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

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    So, in conclusion, this already is the case.

    End of thread, I should think.
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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...

    (Original post by EskimoJo)
    Haha! What? Did you quote me by mistake or you just misunderstood what I was saying? :eyeball:
    Yes I did and I dont see how you can say that somebody who has been judged not guilty is any different to someone who has been falsely accused.

    (Original post by Psyk)
    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.
    Regardless of what happens if you are not proven guilty, you are presumed innocent, regardless of your opinion of it, that is the case.

    Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe says (art. 6.2): "Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law".

    Burden of proof is on the prosecution, the defendant does not have to demonstrate innocence.

    (Original post by Psyk)
    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.
    You do realise if the defendant tried to sue there would be another trial to test the validity of any claims, so that is a completely irrelevant point.

    (Original post by Psyk)
    Failure to prove something is true does not imply you have proved it is false.
    It implies you cant presume that that person is guilty. They are presumed innocent unless proven guilty.
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    (Original post by cconstant)
    lol talk about a double whammy. You get raped and then you get sued for telling the police. haha
    If you read what I actually wrote, I did not advocate suing for false allegations!
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    (Original post by The Referee)
    If you read what I actually wrote, I did not advocate suing for false allegations!
    wow chill. I'm just joking about.
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    (Original post by Darkness and Mist)
    Yes I did and I dont see how you can say that somebody who has been judged not guilty is any different to someone who has been falsely accused.
    :indiff: An accused rapist being judged not guilty has no bearing on the guiltiness of the accuser. An accused rapist who has been proved innocent suggests the accuser was lying either intentionally or not. As such, she or he should be open to a lawsuit in my opinion.

    I am not stupid enough to think that every who walks around not being convicted of something is innocent of all crimes. Yes, I get that the whole innocent until proven guilty means my hands are pretty much tied, but when someone is actually proven innocent in the face of a direct accusation, in my opinion it makes the accuser guilty.

    Not being proven guilty is not the same as being proved innocent. If it was, so many people wouldn't bad-mouth Michael Jackson and call him a kiddy-fiddler.
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    (Original post by cconstant)
    wow chill. I'm just joking about.
    Sorry, just a misunderstanding :top2:

    I'd been reading some of the other replies and took yours to be serious.
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    Everyone should get anonymity. But I guess if the accuser admits s/he was lying then the accused should be able to sue.

    The majority of rapes that are reported do not end in conviction. That link makes it seem easy for someone to get a conviction just from lying. It's not easy at all. Rape is also extremely under-reported, and allowing people who were not able to get a conviction to be sued isn't going to help get more people to report rape. I don't think I would report rape if I knew I could be sued for it.

    That someone wasn't proven guilty is not enough to assume that they are innocent or that the report was false. I really hate the stereotype of women 'crying rape' because it assumes that if the allegation is not proven then it must have been made up maliciously.
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    "Have you been wrongly accused of rape in the last four years? If so you may be entitled to compensation..."
    • Thread Starter
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    (Original post by Joel4fun4u)
    Absolutely, without any doubt. The innocent man should definitely have the opportunity to at least financially rape the ***** who cried wolf.
    agreed
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    (Original post by The Referee)
    Sorry, just a misunderstanding :top2:

    I'd been reading some of the other replies and took yours to be serious.
    lol i forgive you.
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    (Original post by nouvelle_vague)
    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 -.-
    Errr well for some men that get accused they will lose their job, going with that means theyll usually lose their house. Some will lose their family. All because some silly ***** decided to fabricate a claim. Not to mention what will happen to their reputation.
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    (Original post by René Artois)
    Errr well for some men that get accused they will lose their job, going with that means theyll usually lose their house. Some will lose their family. All because some silly ***** decided to fabricate a claim. Not to mention what will happen to their reputation.
    plus its easier to destroy than rebuild
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    (Original post by jonny23563)
    It should be a criminal offence to make a fake rape claim.
    It often is..
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    if it turns out they are innocent, of course.

    "Miscarriage of Justice" only applies if jail-time has taken place, but the accused would be slandered and there is basically no way to bounce back from that is there?
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    (Original post by René Artois)
    No theyre not. Charges are hardly ever brought upon a man/woman for accusing someone falsely. This is because they dont want to make it out like theyre persecuting "victims."
    http://www.northumbria.police.uk/new...s.asp?id=15782

    I've read about a nu,mber of cases such as this
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    (Original post by Renal)
    I think that there should be the opportunity to prove, to either a criminal (for wasting police time) or civil (for compo) level, that a accusation was malicious.

    I'm fairly sure that there are already laws available to do this, whether they're being used or not...
    This.
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    (Original post by Prudy)
    http://www.northumbria.police.uk/new...s.asp?id=15782

    I've read about a nu,mber of cases such as this
    That story is so messed up. Why on earth would a woman do that? He was right when he said without the cctv he would've been ******.
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    As above, the laws are already there to prosecute those who make malicious allegations.

    I'm not a lawyer, but I'm slightly worried about the idea of it being open to civil suit, at least with a 'balance of probabilities' burden of proof. Given how stigmatizing a rape allegation is, even if subsequently proven innocent, it seems that this would be an avenue taken by anyone found innocent to try and convince those who know them that they 'probably didn't do it' as opposed to 'well, they couldn't prove it, but no smoke without fire...' I don't know, but it worries me that I suspect such judgements are incredibly hard to make, and thus often wrong, and thus the damage being done to either party. I don't know - I hope I will never be asked to sit on a jury for a rape trial.
    • PS Helper
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    PS Helper
    being found "not guilty" only means the prosecution was unable to prove beyond reasonable doubt that a person was raped... it is actually very difficult to prove rape in this country. DNA evidence, severe injury, testimony, multiple victims with the same injuries/testimony seem to not be enough to convict some rapists... the usual plea is the victim consented. and the Sexual Offences Act 2003 actually made that position worse for victims, as they changed "consent" to "reasonable belief in consent".

    given that there is only a 5% conviction level for rape cases... i think it is very unfair/wrong to go after every case which concludes with a non-guilty verdict.

    in order to prosecute for false accusation, there needs to be evidence of premeditation. i believe there are already laws in place to do this. perjory, wasting police time... i'm pretty sure the harassment laws could be used... but burden of proof would be on the person claiming they were falsely accused or the police... tbh, this could be used maliciously by violent partners who wished to keep re-traumatising their partner... so it could be a completely mine-field for police and cps.
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    (Original post by Andy_ryan)
    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
    Has it been reported to the press, even local websites? I'm interested to know. I'm not doubting your case but it will be just a case of one of many ways that the law has failed to cater for its victims' welfare. It reminds me of the Stefan Kiszko case.
 
 
 
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