Man wrongly jailed for 32 days after wife’s fake rape claim sues government

[Independent voter]

A Sydney man is seeking more than half a million dollars in damages from the NSW Government for maliciously prosecuting a false rape claim made against him by his North Shore paediatrician wife.

On legal advice, the man had pleaded guilty to two counts of domestic violence — relating to an email and damage to his then-wife’s mobile phone (after discovering explicit text messages between her and another man) but the judge dismissed those charges without recording a conviction.

The man spent 32 days in jail on remand, an “extraordinarily difficult” experience given he had no criminal record and one that continues to haunt him to this day.

Defence lawyer Greg Walsh told the court the man and his legal team took photographic evidence that corroborated his story and discredited hers to the police, but it was ignored.

https://www.news.com.au/lifestyle/re...d07db38e2b5bb4

Really long article.

That has to be one of the scariest things, to be put in jail when you know you're innocent. What would you do if you were innocent and locked up?

[Gamingsince1981]

Really long article.

That has to be one of the scariest things, to be put in jail when you know you're innocent. What would you do if you were innocent and locked up?

I would do one of those epic prison exercise montages and get ripped

[d00mGuArD]

What you can/must do is install cameras in your house (provided it is allowed by the law in your area)

[lonely zergling]

Visit the wife and restore balance when I'm free. /s

I would sue the shit out of the world tbh. And then use the money to help other victims of false accusions.

[Itori]

When we fight for equality but some women want to use pity as a weapon xD hope the woman gets locked up forever, rape isnt a joke and is a damn good reason i carry now.

[Doctor Amadeus]

Very unfortunate circumstances, but I am glad it was only 32 days vs some wrongfully accused and convicted who spent a lot longer. I do believe he has a pretty easy case relatively speaking to sue for damages. Of course this is Australia, and I don't know how the law works in New South Wales as far as his legal options.

But I would assume his case has merit, he was wrongfully held on charges he was later cleared of. and 32 days is a long time, in the states you generally can only be held 2 days without bail or hearing, and after if you are charged must be processed for an arraignment, for which you can be bonded out or deemed not a flight risk and released pending a trial.

I do know that for instances in some States in the U.S people have been held in Jail, Not Prison for extended periods of time, and in many cases they can't bail or bond out, however there have been arguments made about that and where constitutionally that falls in terms of rights to a speedy trial when it comes to certain jurisdictions and how long they can hold you or if they can hold you reasonably.

So with this being NSW Australia It's hard to say where their laws fall under this, but if their laws are like the U.S or more Canada, which I am also familiar with, his case has merit

In most cases, I would think the city or state would likely settle, since holding someone against their will without legal and just cause can be proven to have caused this man harm.

[ParanoiD84]

32 days should be alright money for time being detained. Sweet sweet money.

[Boo Radley]

the real moral of the story needs to be releasing his wife's name and ruining her life for ruining his.

Is it wrong to say I hope she gets the "boy who cried wolf" treatment if someone does happen to .... her?

[Spectral]

On legal advice, the man had pleaded guilty to two counts of domestic violence — relating to an email and damage to his then-wife’s mobile phone (after discovering explicit text messages between her and another man) but the judge dismissed those charges without recording a conviction.

Wait, so this whore sexts some guy, the husband finds out, gets mad and smashes the phone, and that's "domestic violence"? I hope there's something missing there because that seems like a crime that no jury would convict someone of.

[Squishy Tia]

Wait, so this whore sexts some guy, the husband finds out, gets mad and smashes the phone, and that's "domestic violence"? I hope there's something missing there because that seems like a crime that no jury would convict someone of.

You'd be surprised. See: Larry Baer

[Spectral]

You'd be surprised. See: Larry Baer

Wow. Didn't hear about that story, but in that case, the wife clarified:

Pam Baer also released a 2nd statement ... saying, “I would like to clarify the events of today. My husband and I had an argument in public about which we are quite embarrassed."

"I took his cellphone. He wanted it back and I did not want to give it back. I started to get up and the chair I was sitting in began to tip. Due to an injury I sustained in my foot three days ago, I lost my balance. I did not sustain any injury based on what happened today. Larry and I always have been and still are happily married.”

This kind of idiotic shit makes me feel very lucky to not be married to a crazy person.

[D Luniz]

Really long article.

That has to be one of the scariest things, to be put in jail when you know you're innocent. What would you do if you were innocent and locked up?

wonder what stock gangster photo is being used instead of my actual picture while assholes chortle "he dindu nuffin", and if my job will fire me for no call, no show

and afterward, when news me filing a lawsuit is posted, same assholes giggling "he's won the ghetto lottery"

[draynay]

Sounds like he got a really good judge that sorted it all out, but everything up until then was a total shitshow. Doesn't seem like an unreasonable amount considering all the expense and loss.

[markos82]

Friend got arrested in Switzerland for something he didn't do. Was accused that he was a part of that Pink Panther criminal organisation ( one that steals diamonds and such ), spent more than 9 months in jail, doesn't wanna sue but he can ( i think he can get up to 300CHF x days spent ) because he said its a hassle and too much work + he had best vacation ever, no wife, 2 kids, bills.....

[tumppu]

Really long article.

That has to be one of the scariest things, to be put in jail when you know you're innocent. What would you do if you were innocent and locked up?

Well, I guess one could do what this guy did and sue the gov't for half a million, or whatever you fancy. Also, the wife is the real culprit here and considering shes claiming they're still "happily married", this smells like a con job.

[Pebrocks The Warlock]

The woman's name should be made public, detailing she's fake rape accuser.

[Fojos]

Wow. Didn't hear about that story, but in that case, the wife clarified:

This kind of idiotic shit makes me feel very lucky to not be married to a crazy person.

"Courts never believe women."

Rape, while many cases are dismissed, is still one of few crimes where the only actual "evidence" needed is the word of the woman. There are a few other ones, and it's all about crimes against women.

[Boo Radley]

Brian Banks, leading NFL prospect, is another one of these cases. He was jailed by the accusation a woman who later admitted she made it all up. He was scheduled to go very high in the draft. She cost him potentially hundreds of millions of dollars in missed opportunity that he worked towards all his life.

Mike Tyson as well is a case of "She said" despite the evidence being very contentious at best.

[Socialhealer]

should get over a million, courts cost him over 250k$ already.

for all the shit he went through, lost earnings and only 250k$? nah courts should be punished for being so biased and incompetent, "guilty until proven innocent" not OMG RAPE CLAIM THE MAN SMASHED A PHONE AND HAD CONSENSUAL SEX HE'S GUILTY!!!!!

[The Offbeat]

"Courts never believe women."

Rape, while many cases are dismissed, is still one of few crimes where the only actual "evidence" needed is the word of the woman. There are a few other ones, and it's all about crimes against women.

That must be why rape cases have such a low conviction rate..