"Rape victim" recants testimony that sent man to jail for 9 years. No punishment.

[Laize]

They get to nagotiate on what the terms are, if they admit to the crime. That's how plea bargains work. We already have a system in place for people to get lower punishment, not only if they confess, but can prove they were mentally incapable of making a rational decision.

Im aware of that. There are people, however, saying those who confess to crimes should carry no punishment because it discourages them from coming forward.

[Varabently]

The tough thing about rape is it's almost always his word against hers (most rape victims are the female claiming the male raped). It's unfortunate that this kind of thing happened, but do you just not believe the females who come forward? Tricky business considering it's one of the malum in se crimes.

[Laize]

The tough thing about rape is it's almost always his word against hers (most rape victims are the female claiming the male raped). It's unfortunate that this kind of thing happened, but do you just not believe the females who come forward? Tricky business considering it's one of the malum in se crimes.

How do you increase the conviction rate of rape without lowering the burden of proof?

[Haarvald]

You do know the kind of damage that will do to rape reporting rates right?

if they are telling the truth, then it shouldn't do a damn thing, if they are lying then it should drop that 3% to something like .000001%

[Oogzy]

That is some bullshit. I would have pressed charges like it was no ones business and brought the court down on her into hell and beyond. You don't send someone, especially your father, to jail for 9 years as a rapist because you're upset your parents got a divorce.

That mans life is now most likely ruined. How the hell do you come back from being in prison for 9 years even if you are released with your record clear? Our legal system needs some hard reworking and needs to quit favoring women in so many cases to throw someone in jail for years. I'm so freaking happy that police are extremely hesitant about rape charges now because women abuse the hell out of the "rape" charge. Boyfriend breaks up with you? One night stand? Rape.

[darenyon]

Im aware of that. There are people, however, saying those who confess to crimes should carry no punishment because it discourages them from coming forward.

not no punishment, but not as severe as many here are suggesting.

[Kasierith]

Excuse me? Explain the difference between claiming someone you dislike mugged you in an alleyway and claiming someone you dislike raped you?

Why do you insist on setting the example that perjury will go unpunished?

If you avoid prosecuting false allegations because of some ungrounded fear then you validate it as a form of retribution. Tell me no one has ever fabricated claims to the police to get back at someone in a bitter divorce and then you might have a point.

The line lays at the point where the least harm is done overall. You absolutely cannot deny that false rape convictions have consequences lasting even beyond the extended jail time, can be relatively insubstantial in their prosecutions in terms of evidence leading to charging according to subjectivity instead of objectivity, and while not common are likely still present in significant numbers. In this situation, because of the three said reasons, it is better to follow a utilitarian interpretation of the law, where recognizing that women who have done such false convictions could be intimidated by the presence of legal lashback and therefore not come forward with the truth, meaning that one instance of vengeance would prevent others from coming forward with the truth.

Why do I insist that said perjury goes unpunished? Probably the same reason why courts grant immunity to individuals. Because sometimes its better for the greater good to let such things slide away. That said, I could easily see a lawsuit being filed against someone over this.

[Oogzy]

The tough thing about rape is it's almost always his word against hers (most rape victims are the female claiming the male raped). It's unfortunate that this kind of thing happened, but do you just not believe the females who come forward? Tricky business considering it's one of the malum in se crimes.

With a lack of evidence? Yes. Yes you should dismiss it. If there's not a lick of evidence, then you should dismiss it. Just saying that someone raped you is not evidence, which is why women's credibility on rape cases is getting worse and worse.

[Haarvald]

Would be quite ironic if she'd really get raped now, and nobody would believe her anymore.

I've thought that too.

---------- Post added 2012-11-23 at 04:22 PM ----------

yeah....not sure why you think a rape victim is so rationally thinking things through.

Raping people for giving false reports is pretty high profile. Have that happen to a couple people and suddenly every woman who would report a rape is worried she's putting herself at risk for being raped.

Tell us, what is life like in prison for child rapists? here's a hint, most become rape victims or spend their time in protective custody.

---------- Post added 2012-11-23 at 04:23 PM ----------

[/COLOR]I mean this is a think that already happens. Rape goes widely unreported in large part because women are afraid they won't be believed.

and they aren't believed because those that lie about it aren't punished.

---------- Post added 2012-11-23 at 04:25 PM ----------

.

Cause the DA that prosecuted him and others is incompetent perhaps?

---------- Post added 2012-11-23 at 04:27 PM ----------

gotta watch out for those slutty 11 yr olds...

I strongly suspect that the mother was behind it, all or in part.

[Laize]

The line lays at the point where the least harm is done overall. You absolutely cannot deny that false rape convictions have consequences lasting even beyond the extended jail time, can be relatively insubstantial in their prosecutions in terms of evidence leading to charging according to subjectivity instead of objectivity, and while not common are likely still present in significant numbers. In this situation, because of the three said reasons, it is better to follow a utilitarian interpretation of the law, where recognizing that women who have done such false convictions could be intimidated by the presence of legal lashback and therefore not come forward with the truth, meaning that one instance of vengeance would prevent others from coming forward with the truth.

Why do I insist that said perjury goes unpunished? Probably the same reason why courts grant immunity to individuals. Because sometimes its better for the greater good to let such things slide away. That said, I could easily see a lawsuit being filed against someone over this.

