How long should the sentence be for false rape accusations? (drugs, how much)
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Again... In court it is the burden of the prosecution to prove guilt. If no evidence is found, there still needs to be proof that it was maliciously with intent a story made up.
Your logic is bases this or that... Either someone is going to be guilty of rape or guilty of false accusations. That is not the case here as there would be a separate trial held for the false accuser.
If there is no evidence of rape, there wouldn't be an automatic assumption of guilt for false accusation. It would be a new trial in which the evidence presented wouldn't speak to the rape itself but whether there was intent to ruin the reputation and life of another with false accusations.
In summary, you can have a case in which rape didn't have enough proof AND also not enough evidence to proof false accusation with malicious intent. However the risk should be enough to persuade the majority of false accusers from moving forward with their false claims.
This.
I see such a law acting more as a deterrent than a punishment.
So let’s victimize rape victims yet again by making them afraid that if they come forward they could face some nonsensical prison term if they’re not believed. Let’s make it easier for rapists to get away with it because the victims might end up in prison instead of the rapist. Unbelievable. All this hatred.
Some of the people who post on this site really seem like they’re trying to meet the ‘deplorables’ standard with this nonsense. Thank God you don’t actually get to make laws.
So, you think that people should be freely able to make false accusations without repercussions?
You want to be able to ruin someone's life, cost them their jobs, family, life savings spent on defending the allegations and when it's proven that the charges are without merit, just say...."oh well"?
Just because the jury can't agree on a verdict or conviction, doesn't mean it was a false accusation.
Kobe Bryant raped a woman, but the case was thrown out when the accuser refused to testify. He had to settle a civil suit and apologize (you can trust it was 6 or 7 figures).
Basically she wanted to stop and he kept going, clear definition of rape. So my point is that rape is a complex subject and it's not always black or white distinctions.
Newly released court papers in the rape case against Kobe Bryant suggest that his accuser had sex with a second man not long after her encounter with Mr. Bryant. They also show that prosecutors were concerned that disclosure of that information could undermine their case.
But she got a big payment for making a false rape accusation. That's the problem.
He will inevitably leave DNA somewhere. Even the most knowledgeable criminals almost always do. It may be trace-but that is all it takes these days.
And yet hundreds of thousands of rape kits sit on the shelf unprocessed. Those convicted have been exonerated due to bad DNA evidence.
And what about when he says it was consensual, doesn't matter if there is DNA. What if the victim cant identify her attacker, no one to match DNA to.
How many convictions are a result of DNA evidence obtained for a rape kit?
Quote:
Originally Posted by T-310
Regardless of the intent, that is the result.
The reasons do not justify the actions.
You said filing a false report should be a life sentence because the intent is to destroy a person. How many of the 2% of false or unproven reports end in conviction? Keep in mind only 16% of of the 40% of reported rapes end in conviction and the average jail time spent in 4.5 years. So what is the result of most false reports. They never even get to an arrest. Hardly destroying a person.
So do we do away with intent in other criminal cases? Should the reason or circumstances not come into play or justify the actions? Extenuating circumstance like physical/mental abuse, insanity, duress, torture, kidnapping, mental disorders or age would not be taken into account. Then killing someone in self defense, manslaughter, wrongful death would be the same as pre-meditated murder. A 15 year old girl who lied to her parents because she was afraid she would get in trouble for being out late and her parents file a statutory rape report against her boyfriend, the 15 year old girl should spend the rest of her life in jail. What about rape cases that end in conviction on eyewitness account of a third party. Should the witness go to jail for life, what about the jury and judge, prosecutors?
In August 2018, the National Registry of Exonerations passed a milestone: The number of “years lost” that exonerated defendants spent in prison for crimes they did not commit exceeded 20,000
And those came to 25 (when I did a search for rape false accusation) since 1989. And the woman/children were actually raped/assaulted, yes. The justice system, law enforcement, prosecutors, forensics, expert witnesses, jury, judge failed.
And the average jail time spent for rape is 4.5 years. And we have cases where the rapist spend less than a year.
I'm not voting on this one because it illustrates the difference between on/off thinking and reality (on a scale).......
for example, scenarios......
1. A woman who is provably in another state - and has witnesses, security cam photos (ATM), etc. which prove it - and who sued someone for money after trying to extort them privately.....who seems evidently to be digging gold.....
and
2. A woman who WAS in the time and place and did have sex and all is admitted and found (testing), but she claims that she had said no. Real physical violence was not used and although the woman was "buzzed", she was not passed out....
and
3. #2 where the woman WAS passed out, where others saw her restrained by a stronger male, etc.
OK, so all you brainiacs.....you are going to "vote" on the sentence for each of these?
Let me liken this to other things......
Let's say, as per the Don, you want to be a good American citizen and so you "inform" on 10 different drug dealers in the neighborhood. None of them are convicted or found guilty.
How many years should you get for false accusation? Period.
How many years should you get for turning in "illegals" that turn out to be legal? 10? 5?
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