Should false rape accusers face jail time?

[Deleted]

It's an interesting and tricky question, people have made many arguments in favor of treating those whom falsely accuse in the most severe manner possible; And then others attempt to plead for leniency, so as to prevent any punishment and possible ramifications if jailed (Supposedly it would be discouragement to rape victims to report the crime, an argument i can appreciate somewhat).

The discussion is being picked up again in British media owing to a few cases that have recently come to light;

Example A.

A trainee barrister has been jailed after being found guilty of falsely accusing her former boyfriend of a series of rapes and assaults.

Sentencing Rhiannon Brooker, 30, to three and half years, the judge Julian Lambert said she had acted in an "utterly wicked" way and argued that false claims made it more difficult for real rape victims to be believed in court.

There was anger from women's rights campaigners who claimed that such severe sentences would put off rape victims from going to the police for fear they could face prosecution if allegations were not proven. There were cries of "Shame" and "Miscarriage of justice" as Brooker's sentence was handed down.

Brooker's former partner Paul Fensome, a railway signalman, was held behind bars for 37 days after she accused him of a string of rapes and assaults. While in custody, Fensome was held in a secure wing after rumours went around that he was a paedophile. He has since received £38,000 compensation.

Alibis, evidence from Fensome's phone and his work shift patterns undermined Brooker's accounts. Injuries were judged to have been self-inflicted and the police dropped their investigations into Fensome and turned their attention on Brooker.

Brooker initially told police she had made false accusations. But when she was charged with perverting the course of justice she retracted her confession. She was found guilty of 12 offences relating to false allegations of five rapes, six assaults and one false imprisonment.

Mitigating, Sarah Elliott QC said Brooker's motive had not been financial, she was not attention-seeking and she had not acted out of malice. Elliott dismissed a claim by the prosecution that she had lied to cover up for poor performance in her barrister training, pointing out she was in the top 10% of students.

Elliott said Brooker was a vulnerable woman who had a "damaged upbringing", but the birth of her daughter with a new partner nine months ago had "profoundly changed her". She added: "Every single day in prison will be agony."

The judge said Brooker's "relentless" lies had created a "detailed web of falsehood". He said false allegations could have an "insidious effect" on the public, causing scepticism and making it harder for real victims to be believed.

The support and campaign group Women Against Rape (WAR) was among more than a dozen organisations and lawyers who wrote to the judge arguing that a harsh sentence would put women off coming forward to report rapes for fear they would not be believed.

They wrote: "The prosecution was not in the public interest. A prison sentence will put even more women off reporting, enabling even more attacks from violent men. The resources spent on prosecuting Ms Brooker should have been put into prosecuting rapists and other violent men."

A note seen by the Guardian made by an Avon and Somerset detective about the case suggests there was concern in the force about a "reputational risk" over any move to drop of the case against Fensome. The force rejects claims by WAR that it prosecuted Brooker to cover its back.

A force spokesperson said: "The decision to charge Rhiannon Brooker with perverting the course of justice offences was not only due to the strength of the evidence but also because it was in the public interest to do so. There are many serious aggravating features in this case. False claims have a clear adverse impact on victims reporting incidents to police and the prosecution of genuine cases."

Ch Supt Sarah Crew, force lead for rape and sexual offences at Avon and Somerset police, said: "It would be a travesty if this case were to undermine the confidence and experiences of victims. We want to assure all victims of rape, sexual assault and domestic abuse that we will listen to and support you every step of the way."

James Ward, crown advocate for the Crown Prosecution Service, said: "This case was brought both to protect the integrity of genuine rape allegations and victims of rape and because of the devastating effects false allegations of sexual offending can have on genuine victims, innocent people so accused and their families."

http://www.theguardian.com/uk-news/2...se-rape-claims

The sentence is one of the harshest handed out thus far i know of, and in some nations would approach the punishment handed out to a rapist.

So i suppose my question is, do you agree that false accusers should be punished; And, with an addendum, should those accused be afforded the same protection (Anonymity) until charges are sufficiently proven?

[Deathpath]

It's an interesting and tricky question, people have made many arguments in favor of treating those whom falsely accuse in the most severe manner possible; And then others attempt to plead for leniency, so as to prevent any punishment and possible ramifications if jailed (Supposedly it would be discouragement to rape victims to report the crime, an argument i can appreciate somewhat).

The discussion is being picked up again in British media owing to a few cases that have recently come to light;

Example A.



http://www.theguardian.com/uk-news/2...se-rape-claims

The sentence is one of the harshest handed out thus far i know of, and in some nations would approach the punishment handed out to a rapist.

So i suppose my question is, do you agree that false accusers should be punished; And, with an addendum, should those accused be afforded the same protection (Anonymity) until charges are sufficiently proven?

I think if the accused got jail time then proven innocent, then the accuser should get the same amount of jail time.

