I was just reading the story of Brian Banks, a teenager with the potential for a football career, who was accused of raping a teenage girl and ended up spending years in prison despite his pleas of innocence. Years later, the girl confessed that he never raped her and he was acquitted of all charges. His story can be found here: http://joeysalads.com/falsely-arrested-for-rape-life-ruined/
Given the penalty for rape in the US can carry up to a life sentence, not to mention absolutely ruin someone's life, should those who make false accusations of rape be subject to jail time?
Ethically, yes. However, if that was the case for example this girl could / would not have come clean and the innocent lad would remain jailed
If discovered as a lie without the girl coming clean, it should mean serious jail time
I thought about that as well - that the girl would not have fessed up had there been a consequence but there has to be a deterrent for falsely accusing someone of rape considering the long standing and life impacting consequences of a false allegation. If rape holds such serious legal consequences (as it should) so should falsely accusing someone of it.
What should the consequences be for those who fess up to falsely accusing vs those who don't?
There is already a crime for false reporting.
What happens when you have a person who takes a plea bargain though which is essentially admitting guilt?
Still a false report.
Also, indictable offences must go through a preliminary hearing, where the evidence is produced on oath.
Thus, to gain a conviction for rape, the complainant must have committed perjury.
So you say throw the book at her?
The police can charge her with falsehoods, but the real money is for the falsely convicted to sue her civilly...a much underused way of getting real justice.
You can't get money from a stone.
But you CAN get her house, car and valuable effects so that's she's got the clothes she stands up in and nothing more.
...and of course, you can get government compensation.
Quote from: "RW"
Given the penalty for rape in the US can carry up to a life sentence, not to mention absolutely ruin someone's life, should those who make false accusations of rape be subject to jail time?
False accusations should have serious consequences.
Quote from: "RW"
Given the penalty for rape in the US can carry up to a life sentence, not to mention absolutely ruin someone's life, should those who make false accusations of rape be subject to jail time?
I thought this was going to be about Jian Ghomeshi. Then again, he was not charged with rape.