "morning-after regrets".
Well, what was the cab driver wearing? And why did he pick up a drunk gal holding a kabob of all things!
This is correct, with regard to the story linked to in the OP. The evidence in that case conculsively showed the woman was lying. Most of the time things are not so clear. In a typical "she says he raped her, he says it was consensual" case, there is not enough evidence to convict either party.
For convicting him of rape, yes, he is innocent until proven guilty. That said, for her to get convicted and sent to jail on the charge of filing a false police report she also is innocent until proven guilty thus the need for evidence of malicious intent.
Believe it or not historically this morning after regret was often used against black men who had slept with a white woman. At the time she was totally willing and agreeable but the next day she'd find herself the subject of neighborhood gossip and possible lose of social status so she'd regret it and claim rape as a way of trying to avoid that. Which completely ignores the fact that doing so ruins the life of an innocent man.
I share a bit of the distaste, but apparently not for the same reason others do. I agree that this does not happen nearly enough, but not just because of lack of evidence, but because many prosecutors don't want to actually prosecute even when there is evidence. Kind of like police misconduct, when you think about it. With all the autistic screeching that goes one when someone who is accused of rape is found not guilty, how many prosecutors would want to risk pressing charges on the person still being touted as a victim. Or, worse yet, what if they knew about all that obvious evidence beforehand, and pressed charges against the alleged rapist anyway - would look pretty bad on them, wouldn't it? Of course the flip side of this seems to be a lack of understanding that just because an accused rapist is found not guilty doesn't automatically mean the accuser is guilty of anything. "Innocent until proven guilty" works both ways, and has to. I just think there should be more action in the obvious cases. Like say with mattress girl, just as an example. And while we're at it, maybe we can do something about some of the double-standards involving the accusation of rape.
That brings up a notion I hadn't considered before: can you file a civil suit against someone for false accusation of a crime? It'd surely be easier to win than a criminal trial as you only need a preponderance of evidence rather than proof beyond a reasonable doubt.