Anatomy of a False Rape Accusation

[Theodarzna]

False accusations are of particular interest to skeptics because skepticism has often been at the forefront of giving voice to the wrongly accused. From the Salem witch trials (in which innocent young women were falsely accused of being witches) to the Satanic Panic moral panic of the 1980s and 1990s (in which dozens of innocent men and women were falsely accused of sexually assaulting children and others) and hundreds of examples in between, skeptics have often been there to remind the public to ask for evidence before rushing to judgment. Indeed, the brilliant CSI Fellow Carol Tavris just recently wrote an e-skeptic piece about this in relation to recent accusations against Woody Allen.

[...]

A Closer Look

This case is fascinating and offers insight into the rarely-discussed dynamics of a demonstrably false report of abduction and sexual assault. This is not a case in which the circumstances are ambiguous, or authorities concluded that there was insufficient evidence to establish the accused person's guilt. This is an open-and-shut case in which all of the evidence, including the alleged victim's statements, clearly demonstrate that the accusation was false.

It also provides insight into how easy it is to make a claim, and how difficult it can be to disprove it. It took Levitski only a few minutes to make her claim to her grandmother, and then perhaps an hour to repeat the accusation to police. Investigators, however, spent many days on the case conducting multiple interviews, researching phone records, analyzing key entry data, and so on. This is as it should be: a thorough investigation into a young woman's serious accusations and a young man's life and liberty were on the line. But it does demonstrate the gross imbalance between the time and effort it takes to make a claim and the time and effort it takes to prove or disprove it. It is much easier to prove that something did happen (a positive claim) than to prove that something did not happen (proving a negative). False reports drain an enormous amount of time and money on police departments-time and money that could have been spent on investigating real crimes, with real victims.

What would make a person think that falsely accusing another person-much less a friend and former lover-of sexual assault and abduction was acceptable? There is no indication that Robin and John had any sort of falling out, or that her accusations were made in retaliation for his infidelity or abuse. It would be comforting to think that Levitski is the rare exception, but there is nothing in the record suggesting that she is aberrant in any way; Robin has no previous criminal record, and appears to be a typical young college student, whose interests include cheerleading, The Big Bang Theory, Kanye West, Kesha, and photography.

Why Make a False Accusation?

Why would a person make it up? Only a person with a truly blinkered moral compass would even think of using a false accusation-much less one as serious as sexual assault-as a tool of revenge or convenient excuse for engaging in consensual sex. There is only one circumstance in which an accusation of sexual assault is appropriate: in the case of a genuine sexual assault. Not as a way to get back at someone you're upset with for other reasons. Not as a way to explain away embarrassing photos to your grandmother. False accusations are also a slap in the face to real victims of sexual assault.

Actually, Levitski's reason is mundane and common: the false report of a sexual assault is often used as cover story for consenting (but illicit) sexual activity. There are any number of reasons why a person might falsely claim to have been sexually assaulted, including revenge, seeking sympathy or attention, or to cover up for some crime, indiscretion, or infraction. Here's a few examples.

In 2007 a thirteen-year-old North Carolina girl told police that she had been abducted from her school bus stop by four Hispanic men in a dark red Ford Explorer, taken to nearby woods, and raped. Police canvassed the neighborhood but found nothing, and no eyewitnesses saw the incident. A medical exam revealed no evidence of any assault. Eventually the girl admitted that she had lied about the abduction and assault because she didn't want to get in trouble for skipping school.

On January 22, 2014, a twelve-year-old girl reported that she was approached by a white male as she was walking home from school; she said the man grabbed her and pulled down her pants before she was able to get away. Police searched the area but found no evidence that anything happened; the following day the girl confessed that she had not been assaulted at all; she had made up the story because she didn't want to get into trouble for missing her school bus. She is fortunate that an innocent man who happened to be in the area and who matched her general description was not pulled over and arrested on suspicion of attempted sexual assault.

In mid-February 2014 Alexandria Westover, a Florida woman, told police she had been assaulted on the Florida Turnpike after getting a flat tire. She claimed that a man pulled over to help her but eventually raped her. After police spent over 100 man-hours of investigation in a fruitless search for evidence, Westover eventually admitted to having fabricated the story because she didn't want to get in trouble for missing work.

