Rape is
clearly among the most heinous crimes imaginable. But allegations in a rape case need to be
subject to the same scrutiny as any crime, and pretending that false
allegations don’t exist can do far more damage than good. According to an article in “Slate”, 2% of
these claims could be unfounded. The
author, Cathy Young, states that “False rape accusations are a lightning rod
for a variety of reasons. Rape is a repugnant crime—and one for which the
evidence often relies on one person’s word against another’s. Moreover, in the
not-so-distant past, the belief that women routinely make up rape charges often
led to appalling treatment of victims. However, in challenging what author and
law professor Susan Estrich has called “the myth of the lying woman,” feminists
have been creating their own counter-myth: that of the woman who never lies….More
than a quarter-century ago, feminist legal theorist Catharine MacKinnon wrote
that “feminism is built on believing women’s accounts of sexual use and abuse
by men”; today, Jessica Valenti urges us to “believe victims en masse,” because
only then will we recognize the true prevalence of sexual assault. But a de
facto presumption of guilt in alleged sexual offenses is as dangerous as a
presumption of guilt in any crime, and for the same reasons: It upends the
foundations on which our system of justice rests and creates a risk of ruining
innocent lives.”
And the
results of such false allegations can be devastating. The article states that “Two years ago former
California high school football star Brian Banks, who had spent five years in
prison for raping his classmate Wanetta Gibson, was exonerated after Gibson
contacted him to apologize and admitted making up the attack. In 2009, New
Yorker William McCaffrey was released after serving four years of a 20-year
prison sentence for a rape his friend Biurny Peguero had made up to explain her
injuries from a fight with several women. In 2012 a Michigan man, James
Grissom, was freed after nearly 10 years in prison when the woman who accused
him, Sara Ylen, was caught making another false allegation (and faking cancer
to bilk money from insurance companies and sympathetic donors). Even without a
wrongful conviction, the consequences of a false accusation can be
devastating—from a terrifying middle-of-the-night arrest to lengthy pretrial
detention.” The full article is
here: http://www.slate.com/articles/double_x/doublex/2014/09/false_rape_accusations_why_must_be_pretend_they_never_happen.single.html
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