Sunday, September 21, 2014

Disturbing Study Reveals Frequency Of False Rape Allegations, And The Need To Address Them

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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