Friday, June 20, 2008

Rape claim was false, but she won't be charged due to diminished mental capacity

Read the story below. A man was not charged with rape because the police concluded the charge was false. But they aren't charging the woman for making a false report, either, because of her diminished mental state.

Is there a crime other than false reporting of rape where criminals are not charged because of their "diminished" mental capacity? Does anyone think that a man accused of rape would be so easily excused on account of his "mental state"? Again, why the double-standard? And there is a double-standard.

Remember the eight-year-old boy who was arrested several months back for allegedly raping an older girl? Not only would an eight-year-old boy have a "diminished mental capacity" compared to an adult, it is questionable whether he could even achieve and sustain an erection. Yet he was arrested like any 25-year-old man would be, diminished capacity or no.

Crystal Gail Mangum was not charged with making a false report against the Duke lacrosse non-rapists last year because of her mental state, then earlier this year she graduated from college.

Something is wrong here.

We are never going to treat false accusations of rape with the seriousness they deserve until we insist that the crime of false reporting be toughened. That means stiffer penalties and vigorous prosecutions by the police. When we see women blithely excused of any responsibility by police on the basis of their purported "diminished mental capacity," we are simply encouraging more liars to spread their vile fabrications with impunity. And the losers are the innocent men falsely accused.

No charges sought in alleged rape

By Wes Franklin
Neosho Daily News

Neosho, Mo. - No criminal charges are being sought in a local rape allegation after Neosho police investigators determined the claims proved false.

Last week, authorities were called to the Neosho Meadows apartment complex on Laramie Lane, near the city’s industrial park, after a rape was reported to have allegedly occurred in one of the residences there.

According to Neosho Police Chief Dave McCracken, the accuser was a 46-year-old white female of “diminished mental capacity.” The reported suspect was a 48-year-old white male. The two did not live together and there were no witnesses to the alleged incident.

Lab tests verified that sexual activity did, in fact, take place. However, McCracken said further investigation into the case revealed that the sex was consensual.

“We’re going to have the (Newton County) prosecutor review the case, but due to the circumstances we feel it’s a deal where no criminal charges should be filed,” McCracken said.

He also said that because of the woman’s mental state, she wouldn’t be charged with making a false declaration.