Then there's the tragic case of Darrell Roberson, a Texas man who arrived at his home to find his wife Tracy underneath another man in the back of a pickup truck in their driveway. Tracy Roberson cried that she was being raped, upon which Mr. Roberson pulled out a gun and killed the other man with a shot to the head. It was soon determined that Tracy Roberson and the dead man, Devin LaSalle, had been caught in the middle of a consensual sexual affair. Though most cases do not result in anyone's death, false accusations of sexual assault often stem from an attempt to hide sexual infidelity from a partner.

What these cases have in common is that the person making the false report did not think through the consequences of their accusations. In fact this is a recurring theme in false claims of many serious crimes, including carjackings, robberies, school shootings, and even sexual assaults and kidnappings. When asked by police or reporters why a person made false report of a crime, typical responses are "I didn't realize it would be that big a deal" or "I didn't think it would get this far."

Of course, this is nothing new; people routinely do things without thinking about their consequences. Drunk driving is a classic example: Millions of people drink and drive despite ads and ubiquitous public awareness campaigns warning of the dangers (and the severe penalties) associated with DUIs. It's not that drunk drivers don't know that what they're doing is wrong or illegal, or that they don't know that the consequences can be severe. Instead, the knowledge of what they will have to go through if caught does not act as deterrent because they don't think they will get caught, and they aren't thinking about the consequences of impaired driving. People routinely make decisions about whether to do countless things, from moving to a new state to dating someone new to running a red light, without thinking about the consequences.

[...]

The Consequences

What are those consequences? Perhaps the most chilling aspect of this case is Levitski's utter indifference to the consequences of her claims for the man she recently dated. John might have been convicted of Sexual Abuse in the Second Degree (Iowa Code §709.3), which as a class B felony would have been punishable by up to 25 years in prison; or Sexual Abuse in the Third Degree (Iowa Code §709.4), which as a class C felony would be punishable by up to 10 years in prison and a fine of between $1,000 and $10,000. On abduction charge, he could have faced Kidnapping in the First Degree ("when the person kidnapped...is intentionally subjected to torture or sexual abuse"), which is a Class A felony and is punishable by life imprisonment (Iowa Code §902.9).

When Robin Levitski is told that her statement might imprison an innocent man for life, she hedges a bit and states that such a punishment may be extreme; perhaps only "several years" in federal prison for her abduction and rape would be sufficient to teach him a lesson. The phrase "several years" may roll off Levitski's tongue as a trifling, abstract punishment for something that never happened, but pause for a moment and consider what that really means for the true victim in this case: the innocent man she falsely accused.

It means that the man she slept with is arrested and charged with a crime. His family, friends, co-workers, and others find out, through rumor, gossip, and the local news, that he was arrested for abducting and sexually assaulting a young college woman. His name and mug shot in the local newspaper and on web sites, easily available to anyone with internet access. Once John is arrested he may be disenrolled and banned from campus by the university; what administration needs the negative publicity of allowing a man accused of abducting and raping another student back on their campus?

[...]

Why We Believe the ‘Victim'

Not just John and Robin's lives have been affected by her lies. What of those who rallied behind Robin Levitski, her family and friends who consoled her and supported her during the investigation, and those who joined her in accusing John? They of course had no reason to doubt Levitski's claims-why in the world would she make it up if it wasn't true?

Even those who knew both Robin and John might not have completely believed all the accusations, but assumed that he must have done something inappropriate to her. Maybe he didn't actually "abduct" her in the usual sense of the word, but maybe he held her against her will despite her repeated requests to leave, and she was scared of him. Even if John hadn't actually abducted or sexually assaulted her, there must surely be something to it; after all, where there's smoke there's fire, and people don't just make up these sorts of serious accusations out of thin air. It was much easier to "believe the victim" and assume that some sexually aggressive college boy had gone too far. No rational, sensible, moral person would falsely accuse an innocent man of abduction and sexual assault-and certainly not to hide the fact that the eighteen-year-old was sexually active. Yet, as bizarre and implausible as it sounds, that is exactly what happened.

