Yeah Fiend, you might be shocked to know that fingerprints are often inconclusive and that a rape victim usually doesn't just rush off to the local PD.
Yeah Fiend, you might be shocked to know that fingerprints are often inconclusive and that a rape victim usually doesn't just rush off to the local PD.
I don't see how taking action against a liar would discourage real rape victims. While fear of people not believing them is a factor, it's not the only factor. There's fear of the rapist, the fear of everyone knowing they were raped, the fact that they might be trying to hide the even because they don't want to even think it ever happened, etc. I don't see how calling out a proven liar would affect the credibility of future cases. That's just jumping to conclusions. It's not the same as THINKING they lied, it's a straight up fact they lied. "Well, they thought that one girl was lying, so no one is going to believe me" versus "Well, that one girl was definitely lying, so no one is going to believe me"
The only cases that I can see discouraging real rape victims are those left ambiguous. Someone going free but you're still not sure if he really raped someone or not.
It is the mark of an educated mind to be able to entertain a thought without accepting it.
Also, it's should HAVE. NOT "should of". "Should of" doesn't even make sense. If you think you should own a cat, do you say "I should of a cat" or "I should have a cat"? Do you HAVE cats, or do you OF cats?
Do you have some data for false accusation rates? Most reliable I can find is 3%. For the US the rate of unreported rape is estimated around 60%. "large problem comparatively" is an understatement.
I mean I can't even find statistics for false accusations that lead to convictions that are later overturned. Its largely an imagined crisis from the internet and mens rights activists.
There seems to be two parts here.
A) The legal system did not perform it's due diligence and let someone be put in jail, wrongfully, for 9 years.
B) The legal system did not perform "Blindly" on the grounds that they want to encourage other people who've lied to a judge and jury and wrongfully sent someone to jail.
In a perfect world, the courts, the perpetrator's defense, and law enforcement should be able to descern such lies before a verdict. In the case of a mistake, there should be a degree of confidence that such mistakes are bound to happen in a system concieved by humans, but are rare enough that there shouldn't be enough wrongly accused in prison to try and lower or nullify the punishment for the person who's undermined the justice system.
She's cost another person 9 years of his life. Her state and country has had to sustain this person for 9 years, on top of the fact that this person was (I presume) contributing in some part to society. I understand that she was a minor when she made her testimony, but coneptually, the legal system should be blind to everything but facts. In an ideal world, Age, Race, and Gender should all be made irrelevant.
So you'd much rather have the crime hang on a woman's testimony over any over kind of evidence? Hell, a Psychological profiling would probably be grand in this situation but does that ever get taken into account on the woman?
You see, I am saying woman because male rape cases are laughed out of the door on all but the most serious cases.
---------- Post added 2012-11-23 at 07:04 AM ----------
What kind of backwards world to you live in where the police will back a man's case against a womans?
What the fuck is it about rape and gender threads that make nuance so fucking difficult?So you'd much rather have the crime hang on a woman's testimony over any over kind of evidence? Hell, a Psychological profiling would probably be grand in this situation but does that ever get taken into account on the woman?
This is an example of how rediculous our society has become. The threat of unreported rapes is great, but the injustice of a false report is much greater. Simply because the evidence against rapists is difficult to obtain does not mean society bears the responsibility to assume the guilt of the perpetrators to a greater degree, even if the crime is great.
so the DA doesn't want to charge the girl for perjury, but was fine going after the dad for rape...? BS. if i was that father, i'd bring charges up against the DA/state. if nothing else, he deserves 9 years worth of income he lost. add to that pain and suffering both mental and physical (cause he did hard time and you know what happens when you do hard time) and he should come out alright. this time tho, he needs to find a better lawyer than the crappy one that got him sent to jail with no rape evidence.
No, his reputation is tarnished for the rest of his life. He was convicted of raping a child. People aren't going to care or even see that it was a fraudulent charge and bullshit conviction that was later overturned - you're still going to be a registered sex offender, and guess how well people are gonna treat you because of that?
I mean, who the fuck cares that it's complete bullshit and didn't actually happen - let's not let the facts get in the way of righteous indignation, right?
Thats more of a case of courts favoring Women, but let's make another example.
Murder case. Person testifies and says he was right at the scene of the murder and saw everything. On HIS evidence the murderer is put away. Years later the "Witness" retracts his statement, the prisoner now goes free.
There are twofold problems with this. 1) it allows shakey evidence to put away people. 2) it allows bribery to win a court case.
Given the time between the incidents I doubt its the same DA, not to mention they wouldn't let the same guy make that call.so the DA doesn't want to charge the girl for perjury, but was fine going after the dad for rape...?
In all likelihood the father will sue the state for compensation and he should.
Oh look, Wells is in here arguing against a very easy to understand concept again. I don't care if she was five when it happened. Anyone who falsely accuses of rape should be punished as harshly as a rapist, no matter how much later it gets discovered that it was false. The guy's life was ruined. It's complete crap that in this system, a woman or child can accuse a man of anything and she'll win the case.
The simple matter that Social Justice bigots will defend any and all chances for a minority to have the commanding power in a situation. Hell, there are more reported male rapes cases a year than female rape cases a year due to prisons. But do you see anyone moving to stop them?
What I'm saying is that fears of women making false accusations are wildly overblown and that the rate that rape goes unreported is underappreciated.
---------- Post added 2012-11-23 at 07:12 AM ----------
Why yes I do.
You're also mixing your political causes there. Arguments for a softer more humane prison system almost always come from the left here, not the right.
No...I'm pretty sure even if a man made the claim he wouldn't be penalized either.
If shaky evidence is going to put people away then it's going to put people away. It sucks, but it happens. All punishing this girl would do is make people fessing up later less likely.