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Should a woman go to jail for falsely accusing a man of rape? watch

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    There's so many false rape accusations being made nowadays. The men get their lives completely ruined but the women walk away untouched. The punishment should be equal to that of rape.

    EDIT: This applies in the reverse scenario as well.
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    (Original post by elliemayxo)
    I don't really have an opinion on it, I was just curious as to know what other people think. I'm trying to think of whether i'm all for it or not, I don't really know...

    My only argument would be that; how could you possibly prove she was lying? rape is such a tricky subject when it's put into the hands of the law. Often women get ignored when they report rapes, so could this make it even worse for women?
    With the burden of proof set so high as to when they are lying the convictions would be with practical certainty. Anyone who is convicted under this should be held to the high standards of proof such as in murder trials 'virtual certainty'. We know some people lie about the subject so it is possible to obtain proof.

    I'd lock them up for the amount of time equivocal to the accusation personally as I think should be the case for any lie with malicious intent to cause false prosecution. Simply wrongly guessing someone did something would and should be insufficient. As a side note, both parties names should be protected by injunction until a successful conviction (if no conviction, no reporting)

    Its not they get ignored, its that its a tricky subject. How do you know if consent was given, if he raped her or if she regretted it after and tried to accuse him (both have happened). Behaviour prior is usually used to assess and then people lose their minds over how 'just dressing like x and coming onto someone doesn't mean you want it' which is true but doing those things and not knowing what signals are being given is either naive or intentionally being a bit of a [email protected] It is impossible to assess their exact feelings in the moment in many cases (obviously violent or random rapes do not apply) and this is the heart of the problem on both sides, people want to act however they like oblivious to how it interferes with other people. You cannot just come on to someone and not expect the obvious escalation, but nor can you kiss someone and keep going when they dont seem in to it because you 'got/thought there were signals'.
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    No, not really. Charging them would be okay. Imprisoning them? Just seems unnecessary.
    I get rape claims can eff up your life but does a false rape accuser have any place in a prison with thieves, killers, and rapists?

    Even if a woman is imprisoned for false accusation it doesn't solve anything, and not a "real" crime. Imprisoning for a month or some weeks would be fine.
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    (Original post by SmileyVibe)
    No, not really. Charging them would be okay. Imprisoning them? Just seems unnecessary.
    I get rape claims can eff up your life but does a false rape accuser have any place in a prison with thieves, killers, and rapists?

    Even if a woman is imprisoned for false accusation it doesn't solve anything, and not a "real" crime. Imprisoning for a month or some weeks would be fine.
    I would say it depends on how long it took her to admit she lied amongst other things.
    For example if she phoned the police to withdraw the accusations and admitted she was lying before they had even gone round to his place of work and arrested him in front of everyone, then yes, maybe I could see your suggestion of a fine and maybe a community service order would be in order.
    On the other hand are you seriously suggesting that somebody that has destroyed a man's life, split his family, cost them their home and sat on her arse while he spent several years in prison, watching his back every day as rapist are despised amongst ordinary prisoners, that she shouldn't have a custodial sentence?
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    (Original post by SmileyVibe)
    No, not really. Charging them would be okay. Imprisoning them? Just seems unnecessary.
    I get rape claims can eff up your life but does a false rape accuser have any place in a prison with thieves, killers, and rapists?

    Even if a woman is imprisoned for false accusation it doesn't solve anything, and not a "real" crime. Imprisoning for a month or some weeks would be fine.
    What sentence would you impose then? There's no point in charging someone unless you're seeking a sentence.

    Well thieves is a broad category. I'd rather some steal some money from me than falsely accuse me of rape.

    The aim of prison is to rehabilitate people and make them useful members of society so yes, I'd say there's a point in imprisoning people for lying about being raped.

    Why is it not a 'real crime'?


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    (Original post by Moura)
    It's a tricky one because a lot of legitimate rape cases get the not guilty verdict and the man gets away with it... essentially saying the rapist did not commit the crime and the victim is lying.
    No it just means they havent proven beyond reasonable doubt that he is guilty. A person is presumed innocent until found guilty.


    How would you tell the false ones from the true ones? Firstly it would probably be soul destroying for a person who was raped to go through a court case to prove that they were raped... which can be hard to do... then go through another to prove they weren't lying if the rapist was found not guilty... THEN have the possibily of going to jail?
    Thats not how it works and that isnt required. The rape victim isn't on trial and will only be charged if there is signifiant evidence they knowingly lied. If you tell the truth, then you have nothing to worry about.