Of course, most reports of sexual assault, abduction, and other serious crimes are true. The vast majority of the time when a man says he was carjacked, or a woman says she was assaulted, it really did happen. No one doubts or denies that, and that is part of the reason that victims are believed-as they should be, unless further evidence and investigation reveals that it did not happen. As Alan Dershowitz pointed out during a recent appearance on BBC News, most people who are accused of a crime are in fact guilty. We would not want to live in a world where most people, or even half of the people, who are accused of, or arrested for, a crime were innocent. We give lip service to the presumption of innocence of the accused, but the simple fact that someone in a position of authority took a claim seriously enough to investigate it suggests to many reasonable people there is likely some basis to it.

Most people do not go around accusing other people of things they did not do, and as a result we tend to assume that there must be some reasonable basis for the allegation-even if it ends up being a misunderstanding. A friend of mine noted that part of the reason that sexual harassment and assault claims are believed (on their face, even in the absence of evidence) is that they are so extreme and outrageous that the thought of the accusations being false is itself a violation of social norms. To falsely accuse an innocent man of sexual harassment and assault is so patently unethical and beyond the pale of acceptable behavior that many assume it pretty well must be true. "Why in the world would she make it up if it wasn't true?" is likely the first and only thought needed to accept her claims. No rational, responsible, moral person would do that, and therefore the question is then framed as either the college student who'd never been in trouble before and presumably had no reason to lie is lying, or there is at least some truth to it. We saw this in the decades-old rehash of allegations against Woody Allen in early 2014. The assumption that a grain of truth must exist somewhere amid the claims is a powerful one.

Source

Its a long one I know, but its very interesting. For the TL;DR among us:

1. False sexual assault accusations are not always what we think, such as revenge or some petty attack but in some cases false criminal reports in general are done to cover ones own illicit activity.
2. The Accuser rarely thinks too deeply about the consequences of the action. Mainly its a quick attempt to escape an immediate perceived danger.
3. Unless the accused has significant resources these accusations can be incredibly hard to beat, but for the accuser its incredibly easy to make. More over the punishment for filling a false report is high so the incentive to keep to the story remains high.
4. We tend to believe accusations, mainly because while we say we are for innocent until proven guilty, usually we assume if someone launched an investigation it means something happened "Were there is smoke there is fire," type thinking.
5. More over the very act of a false accusation is such a breach of ethics that its seen as beyond the pale for a real person to ever do.
6. To reiterate, False accusations of any crime seem to mostly be the snap decision of someone. More often done to cover ones own illicit behavior, OR sometimes for revenge or some other ulterior motive.

..... Well... Interest? Thoughts? Comments? Reactions? Insults?

[Independent voter]

The only study I found was one done in Australia, it found that 1 of 50 rape accusations where false enough so that law enforcement brought charges against the accuser. Even one out of 50 is too much but it's hardly an epidemic.

[Hiricine]

The risks for an accuser of a false rape accusation are basically nothing, you might even argue that the risk is negative since its possible to gain something from it. The possible benefit to someone who is being accused is basically zero, which is why the legal system must default to believing the word of the accused, because accusing is free and there is virtually no disincentive to doing it.

[unbound]

..... Well... Interest? Thoughts? Comments? Reactions? Insults?

Definitely interesting. The only downside is that some (especially MRAs) latch onto this stuff and ignore the fact that the vast majority of rapes aren't even reported, and the vast majority of rapes that are reported actually happened.

[GrinningMan]

The only study I found was one done in Australia, it found that 1 of 50 rape accusations where false enough so that law enforcement brought charges against the accuser. Even one out of 50 is too much but it's hardly an epidemic.

It's not a problem until it happens to you.

[Jotaux]

The risks for an accuser of a false rape accusation are basically nothing, you might even argue that the risk is negative since its possible to gain something from it. The possible benefit to someone who is being accused is basically zero, which is why the legal system must default to believing the word of the accused, because accusing is free and there is virtually no disincentive to doing it.

