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Should a woman go to jail for falsely accusing a man of rape?
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Original post by gijops
Nononononononononoo....
instead, she should be raped..... by monkeys
instead, she should be raped..... by monkeys
Grow up
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Original post by Profesh
Mens rea: an accusation adjudged unprovable is not ipso-facto or otherwise intrinsically 'false', and nor are all falsehoods necessarily culpable however incidentally calamitous.
Consequently, whilst I do of course agree in principle, only the most flagrant examples are likely ever to see any kind of judicial remedy.
Consequently, whilst I do of course agree in principle, only the most flagrant examples are likely ever to see any kind of judicial remedy.
Mens rea. My God. The amount of times you hear that at police training is absurd lol.
Suffice to say once again your post managed to achieve in me the result of a mild giggle! Congrats
Original post by elliemayxo
Just seen it on facebook and thought it would be a good idea to ask on here.
Unequivocally yes.
The trouble with this is it would put women off from reporting rapes.
Original post by TorpidPhil
No. Don't be absurd. I mean, I'm sure rape does happen legitimately yet it cannot be proved in a court quite a lot. That's an issue and punishing the women then for the rigour of the courts being too much to give her justice for the crime she had to tolerate is just as heinous as jailing a male for rape when he is innocent.
Something needs to be done but jailing false accusers 100% of the time is just a bit silly.
Something needs to be done but jailing false accusers 100% of the time is just a bit silly.
No. If they lie, they deserve to be jailed.
Original post by stochasticking
It's easy to prove it. Usually they just use a lie detector.
A lie detector is not a credible piece of evidence and are not allowed in a court room... otherwise there would literally be no need for trials or anything. They're not 100% effective.
Original post by stochasticking
No. If they lie, they deserve to be jailed.
How can you positively prove someone is a liar though? What about if in her sincere experiences she believed she was being raped? The concept of consent is very grey in and of itself... This is a tough one legally. I highly doubt it would ever be possible to jail people in any significant way for such an "offence".
I think a necessary condition would have to be malicious intent. But even saying that, you hardly ever get a situation where someone's proven innocent - rather, they're merely not proven guilty.
In the very few cases where it's clear someone lied to the police about it in order to hurt another person, then that definitely ought to be treated as serious criminal behaviour and given a suitable prison sentence.
In the very few cases where it's clear someone lied to the police about it in order to hurt another person, then that definitely ought to be treated as serious criminal behaviour and given a suitable prison sentence.
Original post by miser
I think a necessary condition would have to be malicious intent. But even saying that, you hardly ever get a situation where someone's proven innocent - rather, they're merely not proven guilty.
In the very few cases where it's clear someone lied to the police about it in order to hurt another person, then that definitely ought to be treated as serious criminal behaviour and given a suitable prison sentence.
In the very few cases where it's clear someone lied to the police about it in order to hurt another person, then that definitely ought to be treated as serious criminal behaviour and given a suitable prison sentence.
This.
I think a lot of people fail to understand this.
Original post by stochasticking
It's easy to prove it. Usually they just use a lie detector.
Lie detectors can give false readings, so I've never heard of them being used in any case...
(accidently gave you a rep? Enjoy anyway aha)
Life in prison.
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Posted from TSR Mobile
I want to say yes, because women who lie about such a thing deserve to be jailed.
I agree that it's difficult knowing whether or not they're lying though.
I agree that it's difficult knowing whether or not they're lying though.
Original post by elliemayxo
Just seen it on facebook and thought it would be a good idea to ask on here.
Yes.
If a woman falsely accuses a man of rape then she should serve the same jail sentence that he would have to if he were actually guilty of raping her, so in the UK that would be between 5 and 15 years depending on certain circumstances.
Well im not sure how you could prove she was lying really but then again you cant usually prove rape either. Also rape and sexual assault are so complicated. A lot of false rape allegations are in fact more complicated than just the victim makes it up.
If it has proved she has lied beyond all reasonable doubt, then I believe she should be made to pay compensation and make some kind of public statement about her lies. If the man was innocent and has already served time, then get her to serve the number of years he had to serve.
I think it might prevent legitimate rape victims from speaking up - another layer of psychological pressure to keep quiet. For that reason I'd be against any legislation making alleged rape victims liable.
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