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Thread: Rapists, false accusations and the like

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    Rapists, false accusations and the like

    I just got done watching yet another L&O SVU episode, where false accusations against someone ruined them, but nothing got done to the females making said false accusation.
    NOW I KNOW its just a TV show, but i have also heard of that mentality from actual cops as well as our base legal people when quizzed about it during one of our all hands Assault prevention days..
    The common misconception is that if they (the authorities) do go after those who make false accusations, is that it will push those who legitimately got assaulted/raped, to NOT come forward.

    Who here feels that to be true?
    Does wanting to punish those who lie to cops make people who are truly victims less likely to come forward??

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    Administrator Mjölnir's Avatar
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    I don't think that it is a misconception at all. As you said, knowing that Law & Order is a TV show, rarely do false, truly false & provably false complaints emerge. As many legal rights and burdens of proof that exist to prove someone guilty of a sexual assault, proving to that same level of certainty that a complaint is false is very hard.

    Filing a knowingly false (not in good faith) complaint is a very bad thing, and depending on the type of complaint is criminal and is prosecuted. When an alleged victim files an informal complaint, their statement is not sworn, so if it is not proven or false, there really is nothing a prosecutor can do; if the complaint is formal, the statement is sworn and if false (different from unproven ... but outright false / not in good faith) then the complainant can be prosecuted (I have seen this happen).

    It is also to keep in mind that just because a claim is not proven, doesn't make it a false complaint. Yes, the alleged perpetrator cannot be shunned, dinged on evals etc. but it is rare that an unproven complaint is actually proven to be false. Often the issue is not a matter of sexual contact having happened, but under what context: one person saying something happened one way, the other saying it happened a different way. She said, he said.

    In my XO tour so far I have (thankfully) not had to deal with a sexual assault accusation, but other she said, he said type scenarios. Sorting out who is telling the truth, or at least the closest version to the truth is a real pain. I do think most of the time, people are telling the truth, from their perspective.

    So does/would the prosecuting of people who make false complaints influence people with legitimate complaints to not file a complaint? Very probably, I do think so. I can see how a victim could view prosecuting or attempting to prosecute someone who made a false claim apprehensive about filing a complaint themselves.
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    Senior Member Bos Mutus's Avatar
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    Quote Originally Posted by Mjölnir View Post
    It is also to keep in mind that just because a claim is not proven, doesn't make it a false complaint.
    This is the thing.
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    Senior Member Rainmaker's Avatar
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    Quote Originally Posted by Mjölnir View Post
    is also to keep in mind that just because a claim is not proven, doesn't make it a false complaint


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    Quote Originally Posted by Rainmaker View Post

    Very relevant to false rape complaints. Stay on that agenda at all costs!!!!

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    Senior Member Rainmaker's Avatar
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    Quote Originally Posted by sandsjames View Post
    Very relevant to false rape complaints. Stay on that agenda at all costs!!!!
    cough, cough, cough......sip some water, cough, cough.....You're sexist for question(cough)ing my health......take a lozenge.....cough,cough, gag,cough.........Run away to restroom.....cough, cough, wheeze, cough..
    Last edited by Rainmaker; 09-14-2016 at 02:02 PM.

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    Senior Member WILDJOKER5's Avatar
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    I believe they believe its true. That's why the "law" gives women the "right" to cry rape if they were "too drunk to remember". Although the guy could never get away with that line. And it never works if the woman was too drunk to remember she was driving. Feminism is a supremacist movement.
    Last edited by WILDJOKER5; 09-14-2016 at 02:30 PM.
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    Quote Originally Posted by garhkal View Post
    I just got done watching yet another L&O SVU episode, where false accusations against someone ruined them, but nothing got done to the females making said false accusation.
    NOW I KNOW its just a TV show, but i have also heard of that mentality from actual cops as well as our base legal people when quizzed about it during one of our all hands Assault prevention days..
    The common misconception is that if they (the authorities) do go after those who make false accusations, is that it will push those who legitimately got assaulted/raped, to NOT come forward.

    Who here feels that to be true?
    Does wanting to punish those who lie to cops make people who are truly victims less likely to come forward??
    If they actually prove a legitimate false accusation they will go after that person who made it. I know of a story from when I was a SARC at Ft Riley - I did not handle this case. Another SARC did. A female soldier accused her company commander I believe of sexually assaulting her. The only issue is that at the time and date that she said he did this he was at NTC. They tell her this and she continues to lie and says "no he did it." They charged her with making a false report and she got fined for it. That's all I remember about that story. But she kept lying even though he was in another state. I think he was on his way back so he was on a bus with many other soldier to verify for his whereabouts.

    As stated it is very, very rare for someone to make a false accusation. Unsubstantiated does not mean false. It means there was not enough evidence to continue on with a charge. CID made that very clear to us. I would tell that to victims when I had to go back and tell them the results. It's very hard to prosecute a case that is years old, with no physical evidence and conflicting statements. OR when you can't find the alleged perpetrator. One case I heard about from another brigade was a female who said she had been sexually assaulted by an Iraqi SGM. But she didn't bring it up until she was doing the questions when you are clearing behavioral health for PCS/ETS I guess. They investigated it though.

    Some people might be dissuaded from reporting but I think if it was shown that someone who made a 100% false complaint and was prosecuted for it, I don't think it would stop someone from coming forward more than anything else that stops someone.

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    Quote Originally Posted by WILDJOKER5 View Post
    I believe they believe its true. That's why the "law" gives women the "right" to cry rape if they were "too drunk to remember". Although the guy could never get away with that line. And it never works if the woman was too drunk to remember she was driving. Feminism is a supremacist movement.
    The law does not give women the right to cry rape. The law allows for anyone who has been sexually assaulted or raped or believes that they were to report it. That's why all accusations are taken seriously until proven otherwise.

    Males are reporting sexual assaults more and not just in the military. Sex crime investigations are not easy and can take a very long time. I've seen it. It's not fun for anyone.

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    Senior Member Rusty Jones's Avatar
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    Quote Originally Posted by WILDJOKER5 View Post
    I believe they believe its true. That's why the "law" gives women the "right" to cry rape if they were "too drunk to remember". Although the guy could never get away with that line. And it never works if the woman was too drunk to remember she was driving. Feminism is a supremacist movement.
    I never understood that. If you get drunk, and you rape someone while you're drunk, will you get off for that?

    If someone who is drunk is not responsible for the choices that they make, then it needs to go both ways.
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