Yeah, just look at mattress girl or that cab driver in Edmonton that was only saved by his dash cam. No charges brought up on certain false allegations.

[Theodarzna]

Definitely interesting. The only downside is that some (especially MRAs) latch onto this stuff and ignore the fact that the vast majority of rapes aren't even reported, and the vast majority of rapes that are reported actually happened.

They have a strong rhetorical case, some wish to believe every accusation under the sun, and their arch-nemesis sometimes believes all men are rapists. *shrug* Ignoring the MRA debate, of accusations levied this article raises a good point, especially at our psychology to believe and at the nature of a false accusation.

[Jotaux]

Definitely interesting. The only downside is that some (especially MRAs) latch onto this stuff and ignore the fact that the vast majority of rapes aren't even reported, and the vast majority of rapes that are reported actually happened.

I just think it should be treated the same as any other crime.

[Theodarzna]

Yeah, just look at mattress girl or that cab driver in Edmonton that was only saved by his dash cam. No charges brought up on certain false allegations.

Charging the Accusers is legally problematic,

Not discussed in the article is False Positives, I.E. A Rape happens but the wrong person is accused and convicted. Or the accusers memory is compromised and he or she is uncertain as to who did it. In one case I read about the police and judges manipulated the accuser until she believed firmly the guy they snagged did it, even though later on it was revealed to be someone else. That first mans face became the subject of her nightmares, even though she had conclusive proof it wasn't him, she had psychologically convinced herself it was.

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The risks for an accuser of a false rape accusation are basically nothing, you might even argue that the risk is negative since its possible to gain something from it. The possible benefit to someone who is being accused is basically zero, which is why the legal system must default to believing the word of the accused, because accusing is free and there is virtually no disincentive to doing it.

That is actually a troubling thing, the risks v. reward of false accusations in cases of rape are pretty intense.

Mitigating that in a humane fashion is a challenge. Punishing an accuser for an incorrect or not-guilty verdict is difficult to stomach, but the incentives have to be looked at. Either the risks to the accused need to be neutralized or, Well fuck I honestly can't immediately think of a way out of this problem.

[Jotaux]

Charging the Accusers is legally problematic,

Not discussed in the article is False Positives, I.E. A Rape happens but the wrong person is accused and convicted. Or the accusers memory is compromised and he or she is uncertain as to who did it. In one case I read about the police and judges manipulated the accuser until she believed firmly the guy they snagged did it, even though later on it was revealed to be someone else. That first mans face became the subject of her nightmares, even though she had conclusive proof it wasn't him, she had psychologically convinced herself it was.

The dash cam evidence showed the entire encounter, including the women threatening him with a rape allegation because they didn't want to pay $13. The police were going to arrest him until he showed them the video.

The thread here on mmo champ from 3 years ago:

http://www.mmo-champion.com/threads/...hes-it-on-tape

He did get the $13 though.

Also the example you gave, is that from Making a Murderer?

[Theodarzna]

The dash cam evidence showed the entire encounter, including the women threatening him with a rape allegation because they didn't want to pay $13. The police were going to arrest him until he showed them the video.

The thread here on mmo champ from 3 years ago:

http://www.mmo-champion.com/threads/...hes-it-on-tape

He did get the $13 though.

Also the example you gave, is that from Making a Murderer?

In that case that lady should be charged with fraud absolutely.

My issue is mostly a response to the seemingly common MRA tendency to both assume all women are lying and any not-guilty verdict is a case of deliberate false accusation done for malicious intent.

[Jotaux]

In that case that lady should be charged with fraud absolutely.

It was 3 women IIRC.

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My issue is mostly a response to the seemingly common MRA tendency to both assume all women are lying and any not-guilty verdict is a case of deliberate false accusation done for malicious intent.

I think its to counter-balance the automatic assumption that the accused is guilty. Like when Mall Security posts about mattress girl, its hard not to take the opposite side as him. Which is why I think that attitude of defending false accusers only hurts real accusations.

[Endus]

The issue is that false rape accusations don't really occur at any appreciable rate greater than that of other false claims. False reporting is an issue, but not one unique to rape, and there's little reason for a particular focus on rape accusations.