    I just think to prosecute people for it you would have to put EVERY person who accused someone of raping them on trial if their accused rapist was found not guilty which is the majority of cases and would be traumatising for the victim even if they were also found not guilty of lying about the rape. I don't even know how that would work with the law... rapist being found not guilty of raping but the victim found not guilty of lying... is that possible?
    No, because thats not how it works. Just because a case isnt proven doesnt mean everyone on the prosecution were lying. The only time a woman would ever be investigated is if there was actual proof. It fails because theres not enough evidence and the jury werent convinced.
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    (Original post by GonvilleBromhead)
    With the burden of proof set so high as to when they are lying the convictions would be with practical certainty. Anyone who is convicted under this should be held to the high standards of proof such as in murder trials 'virtual certainty'. We know some people lie about the subject so it is possible to obtain proof..
    Its the same burden of proof as any other crime. beyond reasonable doubt.
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    (Original post by SmileyVibe)
    No, not really. Charging them would be okay. Imprisoning them? Just seems unnecessary.
    I get rape claims can eff up your life but does a false rape accuser have any place in a prison with thieves, killers, and rapists?

    Even if a woman is imprisoned for false accusation it doesn't solve anything, and not a "real" crime. Imprisoning for a month or some weeks would be fine.
    Ofc its a real crime as the person has lied in an attempt to get someone else falsely imprisoned for years. Its also a corruption of the legal process, hence its taken seriously.
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    is she not to go to jail by law? wtffff
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    (Original post by 999tigger)
    No it just means they havent proven beyond reasonable doubt that he is guilty. A person is presumed innocent until found guilty.




    Thats not how it works and that isnt required. The rape victim isn't on trial and will only be charged if there is signifiant evidence they knowingly lied. If you tell the truth, then you have nothing to worry about.



    No, because thats not how it works. Just because a case isnt proven doesnt mean everyone on the prosecution were lying. The only time a woman would ever be investigated is if there was actual proof. It fails because theres not enough evidence and the jury werent convinced.
    Thank you.

    You know sometimes I am utterly gobsmacked at the lack of knowledge on here about how the legal system works.
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    (Original post by caravaggio2)
    Thank you.

    You know sometimes I am utterly gobsmacked at the lack of knowledge on here about how the legal system works.
    TBF not everyone knows about the legal system Its good to ask questions.
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    Perhaps not protecting their right to anonymity is the way to go. I appreciate the importance of victims feeling 'safe' enough to approach the Police but false rape accusations help no one and should be prevented without deterring genuine victims.
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    (Original post by SmileyVibe)
    No, not really. Charging them would be okay. Imprisoning them? Just seems unnecessary.
    I get rape claims can eff up your life but does a false rape accuser have any place in a prison with thieves, killers, and rapists?

    Even if a woman is imprisoned for false accusation it doesn't solve anything, and not a "real" crime. Imprisoning for a month or some weeks would be fine.
    The point of the justice system isn't simply to remove dangerous people from society. A false accuser of any crime (but especially rape given how dimly we view convicted rapists) has absolutely done something wrong that warrants punishment. Even if you don't believe (like I do) that punishment for wrongdoing is a central part of justice, I trust you will at least think that deterring people from crime is important. So in that sense we need to punish false rape accusers harshly to deter people from committing this heinous crime.
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    (Original post by Aceadria)
    Perhaps not protecting their right to anonymity is the way to go. I appreciate the importance of victims feeling 'safe' enough to approach the Police but false rape accusations help no one and should be prevented without deterring genuine victims.
    In my mind there is no right to anonymity in OPEN justice.
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    (Original post by Aceadria)
    Perhaps not protecting their right to anonymity is the way to go. I appreciate the importance of victims feeling 'safe' enough to approach the Police but false rape accusations help no one and should be prevented without deterring genuine victims.
    No, because that would deter existing victims coming forward. Rape is vastly underreported as it is.

    What is argued for is anonymity of the accused, but that's still debated.
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    (Original post by 999tigger)
    No, because that would deter existing victims coming forward. Rape is vastly underreported as it is.

    What is argued for is anonymity of the accused, but that's still debated.
    Hardly. Once a case has been 'thrown out' of court, I don't see the morality of protecting the accuser's identity.
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    (Original post by Aceadria)
    Hardly. Once a case has been 'thrown out' of court, I don't see the morality of protecting the accuser's identity.
    As i said it will deter victims from coming forward. Just because rape isnt proven to the standard required, doesnt mean people havent been through a pretty traumatic experience and that they dont have a right to privacy. They arent the ones on trial.
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    (Original post by 999tigger)
    As i said it will deter victims from coming forward. Just because rape isnt proven to the standard required, doesnt mean people havent been through a pretty traumatic experience and that they dont have a right to privacy. They arent the ones on trial.
    Genuine victims are not; false accusers are. Your assumption is that every false rape accuser has had a traumatic experience. What about those who haven't? Should they not face punishments to protect those who are actual victims?
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    (Original post by Aceadria)
    Genuine victims are not; false accusers are. Your assumption is that every false rape accuser has had a traumatic experience. What about those who haven't? Should they not face punishments to protect those who are actual victims?
    Think you are getting confused. Just because a case fails to gain a convoction does not mean the accuser was lying.
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    (Original post by 999tigger)
    Think you are getting confused. Just because a case fails to gain a convoction does not mean the accuser was lying.
    Just because a case fails to gain a conviction does not mean the accuser was not lying. If malice is proven, punishment should be handed out (I'm against prison but not waving their right to anonymity).
 
 
 
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