By your own logic, she should be absolved of liability in a lawsuit as well. Otherwise other false allegations might be seen as opening them to lawsuits as well.

As stated, there should be a lesser sentence for coming forward on your own, but you shouldn't be absolved of a crime for doing so. The reason they grant immunity is in a quid pro quo for testimony to take out more important criminals.

This instance, in particular, involves someone fabricating a scenario out of thin air and, in effect, being granted amnesty for their crime by simply admitting they were full of shit despite having stolen 9 years of an innocent man's life.

[Haarvald]

I'm so sad that this is my home town.

On topic. Falsely accusing someone of rape is right up there with committing rape in my book. It's a disgusting act and should be punished.

Your Hometown? what can you say about the history of the DA that put this man in jail?

[Roelath]

Being a minor shouldn't even be in question now... 11 + 9 = 20. That's quite a number of years beyond the age of "Adulthood" and for most cases it starts at 16 so with that being known she had plenty of years to rationally understand her mistake. Did she tell anyone during those periods of time when she was an adult? Nope. She should be charged for crimes then.

[Wells]

So I take it you couldn't find where I said she should get a free pass and chose to instead address posts from like 10 pages ago instead.

[UnCorpse]

What you're essentially saying is that if someone fesses to a crime, they shouldn't be punished because that would discourage other criminals from coming forward with their crimes.

That's a load of shit. Maybe because she came forward she should get a lesser sentence (It only took her 9 fucking years).

There should be a huge shitstorm if nothing happens as a result of you admitting you put an innocent man in jail for 9 years and will have him labelled as a child rapist for the rest of his life.

I'm not saying it is right, but it is better than giving liars a reason not to confess.
Having a chance of entering in jail as a rape victim would be much worse.
Maybe there should be more evidence to put a man in jail than just a girl confessing, if the system put in in jail just because one lie, we should blade the system for being tricked so easily. You know, more evidence, like traces of semen on her clothing, etc etc...
We are talking about deciding about a bad and worse consequences, I am just choosing the minor of two evils.

[undercovergnome]

we shouldnt imprison people for telling the truth, The jury and the judge failed in this case - the lawyer that stood against the man should be liable - But obviously a little girl who didnt know any better was allowed to let this spiral out of control, her life is already ruined, I imagine she will be estranged from her father, and possibly her mother for life, her childhood most likely ruined, the rest of her life will be burdened with guilt, with her whole family treating her like crap - so just let her be, the father will be happy enough that he is no longer being called a rapist/pedophile

[Laize]

I'm not saying it is right, but it is better than giving liars a reason not to confess.
Having a chance of entering in jail as a rape victim would be much worse.
Maybe there should be more evidence to put a man in jail than just a girl confessing, if the system put in in jail just because one lie, we should blade the system for being tricked so easily. You know, more evidence, like traces of semen on her clothing, etc etc...
We are talking about deciding about a bad and worse consequences, I am just choosing the minor of two evils.

Disagree. The idea of there being no repercussions for perjury that results in a man losing a decade of his life should NEVER go unpunished. If the little witch came forward (as happened in this case, but not in the Brian Banks case) then the sentence should be reduced. Just like any other crime.

[Lassira]

Not prosecuting because it may cause people to not report lies is such bullshit, maybe if there weren't so many fake claims of rape they might not get discouraged.
Look at someone the wrong way?
Rape.
Be within 20 feet of someone?
Rape.

And people wonder why 1 in 2 males wouldn't help a lost child for fear of being labeled a pedo/rapist.

This thread reminds me of that woman that claimed a guy raped her, got over a million dollars from the school the "rape" happened at, then later admitted she lied. And didn't even have to give the money back.

[Methanar]

we shouldnt imprison people for telling the truth, The jury and the judge failed in this case - the lawyer that stood against the man should be liable - But obviously a little girl who didnt know any better was allowed to let this spiral out of control, her life is already ruined, I imagine she will be estranged from her father, and possibly her mother for life, her childhood most likely ruined, the rest of her life will be burdened with guilt, with her whole family treating her like crap - so just let her be, the father will be happy enough that he is no longer being called a rapist/pedophile

Except he will be a pedophile for the rest of his life. The sex offender registry doesn't care about petty details like if you're innocent. Once you're on the list you're there permanently.

[Laize]

we shouldnt imprison people for telling the truth, The jury and the judge failed in this case - the lawyer that stood against the man should be liable - But obviously a little girl who didnt know any better was allowed to let this spiral out of control, her life is already ruined, I imagine she will be estranged from her father, and possibly her mother for life, her childhood most likely ruined, the rest of her life will be burdened with guilt, with her whole family treating her like crap - so just let her be, the father will be happy enough that he is no longer being called a rapist/pedophile

No one ever hears "I was in jail for raping my daughter but they let me out because I didn't do it". Every word in that sentence after "raping my daughter" may as well be spoken in Swahili for how little anyone pays attention to addendums in regards to child rape.

Also it's a whole different process to be removed from the sex offender registry.

We should absolutely imprison people for telling the truth. Just less so than if we find out the hard way.

[Lassira]

Except he will be a pedophile for the rest of his life. The sex offender registry doesn't care about petty details like if you're innocent. Once you're on the list you're there permanently.

I'm not sure how anyone could live after their life being ruined like that, might as well just get it over with, you'll never live a normal life again or work a job that pays more than $3 an hour due to every job including mcjobs requiring background checks.