Plus, you have to go into this acknowledging that a great many accusations are legitimate (whether because the events happened, or because the victim felt they did), but the evidence will be inconclusive; these are not false accusations, and neither a "not guilty" verdict nor a decision to not press charges means that the accused is actually innocent. Rape is notoriously hard to prove beyond a reasonable doubt. The great mass of cases where guilt is not established are not a demonstration that false accusations are rampant; they demonstrate how difficult the standard of evidence is.

I don't have any patience for actual false accusations, and fully agree they should be punished accordingly, but there's simply no evidence that it's a major issue over, say, false theft accusations.

[Pann]

That is actually a troubling thing, the risks v. reward of false accusations in cases of rape are pretty intense.

What are you talking about? Contrary to the belief of MMO-C posters that all a woman has to do is call the police and they will immediately lock the man up women who claim to have be raped have go through invasive physical examinations as well intimate and often degrading questioning.

[Theodarzna]

It was 3 women IIRC.

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I think its to counter-balance the automatic assumption that the accused is guilty. Like when Mall Security posts about mattress girl, its hard not to take the opposite side as him. Which is why I think that attitude of defending false accusers only hurts real accusations.

Posters like Mall Security represent the other end of this spectrum. He or She is the main sort of "Activists," that muddy this issue so much. MRA's or the radical ones whom believe all women lie, you know the Roosh V types, are such a fringe and so marginal in power as to be pointless. But being an employee and student at an American University, I can say folks with Mall Securities attitudes exist in greater numbers and at least in the Academic world wield considerable power.

[Jotaux]

The issue is that false rape accusations don't really occur at any appreciable rate greater than that of other false claims. False reporting is an issue, but not one unique to rape, and there's little reason for a particular focus on rape accusations.

Plus, you have to go into this acknowledging that a great many accusations are legitimate (whether because the events happened, or because the victim felt they did), but the evidence will be inconclusive; these are not false accusations, and neither a "not guilty" verdict nor a decision to not press charges means that the accused is actually innocent. Rape is notoriously hard to prove beyond a reasonable doubt. The great mass of cases where guilt is not established are not a demonstration that false accusations are rampant; they demonstrate how difficult the standard of evidence is.

Its not so much that its more prevalent than other false accusations is that they are not acted upon. There's a blind spot for them even if it is an open and shut case with video evidence because theres this assumption that it will deter others from coming forward.

I do not think its unreasonable to hold it to the same standard as other crimes.

[Theodarzna]

Not really sure why people think it's a good idea to bold more than half the text. It's like highlighting a book (not that I'd ever deface a book like that)–there's only so much highlighting you can do before you're basically just unhighlighting.

I am really bad at deciding what is absolutely crucial. Even in class notes my tendency is to over highlight and I apologize for that.

[Endus]

Its not so much that its more prevalent than other false accusations is that they are not acted upon. There's a blind spot for them even if it is an open and shut case with video evidence because theres this assumption that it will deter others from coming forward.

I do not think its unreasonable to hold it to the same standard as other crimes.

No, but "the same standard" means you need to prove beyond that same reasonable doubt that the accuser made that accusation fraudulently, and with malicious intent. Which is arguably even more difficult than proving the actual rape, since you need the accuser to essentially admit fault, or have video that conclusively demonstrates that events weren't even remotely close to the accusation. The accuser being mistaken about her supposed rapist's identity is not evidence of a false claim, for instance.

[Justpassing]

It's not a problem until it happens to you.

Yeah I'm sure the frequenters of MMO-C are wildly having sex day after day with random bar skanks every night.

[Jotaux]

No, but "the same standard" means you need to prove beyond that same reasonable doubt that the accuser made that accusation fraudulently, and with malicious intent. Which is arguably even more difficult than proving the actual rape, since you need the accuser to essentially admit fault, or have video that conclusively demonstrates that events weren't even remotely close to the accusation. The accuser being mistaken about her supposed rapist's identity is not evidence of a false claim, for instance.

Well even video evidence is not enough to even get charges laid.