The Student Room Group

Should False Accusation Of Rape Carry a Sentence?

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Original post by Dandaman1
Unless some sort of case can be made against them, it's highly unlikely they'll find themselves in any trouble. Failing to prove a rape happened can't be and has never been, to my knowledge, used as evidence of lying. Accusers very rarely face any consequences, lying or otherwise.And let's not also forget the accuser is entitled to anonymity. Even if she (or he) fails to prove anything, no-one, other than the court and the police, knows who they are. There's little to no effect on their reputation. For the accused, however, their name is out there from the beginning.


Good point. I guess one 'solution' could be to refrain from publishing the accused person's name too until/if they are convicted.
Original post by lucabrasi98
Oh piss off. I genuinely hope someone falses accuses you, your life gets ruined then they turn around 30 years later and say whopps I was lying.I can't fathom how ANYONE could think like you do. Jesus christ.You people need to realize that being proven to be a false accuser and having a case dropped due to lack of evidence isn't the same thing. If the person is proved to be straight lying in the court of law then they can go straight to jail with very harsh sentences.


If you plan on responding then just note I will stop reading immediately if I encounter sentences like "oh piss off."

Someone could falsely accuse me and I will still retain my opinion.

I can have my own views babe. Only 2% of rape allegations are actually false. Why should 98% of the people brave enough to take their case to the police have the fear they may be convicted for the sake of the 2%?

It's already hard enough for these victims. Too many of them already suffer in silence instead of going to the authorities. We don't need more being silenced leading to more dirty rapists walking freely among us.

Even if we make it so that it's difficult to convict people who accuse someone of rape, that gateway if open and it will be used to torment the actual victims. They'll be forced to go to trial where the jury will decide if they were lying or telling the truth about what is likely to be the worst moment of their life.
Reply 62
It should carry a severe punishment. As severe, if not more than rape. Think about how many times more a man will get raped in prison. So a woman falsely accusing a man of rape is actually causing him to be raped more than once. And they lose their freedom for how ever many years and their lives are ruined when they get out and they're mentally scarred when they get out. All for something they never did.
I don't know what's worse. Someone getting away with a crime they committed or someone going to prison for a crime they didn't.
EDIT.
After thinking about it, just as severe a punishment would suffice.
It depends. What would most people rather. To be raped, or to be banged up how ever many years for something you didn't do? Bearing in mind the second one may still happens in the second scenario.
(edited 7 years ago)


What is that foul creature in the picture ?Looks like something you encounter on World of Warcraft quests.
Pretty sure there already is a penalty for this and yes, I think there should be. However, I don't think it should be a charge comparable to that of a rapist's charge.
Original post by p3ssimist
If you plan on responding then just note I will stop reading immediately if I encounter sentences like "oh piss off."

Someone could falsely accuse me and I will still retain my opinion.

I can have my own views babe. Only 2% of rape allegations are actually false. Why should 98% of the people brave enough to take their case to the police have the fear they may be convicted for the sake of the 2%?

It's already hard enough for these victims. Too many of them already suffer in silence instead of going to the authorities. We don't need more being silenced leading to more dirty rapists walking freely among us.

Even if we make it so that it's difficult to convict people who accuse someone of rape, that gateway if open and it will be used to torment the actual victims. They'll be forced to go to trial where the jury will decide if they were lying or telling the truth about what is likely to be the worst moment of their life.


Considering you place a lot of emphasis on the fact it's 2%, you should acknowledge that only 2% would be charged under said laws - as such, how is that wider effect you speak of, going to happen?
Original post by TSRFT8
Discuss


The obvious answer is yes however enforcement of such a law could only be done when there is irrefutable evidence that the accusation is false and not just that the supposed perpetrator couldn't be convicted


Posted from TSR Mobile
Original post by p3ssimist
If you plan on responding then just note I will stop reading immediately if I encounter sentences like "oh piss off."

Someone could falsely accuse me and I will still retain my opinion.

I can have my own views babe. Only 2% of rape allegations are actually false. Why should 98% of the people brave enough to take their case to the police have the fear they may be convicted for the sake of the 2%?

It's already hard enough for these victims. Too many of them already suffer in silence instead of going to the authorities. We don't need more being silenced leading to more dirty rapists walking freely among us.

Even if we make it so that it's difficult to convict people who accuse someone of rape, that gateway if open and it will be used to torment the actual victims. They'll be forced to go to trial where the jury will decide if they were lying or telling the truth about what is likely to be the worst moment of their life.




I don't care how low the % is, intentionally ruining someones life by lying shouldn't go unpunished. This isn't even a feminist vs non feminist issue. The only people that disagree are genuine idiots (like yourself it seems). Those actual victims have nothing to fear about if they aren't lying. If there isn't enough evidence for their case, it'll be dropped. Same as always. Only change is liars will be prosecuted. It's easy for someone to say they'd still retain their opinion when sitting behind a computer screen trolling on the internet. Suddenly stances change when it's them or someone close to them being falsely accused. So I'm going to call bs on that. If police came to your door tomorrow and arrested you on charges for someone you've never even met, I know damn well that you'd want the person pressing charges to be punished.
Original post by shawtyb
BUT what if it was an historic case of rape that actually happened however due to a lack of evidence, it got turned down as a case in court and then potentially called a false rape accusation as there was not enoguh evidence to support the claim (regardless of it actually happening)


It wouldn't be a situation where either it's rape or it's a false accusation ~ there would have to be proof that it's a lie in order for the accuser to be punished :yep:
Original post by Kadak
What is that foul creature in the picture ?Looks like something you encounter on World of Warcraft quests.


i would not touch her with a bargepole, let alone anything else :afraid:
Original post by lucabrasi98
I don't care how low the % is, intentionally ruining someones life by lying shouldn't go unpunished. This isn't even a feminist vs non feminist issue. The only people that disagree are genuine idiots (like yourself it seems). Those actual victims have nothing to fear about if they aren't lying. If there isn't enough evidence for their case, it'll be dropped. Same as always. Only change is liars will be prosecuted. It's easy for someone to say they'd still retain their opinion when sitting behind a computer screen trolling on the internet. Suddenly stances change when it's them or someone close to them being falsely accused. So I'm going to call bs on that. If police came to your door tomorrow and arrested you on charges for someone you've never even met, I know damn well that you'd want the person pressing charges to be punished.


