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

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    (Original post by ElephantMemory)
    The trouble with this is it would put women off from reporting rapes.
    I don't see how a woman proven to falsely accuse someone of rape could put other women off reporting actual rape.
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    (Original post by evantej)
    I used to work in a psychology department where someone specialised in this area too! It is very interesting.

    It is an odd case you highlight. The problem is not that she holds a wrong belief, and she may continue to hold this belief until the day she dies, but the fact she is doing something with this false belief. If she keeps it to herself then she should not be punished but if she acts upon her false belief then she should be punished (e.g. publicly saying the innocent man is guilty).
    The first guys conviction was overturned by the DNA evidence, but her eyewitness testimony that it was him in the first place, and her belief that it is still him isn't malicious. For her to go around and tell everyone 'He raped me' for no reason now his conviction was overturned would be bad, but her continued testimony even in the face of DNA evidence is not the same as her making it up, but her brain convincing her and a bit of cognitive dissonance really.
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    (Original post by ElephantMemory)
    The trouble with this is it would put women off from reporting rapes.
    I don't think so. But I have a similar concern. It might deter liars from coming forward.
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    He can sue her for defamation. Get big money. Let's plot something, somebody.
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    (Original post by Sweet n Sour)
    He can sue her for defamation. Get big money. Let's plot something, somebody.
    I don't think he would be able to sue her. A friend of mine who went through a similar thing was told that.
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    (Original post by miser)
    I don't think he would be able to sue her. A friend of mine who went through a similar thing was told that.
    Why couldn't he sue her? There must be some specific technicality with him then.
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    (Original post by Sweet n Sour)
    Why couldn't he sue her? There must be some specific technicality with him then.
    He can press charges I believe, fraud and deception.
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    (Original post by Sweet n Sour)
    Why couldn't he sue her? There must be some specific technicality with him then.
    Because if people could sue after an unsuccessful prosecution, then that would deter women from coming forward with accusations of (presumably factual) events.
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    (Original post by minimarshmallow)
    The first guys conviction was overturned by the DNA evidence, but her eyewitness testimony that it was him in the first place, and her belief that it is still him isn't malicious. For her to go around and tell everyone 'He raped me' for no reason now his conviction was overturned would be bad, but her continued testimony even in the face of DNA evidence is not the same as her making it up, but her brain convincing her and a bit of cognitive dissonance really.
    Well by definition she would no longer be falsely accusing the man but committing defamation which would be very easy to prove given the man's conviction had been overturned.

    I am also not sure like the legal system would really care about the cognitive processes underlying the woman's false beliefs to be honest...
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    (Original post by James Milibanter)
    He can press charges I believe, fraud and deception.
    Yes, he should be able to...
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    (Original post by miser)
    Because if people could sue after an unsuccessful prosecution, then that would deter women from coming forward with accusations of (presumably factual) events.
    That's your theory, but why couldn't your friend sue...?
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    I'm a woman and yes i think they should go to prison.

    The ones who lie are the ones who cause others' genuine claims to be discredited/questioned.
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    (Original post by Sweet n Sour)
    That's your theory, but why couldn't your friend sue...?
    My understanding is that it was for that reason - in order to protect people who come forward.
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    Hmm I think only in circumstances where the woman clearly has malicious intent and not when their view of a sexual encounter differs from the mans.

    If it can be proved she is acting incredibly maliciously and has ruined the mans life (lost job, lost partner, potentially spent time in jail etc) she should face the potential of jail time and would be made to both make a public apology for her deception along with giving significant damages where appropriate. Jail time wise part of me wants to say the maximum could be what the man was potentially facing, realistically that's probably not the best course of action, but a couple of years? I think that should be a possibility. I mean it's seriously ******* messed up if a woman's lies are able to get a guy to lose his career, family and freedom until the truth is revealed.
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    Because rape is such a difficult thing to find evidence for (as its usually one person's word against another), it would be almost impossible to distinguish between someone falsely accusing someone of rape and a victim of rape reporting a crime there is little/no evidence for. The latter obviously shouldn't be jailed so there'd be no practical way of enforcing this fairly meaning it wouldn't be a good idea.
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    Only if it is 100% proven that she was lying. Also I think it depends how far she goes, for example if the man has been to prison as a result of the lie then the woman who lied should too, for the same amount of time or longer, and if not she should have to do a short sentence or be punished another way. I disagree with the people saying they should have the same punishment as someone found guilty of rape though, as although both are awful almost nothing is as serious a crime as rape
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    What about the case of Banks? he spent more than five years in prison, but had his conviction overturned in 2012 after his accuser was secretly recorded admitting she had fabricated the story. Now the accusers Wanetta Gibson won't face jail, and she will keep her $1.5mil compensation she was given by the school district.
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    (Original post by drewBusby)




    What about the case of Banks? he spent more than five years in prison, but had his conviction overturned in 2012 after his accuser was secretly recorded admitting she had fabricated the story. Now the accusers Wanetta Gibson won't face jail, and she will keep her $1.5mil compensation she was given by the school district.
    Like I said in the post above, this is a situation where the accuser should definitely go to jail, and the man should be compensated
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    (Original post by Marina_x)
    Only if it is 100% proven that she was lying. Also I think it depends how far she goes, for example if the man has been to prison as a result of the lie then the woman who lied should too, for the same amount of time or longer, and if not she should have to do a short sentence or be punished another way. I disagree with the people saying they should have the same punishment as someone found guilty of rape though, as although both are awful almost nothing is as serious a crime as rape
    Only if it is proven beyond reasonable doubt you mean. The same as it should be for absolutely any other crime.
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    (Original post by ElephantMemory)
    The trouble with this is it would put women off from reporting rapes.
    Why should it? If the justice system is good and fair and very rarely convicts innocent people, why should innocent women be worried?
 
 
 
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