The Student Room Group

whats stop anyone from successfully accusing rape?

so if you had consensual sex with someone and right after they accuse you of rape and call the police. How can that be proven wrong? and wouldn't that get you a police record or something? to prevent this would you have to sign consent forms, but whats stopping her from saying you forced her to sign it or something?
I think they'd need more evidence than the testimony of the accuser.
Original post by igotohaggerston
I think they'd need more evidence than the testimony of the accuser.


Which they shouldn't, it's already 2018 and people need to take rape accusations seriously
Original post by sexilexi
Which they shouldn't, it's already 2018 and people need to take rape accusations seriously


I'm not saying that we shouldn't take rape seriously, I'm saying the life of someone who is convicted of rape is going to change drastically, hence I think that before they are convicted we must be sure beyond reasonable doubt (as with any crime), and I feel someone just saying he or she raped me should not be enough evidence to send someone to prison.
A couple of years ago I would have said that they needed more than just the word of the accuser, but we have been shown by cases over the last two years that it isn't so. CPS need to consider there is a 50% chance or more of a conviction before it proceeds. They appear to be stuck stacking the odds by withholding evidence from the defence and there have been several cases recently where it was only her word against his. Hence them doing this dodgy practice and being caught out bang to rights.

Rape accusations are taken seriously that is why for Men falsely accused , even if the case is dropped before trial, the accusation alone is the sentence,
(edited 6 years ago)
Reply 5
Original post by Anonymous
so if you had consensual sex with someone and right after they accuse you of rape and call the police. How can that be proven wrong? and wouldn't that get you a police record or something? to prevent this would you have to sign consent forms, but whats stopping her from saying you forced her to sign it or something?




If you have consensual sex with a girl and later she goes to the police and accuses you of rape, most likely the police will come to your door and arrest you. Evidence collecting will begin and you will likely be interviewed.

Assuming you deny the accusations, Unless the case in quite compelling in favour of the alleged rape victim ..most likely the CPS will decide not to prosecute due to unrealistic chance of a conviction/lack of evidence and you will be set free.

Generally if the guy denies it, if the case is to make it to the court room the rape victim will need more than a simple "I said no/he raped me" ...or the case is going to be dismissed due to insufficient evidence..

Having said all that, even if the guy is not convicted ..there most likely will be significant damage to his reputation and social standing ..and there will always be a question mark over him.......
Reply 6
Original post by sexilexi
Which they shouldn't, it's already 2018 and people need to take rape accusations seriously


Why?
By all means take accusations seriously but do so in accordance with the rule of law i.e. based on evidence not baseless accusations.
Original post by sexilexi
Which they shouldn't, it's already 2018 and people need to take rape accusations seriously


I really hope that’s sarcasm
Original post by Anonymous
so if you had consensual sex with someone and right after they accuse you of rape and call the police. How can that be proven wrong? and wouldn't that get you a police record or something? to prevent this would you have to sign consent forms, but whats stopping her from saying you forced her to sign it or something?


The onus wouldn’t be on the man to prove it didn’t happen (although in the court of public opinion it would be) if the only evidence was one person saying it was rape, the other saying it was consensual the accusation wouldn’t go very far
Reply 9
Original post by Underscore__
The onus wouldn’t be on the man to prove it didn’t happen (although in the court of public opinion it would be) if the only evidence was one person saying it was rape, the other saying it was consensual the accusation wouldn’t go very far




for some reason my post got flagged and reviewed for basically saying that.
Its difficult though, to decide what the right way of handling a situation like this would be. You could ask the victim to provide more evidence, but for those who aren't lying, it makes the process harder and more painful and can seem like the victim is being treated like the criminal.

But if its more lax, then the person who is accused of rape would have to fight pretty hard to prove that its false. Where is the middle ground, if it exists at all?
Original post by Napp
Why?
By all means take accusations seriously but do so in accordance with the rule of law i.e. based on evidence not baseless accusations.


no, all men are potential rapists.
Reply 12
Original post by num.7
no, all men are potential rapists.


All women are potential sex offenders as well whats your point?
Original post by ANM775
for some reason my post got flagged and reviewed for basically saying that.


It was probably a micro aggression that offended someone with blue hair
Original post by Anonymous
so if you had consensual sex with someone and right after they accuse you of rape and call the police. How can that be proven wrong? and wouldn't that get you a police record or something? to prevent this would you have to sign consent forms, but whats stopping her from saying you forced her to sign it or something?


What’s to stop them? Morals and good character I’d hope.
OP if you’re worried about an actual situation then get legal advice.

The police will probably record it on their intelligence if someone reports you but it won’t always show on a ‘record’ to third parties unless you actually get a conviction or caution.
There isn't really anything to prevent women (and some men) from targeting and accusing men of sexually harassing or raping them. I want to point out that the amount of women becoming victims of rape is much higher than the amount of men becoming victims of false rape accusations, I don't want to seem as though both problems are problems of equal magnitude. I have sympathy for those women who are victims and have felt as though they haven't been able to speak out, however I also feel sympathy for any men who may be falsely accused of rape or sexual harassment.
I think more men in the future will fall victim to this, we've already seen a Welsh MP commit suicide due to allegations which must have made him feel as though his career and reputation would be permanently tarnished, even though a police investigation had not concluded that he was guilty of anything. The important thing is that he had not been proven guilty and I feel as though the allegation of being a rapist will have a much more significant effect on someones reputation, than the police conclusion that they were innocent, hence permanently damaging the reputations and careers of some men. Nikolai Yezhov famously said that "When you chop wood, chips fly": Yezhov being a man responsible for over 1 million deaths under Stalin. I think that this is relevant here because of the attitude of some people that there will naturally be innocent victims in the uncovering of these sexual harassment scandals: Yezhov implied that in the Great Purge, there would be innocent victims in the uncovering of anti-revolutionary attitudes and sabotage. We cannot stoop to that level where we simply accept that innocent people will fall victim to the small number of women who will falsely accuse men of sexually harassing them. We need to realize that there must be a conclusion from a police investigation into whether someone is guilty or not and if they are guilty, then they will be condemned to suffer the treatment of a rapist.
Original post by Anonymous
so if you had consensual sex with someone and right after they accuse you of rape and call the police. How can that be proven wrong? and wouldn't that get you a police record or something? to prevent this would you have to sign consent forms, but whats stopping her from saying you forced her to sign it or something?


False rape cases often collapse immediately before they can get taken to court because the person making the false accusation often cannot stick to a consistent story and contradictions in their story are often spotted when they are interviewed, as police are well trained in looking out for this.

In the rare case that a rape allegation does get taken to court, it is unlikely that a conviction will happen as the barrister working for the defendant will have a easier time proving that there is a lack of evidence to convict the person. The prosecution has a tougher job of trying to find non-existent evidence to try and convict the defendant.

If someone is a truly innocent law-abiding citizen, then a shred of evidence will not be found against them.

Quick Reply

Latest

Trending

Trending