THIS.

Accusing someone is imo the worst thing ever, it doesn't just piss me off but it makes me despise that person. Some girls think it's funny to ruin guys lives because they "raped them". This is disgusting and deliberately trying to damage a persons life. Even if they are found to be not guilty the public will never look at them the same.

For instance when OJ was found not guilty he was still treated as if he was guilty...

If a girl or even a guy swears under oath that they were raped and they find out to be lying, then they should be punished with atleast 2y+
How can it be proven though? The vast majority of rape cases don't end in prosecution because of a lack of evidence. That does not mean that the rape definitely didn't happen, it just means that there was a lack of DNA or other evidence which the victim was able to get hold of.

How would you know if a victim was actually a victim without enough evidence, as is often the case, and how do you know if they are maliciously fabricating lies about rape?

The prosecution rate for rape is horrendously low, 96% of rapists will not see a day in jail. Let's not make it any harder for victims to speak out. There are already laws against false rape accusers, and these are sufficient.
Only if it can be proven that the accuser was lying. Like if it's absolutely evident that they made up the rape. Pretty sure this is already illegal, but the punishment should be much worse imo.
They shouldn't be prosecuted simply because there isn't enough evidence to convict.
Original post by simbasdragon
How can it be proven though? The vast majority of rape cases don't end in prosecution because of a lack of evidence. That does not mean that the rape definitely didn't happen, it just means that there was a lack of DNA or other evidence which the victim was able to get hold of.

How would you know if a victim was actually a victim without enough evidence, as is often the case, and how do you know if they are maliciously fabricating lies about rape?

The prosecution rate for rape is horrendously low, 96% of rapists will not see a day in jail. Let's not make it any harder for victims to speak out. There are already laws against false rape accusers, and these are sufficient.


this!! +1
Original post by lucabrasi98
I don't care how low the % is, intentionally ruining someones life by lying shouldn't go unpunished. This isn't even a feminist vs non feminist issue. The only people that disagree are genuine idiots (like yourself it seems). Those actual victims have nothing to fear about if they aren't lying. If there isn't enough evidence for their case, it'll be dropped. Same as always. Only change is liars will be prosecuted. It's easy for someone to say they'd still retain their opinion when sitting behind a computer screen trolling on the internet. Suddenly stances change when it's them or someone close to them being falsely accused. So I'm going to call bs on that. If police came to your door tomorrow and arrested you on charges for someone you've never even met, I know damn well that you'd want the person pressing charges to be punished.


It is incredibly difficult to secure a conviction against a rapist even with singificant evidence, never mind on completely fabricated 'evidence'. See the Brock Turner case who only got 6 months in jail as an example.
yes ! you can't argue against the deliberate attempt to ruin someone's life
How do we tell the difference between someone who falsely accused a person and someone who got found innocent because of lack of evidence? We can't - almost impossible to do so. An innocence verdict in court does not always equal innocence.. just lack of evidence.

Doing so would prevent victims from coming forward even more because of accusations that they're lying and the potential that if they lost the court case they could go to jail. Not progressive or helpful.
If someone actively admits to lying, then for sure they should be prosecuted.
Original post by lucabrasi98
I don't care how low the % is, intentionally ruining someones life by lying shouldn't go unpunished. This isn't even a feminist vs non feminist issue. The only people that disagree are genuine idiots (like yourself it seems). Those actual victims have nothing to fear about if they aren't lying. If there isn't enough evidence for their case, it'll be dropped. Same as always. Only change is liars will be prosecuted. It's easy for someone to say they'd still retain their opinion when sitting behind a computer screen trolling on the internet. Suddenly stances change when it's them or someone close to them being falsely accused. So I'm going to call bs on that. If police came to your door tomorrow and arrested you on charges for someone you've never even met, I know damn well that you'd want the person pressing charges to be punished.


How do you propose telling the difference between someone lying and someone who got found innocent through lack of evidence? The majority of sexual assaulters/rapists do not go to jail. Lack of evidence does not = innocence. Having the threat of 'if you lose this case you'll go to jail' will prevent so many women from coming forward.

I'd love to hear your thoughts, seeing as it's basically impossible to see the difference! But go ahead.
Original post by simbasdragon
It is incredibly difficult to secure a conviction against a rapist even with singificant evidence, never mind on completely fabricated 'evidence'. See the Brock Turner case who only got 6 months in jail as an example.


Ofc you need evidence and you should only convict if you have sufficient evidence to convince a jury.

The conversion rate for rape trials is over 60%.

This thread is about false allegations of rape.
Also I should probably point out that if someone definitely admits to lying (the only way to know for sure if they're lying - the way the court system works, innocence = lack of evidence, not innocence) then they can and do go to jail. It's illegal to falsely accuse someone of a crime. But hey! Who cares for facts here right?!

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