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If it is proven that someone intentionally filed a false criminal complaint do you feel the punishment should equal the punishment someone would have had to serve for the crime that was claimed? If a false claim of rape, then the punishment would equal that of someone convicted of rape. If a false hate crime vandalism then the punishment would equal the crimes faked.
If it is proven that someone intentionally filed a false criminal complaint do you feel the punishment should equal the punishment someone would have had to serve for the crime that was claimed? If a false claim of rape, then the punishment would equal that of someone convicted of rape. If a false hate crime vandalism then the punishment would equal the crimes faked.
How are you going to determine that as sentencing varies from case to case depending on several variables.
I. Of the false claims of crimes I have read or heard about*, it seems that false claims of rape or sexual assault are the most common.
II. A page called "18 U.S. Code § 1001. Statements or entries generally" (law.cornell.edu/uscode/text/18/1001#) has the following text regarding the above:
"(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—
(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation; or
(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;
shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.
(b) Subsection (a) does not apply to a party to a judicial proceeding, or that party’s counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding.
(c) With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to—
(1) administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or
(2) any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate.
(June 25, 1948, ch. 645, 62 Stat. 749; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–292, § 2, Oct. 11, 1996, 110 Stat. 3459; Pub. L. 108–458, title VI, § 6703(a), Dec. 17, 2004, 118 Stat. 3766; Pub. L. 109–248, title I, § 141(c), July 27, 2006, 120 Stat. 603.)"
III. I do know that there are variables in false claims. While the following paragraphs are more about any part of any entertainment industry in any country concerning the figurative and sometimes literal "casting couch", the same points also applies to any any industry. For the purposes of this, I will use the term "hiring couch":
A. At any time or place, the talent could be drunk, high, in an emotional state like having PTSD or where they are desperate for attention, have some disability, etc. Their conditions could be diagnosed and/or undiagnosed. They might be or might not be seeing a doctor. In terms of the likelihood of abuses, this could happen before, during, or after the talent's time in the entertainment industry. Each example could include a history of such of abuse outside or inside of the entertainment industry.
B. Obviously, different gigs means that the same young talent may fall under different examples. For example, one gig might have a young talent fall under Example C but another gig might have the same talent fall under Example G. Likewise, one gig might have a young talent fall under Example A but years later they fall under Example G (maybe they took meds and got therapy).
C. In terms of the #MeToo being pulled, there are cross-overs of being of a legit victim and falsely pulling the victim card, depending on the gig. For example, an adult that falls under both Example D and Example H is a victim of the former situation but a liar in the latter case. This obviously assumes that no form of abuse was done during the latter case.
D. The following are couch situations that I could think of. Those with "N/A" are situations that lack any condition listed in Paragraph A or that could, should, or wall fall under Paragraph A. Those with "Yes" have at least 1 of the conditions that are listed in Paragraph A or that could, should, or wall fall under Paragraph A.
-Industry Figure A tells Talent A, who is not 18, something like "If you don't sleep with me, I won't help you get a job". Yes
-Industry Figure B tells Talent B, who is not 18, something like "If you don't sleep with me, I won't help you get a job". N/A
-Industry Figure C tells Talent C, who is at least 18, something like "If you don't sleep with me, I won't help you get a job". Yes
-Industry Figure D tells Talent D, who is at least 18, something like "If you don't sleep with me, I won't help you get a job". N/A.
-Talent E, who is not 18, asks Industry Figure E something like "I need a job. Who do I sleep with here?" Yes
-Talent F, who is not 18, asks Industry Figure F something like "I need a job. Who do I sleep with here?" N/A
-Talent G, who is at least 18, asks Industry Figure G something like "I need a job. Who do I sleep with here?" Yes
-Talent H, who is at least 18, asks Industry Figure H something like "I need a job. Who do I sleep with here?" N/A.
E. One sex crime victim is one victim too many. One sexual predator is one predator too many. One sexual predator is that doesn't getting arrested then charged and convicted is one sexual predator too many. To me, there is an situation that is more egregious than the first two sentences in this paragraph. That is when 1 is false accused of a sex crime. The fact there is a chance of the falsely of going to prison and getting prison raped adds on to such an atrocity. Even though it is estimated that only 2-10% of rape claims are false, one false claimant that is not arrested, charged, and convicted is 1 false claimant too many.
Note: for the sake of argument concerning this section, if a victim mistakes Person A for being the offender when it was actually Person B, I call that a wrongful accusation. Falsely accused is the the accuser knew the accused did not do the crime but still pulled the victim card.
F. I find that the most extreme case of false rape claims come a person that corresponds to Talent H WHEN ALL of the following points are met: each sexual experience was consensual and all credible evidence or proof confirms each experience was consensual. This includes firsthand accounts, police reports, and other evidence (video, photographic, DNA, physical, etc). Also, the same types of evidence or proof points out that Talent H was never abused at any point in their life. Thus, whether it was the end of an investigation that did not go to trial or a trial that resulted in a "not guilty" verdict or a trial with a "guilty" verdict but the suspect was later exonerated, each #MeToo claim by Talent H was a willful and malicious lie. It was a more of a case of Talent H being "evil".
For those wondering, from the first word of this wall of text to the last period in this sentence, the word count is 1261 words.
False reporting is a crime everywhere. How it should be handled depends on the circumstances. In this situation there is no victim, no one went to jail or was even questioned who was not involved, so it does not seem at all appropriate to punish it the same as a person who attacks and injures another in an act of racial hatred. Stupid question really.
If it is proven that someone intentionally filed a false criminal complaint do you feel the punishment should equal the punishment someone would have had to serve for the crime that was claimed? If a false claim of rape, then the punishment would equal that of someone convicted of rape. If a false hate crime vandalism then the punishment would equal the crimes faked.
I agree 100%. Plus monetary damages and fines. Wipe the person out financially.
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