[Dezerte]

False rape accusations will fall under defamation, which in Sweden can grant you up to 2 years in jail.

[Blueobelisk]

"No! Because then it'll stop more people from reporting rape."

Ya no stfu quotation marks. I think if the person is falsely accusing rape (and it's proven false) then that person should go to jail.

[Deleted]

Don't we have a thread about this?

Just checked three pages, nope.

[tanktank]

I'm glad, she should have gotten more time. This happens in the U.S. all the time, they should give them the time they would have given the guy.

[torment3d]

If it was up to me, anybody that uses a false rape accusation as a weapon against an innocent person should be fucking EXECUTED.

[Deleted]

False rape accusations will fall under defamation, which in Sweden can grant you up to 2 years in jail.

It can go under both defamation and falsk tillvitelse.

[Deleted]

False rape accusations will fall under defamation, which in Sweden can grant you up to 2 years in jail.

Same here, just a while back a chick got 3 months in the slammer for it.

Probably would have gotten more but the police got wind of her bullshit before any damage was done.

[Wells]

I look forward to a rational thread that never loses perspective or trails off into misogyny.

[Deleted]

I'm glad, she should have gotten more time. This happens in the U.S. all the time, they should give them the time they would have given the guy.

You should fix why someone would want to falsely accuse someone first and foremost.

[Dendrek]

What she was charged with is just. It's shitty that cunts like this can ruin it for actual victims, but she should not be immune to the consequences of her fucked up decisions just because she's got a vagina.

[Deleted]

do we mean people who knew they were lying from the start? not accused someone, and then turned out they were innocent?

if its the first, and someone reports a rape and then they turn around and say they were lying, yes they should. should be for all crimes, you waste a lot of peoples time, pottentially ruin someones life with rape allegations. the sentence should vary depending on how much damage is done, there have been stories where a man has spent years in jail before the girl came forward and said she was lying, that should carry a hefty sentence.

[select20]

I think so. I was a Drill sgt for three years in the Army at Ft. Jackson. Now granted, there were some Drill Sgt's, that actually had sex with recruits, and they deserve to be hammered. However, there were some that were accused, and it destroyed their families, careers, and even went to jail for a number of years. Then a few years later, than same recruit came out and said that it was all a lie. That lie completely destroyed a good soldier's career.

So my answer, heck yeah they should go to jail.

[Deleted]

False rape accusations will fall under defamation, which in Sweden can grant you up to 2 years in jail.

Which is interesting, have any cases been prosecuted and sentenced to that extent to jail time?

Because Twitter is going overload on this, Tumblr is having fits, SRS is crying as always; And then writers are opining on the severity of the sentence.

I'm also interested if people would support a measure to provide anonymity to the accused until charges are proven, as another case occurred recently too.

http://oxfordstudent.com/2014/06/18/...arges-dropped/

He has started to make a stance on the protection of the accused having underwent the trial of public condemnation and vilification.

[basharteg]

I'm not sure just falsely accusing deserves jail time but what she did was clearly above and beyond when you lie and hurt yourself and blame it on another. I don't get how this case would prohibit rape victims from coming forward. It would certainly prohibit cases wherein you lie and know the charges are fake. And getting punished for it is good. You aught to feel bad... real bad, for lying like that, and you aught to be punished for it for wasting the courts time and hurting someone innocent for vindictive reasons or for your own gain

[Deleted]

Only in the cases of obvious false reporting.

[Deleted]

do we mean people who knew they were lying from the start? not accused someone, and then turned out they were innocent?

if its the first, and someone reports a rape and then they turn around and say they were lying, yes they should. should be for all crimes, you waste a lot of peoples time, pottentially ruin someones life with rape allegations. the sentence should vary depending on how much damage is done, there have been stories where a man has spent years in jail before the girl came forward and said she was lying, that should carry a hefty sentence.

I tried to make it clear-cut by adding the malice part, but i mean, those whom have been demonstrated clearly and legally to of falsely accused with ill intent present.

Not a lack of evidence which would result in a dropping of the case.

[Deleted]

Which is interesting, have any cases been prosecuted and sentenced to that extent to jail time?

Because Twitter is going overload on this, Tumblr is having fits, SRS is crying as always; And then writers are opining on the severity of the sentence.

I'm also interested if people would support a measure to provide anonymity to the accused until charges are proven, as another case occurred recently too.

http://oxfordstudent.com/2014/06/18/...arges-dropped/

He has started to make a stance on the protection of the accused having underwent the trial of public condemnation and vilification.

http://na.se/nyheter/lanet/1.2429952...-till-fangelse

There's one case. She got 1 month for assault & falsely accusing someone. Just 1 month is a bit on the low side, I think they should at the least be required to attend to a treatment programme to help them while serving the sentence.

[Deleted]

You should fix why someone would want to falsely accuse someone first and foremost.

Good luck fixing human nature. People will accuse each other of heinous acts no matter what.