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should defendants from rape cases be able to sue if the claims are proven false Watch

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    (Original post by Renal)
    Would it not be the process of suing that would demonstrate that the accusation was '100% false' (I assume you mean 'more probable than not' if you're talking about civil law)?
    I haven't really thought through the logistics of it.

    I suppose it would actually be near impossible, other than someone physically breaking down and admitting they lied in the courtroom.

    If the case was so weak that it could be proven beyond a shadow of a doubt that it didn't happen, then it probably wouldn't make it as far as the prosecution courts anyway.
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    (Original post by Nick_000)
    If the case was so weak that it could be proven beyond a shadow of a doubt that it didn't happen, then it probably wouldn't make it as far as the prosecution courts anyway.
    You would have thought so, but with increasing pressure from the government to convict for rape regardless of the evidence - who knows?
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    (Original post by T-Star*)
    They should be allowed to rape the person who lied. This is irony, and we like it.
    Awesome!

    But in seriousness, if the 'victim' was completely proven to have made a false claim (basically admitting they lied), there should be consequences.
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    (Original post by Renal)
    What about if someone uses the police to make malicious accusations that aren't rape - is that okay too?
    No. Did I say it was?
    Anonymity until proven guilty of any crime would be ideal :yes:

    Surely anyone who gave false testimony could be prosecuted under perjury legislation anyway?
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    (Original post by caroline147)
    No. The defendants should just have anonymity until proven guilty.
    This isnt as simple as it sounds.

    A guy in my town was falsley accused of rape after turning down a particularly slutty girl who just wasnt used to rejection.

    She and her group of friends harassed him at work until he lost his job, around his friends until he lost them, and even harassed his family.

    no amount of court enforced anominity would work in such a case.

    He sadly went on to commit suicide, the girl was never charged
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    (Original post by caroline147)
    No. Did I say it was?
    Anonymity until proven guilty of any crime would be ideal :yes:

    Surely anyone who gave false testimony could be prosecuted under perjury legislation anyway?
    Sorry, I got the impression that, on the question of whether there should be repercussions for the accuser you said "No. The defendants should just have anonymity until proven guilty." I presumed you were replying to the thread rather than just the thread title.
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    I read in the Express today about a woman who got 2 years in jail for lying about being raped. She was found guilty of perverting the course of justice. So yes there are laws against false rape claims.

    I think people need to distinguish between being proved innocent and being found not guilty. Most of the time (especially in rape cases) there just isn't enough evidence to prove they did it, and conversely there isn't enough evidence to prove they didn't. I don't think anyone is suggesting that women who claim they've been raped should automatically get put on trial if the defendent isn't found guilty. That would be absurd. But if in the course of the case it becomes apparent beyond reasonable doubt that they did lie, then they should be put on trial for it. It's only fair to the person they falsely accused and to all the genuine rape victims out there.
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    I think both parties should be granted anonymity until proven guilty. Doesn't that get the best result?

    Lol, interesting this comes up again as I posted a poll yesterday on TSR about a similar issue with false allegations.
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    If I was the officer involved I would arrest the person of the false accusation for Wasting Police Time / Pervert Course of Justice / Obstruction of Justice. But in a lot of cases I would suspect the person of the false accusations would have some sort of mental illness so a doctor would need to look at them before proceedings.

    Those falsely accused cannot remain anonymous due to witnesses, evidence gathering etc. At times like this we must try to remember Innocent until Proven guilty.
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    (Original post by DOA)
    I go on the website and I have several stories read stories where claims are false. I think its important that they can because the people who cry rape need to learn that their actions are not above the law.

    see this: http://glennsacks.com/blog/?p=3990

    what do you think?
    Absolutely, without any doubt. The innocent man should definately have the opportunity to at least financially rape the ***** who cried wolf.
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    I don't think it's fair for a man to be able to sue a woman just because he wasn't found guilty, as it doesn't always mean that he's innocent rather that there wasn't enough evidence to prove his guilt and the case cannot be taken any further.

    If a woman has lied and perverted the courts, then she should face the consequences; a jail sentence.

    I don't see the neccessity in suing or receiving compensation in the case of false rape allegations...or any false allegations to be fair. We aren't America -.-
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    (Original post by jonny23563)
    It should be a criminal offence to make a fake rape claim.
    :ditto:

    In cases where a woman accuses a man who slept with her of rape and it is proven to be a false and malicious claim, yes. When a woman was raped but they got the wrong man, no.
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    Yes. As long as people understand the difference between an accusation being proven false and a defendant not being proven guilty...
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    (Original post by EskimoJo)
    Yes. As long as people understand the difference between an accusation being proven false and a defendant not being proven guilty...

    So anyone regardless of their verdict who is arrested and found not guilty should be treated as subhuman scum no different to a rapist who confesses?

    Innocent untill proven guilty, thats how it ******* works, if you are not proven guilty you are innocent.
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    (Original post by jonny23563)
    It should be a criminal offence to make a fake rape claim.
    It is...it's called perjury (lying under oath), or wasting police time (if it hasn't got to court).


    Claims that can be PROVED to be false (malicious - not just incorrect identification) should be prosecuted and the transgressor punished. Cases that have gone to court and resulted in a not guilty verdict should not be assumed to be malicious though, many just have insufficient evidence.
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    (Original post by jonny23563)
    It should be a criminal offence to make a fake rape claim.
    It can result in the person making the false claim being tried for perjury so technically it is. This results in the claimant losing their right to anonymity if it is proved that they lied about the rape, you don't seem to hear about it happening that much though.
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    Definitely. Being accused of rape is possibly the worst thing that can happen to a guy.
    It happens a lot, girls decide after the deed that they didn't want to have sex or they just decide that they didn't like the guy and want to get back at them... so they accuse them of rape. A lot of the time they don't go through with it and I think that too need to be punished too. They are taking advantage of the system.
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    (Original post by The Referee)
    It is...it's called perjury (lying under oath), or wasting police time (if it hasn't got to court).


    Claims that can be PROVED to be false (malicious - not just incorrect identification) should be prosecuted and the transgressor punished. Cases that have gone to court and resulted in a not guilty verdict should not be assumed to be malicious though, many just have insufficient evidence.
    lol talk about a double whammy. You get raped and then you get sued for telling the police. haha
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    (Original post by Darkness and Mist)
    Innocent untill proven guilty, thats how it ******* works, if you are not proven guilty you are innocent.
    No it's not how it works. If you are not found guilty, it's often because there simply isn't enough evidence to know either way. So it wouldn't be fair to punish them because you don't know enough to be sure they did it. But it also means there isn't enough evidence to prove that the person claiming they were raped was lying, so it wouldn't be fair to punish them either.

    Failure to prove something is true does not imply you have proved it is false.
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    (Original post by Darkness and Mist)
    So anyone regardless of their verdict who is arrested and found not guilty should be treated as subhuman scum no different to a rapist who confesses?

    Innocent untill proven guilty, thats how it ******* works, if you are not proven guilty you are innocent.
    Haha! What? Did you quote me by mistake or you just misunderstood what I was saying? :eyeball:
 
 
 
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