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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.
Our Justice system is bought and sold....and often wrong.
But even if it was the best in the world (in writing it is, in practice not so much) there would be problems. Humans are involved.
I have a in-law who murdered her 2nd Husband. Shot him point blank in the belly with a handgun. Drugs, booze...and she had other charges pending for all kinds of "blow" stuff, like smuggling. Right out of a movie.
She got 3 years and was in a 1/2 way house holding down a job in 18 months. By the time she left the 1/2 way house she was in a high position in the (job) org.
That's the way of the world. Circumstances? In NJ they called this a "crime of passion". I think the 3 years was min. because it had a gun. She was found guilty. With the other charges and some known facts it was obvious she was not an angel. But she was extremely smart and attractive....like as smart as any man or woman I've even met and as pretty as most models. Hard working too.
Anyway, that's the story. So the rape time is pretty serious 4.5 - but it always depends on the rape. Violence is a matter of degree, even under the law.
Our Justice system is bought and sold....and often wrong.
But even if it was the best in the world (in writing it is, in practice not so much) there would be problems. Humans are involved.
I have a in-law who murdered her 2nd Husband. Shot him point blank in the belly with a handgun. Drugs, booze...and she had other charges pending for all kinds of "blow" stuff, like smuggling. Right out of a movie.
She got 3 years and was in a 1/2 way house holding down a job in 18 months. By the time she left the 1/2 way house she was in a high position in the (job) org.
That's the way of the world. Circumstances? In NJ they called this a "crime of passion". I think the 3 years was min. because it had a gun. She was found guilty. With the other charges and some known facts it was obvious she was not an angel. But she was extremely smart and attractive....like as smart as any man or woman I've even met and as pretty as most models. Hard working too.
Anyway, that's the story. So the rape time is pretty serious 4.5 - but it always depends on the rape. Violence is a matter of degree, even under the law.
Exactly, yet some posters want to blame it all on false accusations. These exoneration brought up by a poster were due to wrongful convictions based on faulty testimony, faulty eye witness testimony, faulty evidence, bad police work and not doing their due diligence by the system in general, not because a rape wasn't committed or the victim purposely lied about it to destroy someones life.
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?
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?
This has been a huge problem in Memphis. I still don't think they have resolved it.
In the first link no one was named or arrested.
Second, dragged names through the mud. They spent what ~4 days in jail before they were released, there was no trial, how did she drag their names through the mud.
The penalty for filing a false report is maximum 7 years depending on the circumstances. Without hearing all the evidence it would be hard to judge how much time she should get. The men spent less than a week in jail from what I can gather so according to some, a week.
I dont understand why the paper printed the accused names but all articles say an unidentified woman.
In the first link no one was named or arrested.
Second, dragged names through the mud. They spent what ~4 days in jail before they were released, there was no trial, how did she drag their names through the mud.
The penalty for filing a false report is maximum 7 years depending on the circumstances. Without hearing all the evidence it would be hard to judge how much time she should get. The men spent less than a week in jail from what I can gather so according to some, a week.
I dont understand why the paper printed the accused names but all articles say an unidentified woman.
Disgusting response.
First of all, they were released on their own recognizance, it didn't mean that they were free to go wherever they wanted, etc.
Second, it's not how much time they spent in jail, it's the fact that their names were dragged through the mud with her lies. People's lives have been ruined by this, and you think it's no big deal because "they spent what ~4 days in jail".
This is the entire fricken point. Just the accusation alone can destroy someone's life. And you think it's no big deal because, meh, they spent 4 days in jail.
So in the second article, she had intoxicated sex with 4 men she did not know, who videotaped the incident.
That comes very, very close to cases that are prosecuted and the men sent to prison.
In cases of false rape, it becomes so difficult to determine what is the truth.
If you can prove the guy was on the other side of town when she said it occurred, that's one thing and that's crystal clear.
A woman having unpaid sex while drunk with four men she doesn't know and they videotape it is in a truly grey area.
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