Tuesday, August 26, 2008

Girl's false rape claim targets innocent man but she gets no jail time

An innocent man was targeted by a false rape accuser and forced to give a DNA sample, but when the accuser's lie was exposed she was given no jail time.

How will future false rape accusers be deterred if persons like this are not punished more severely?

And the judge wants to know "why" she lied.

With all due respect, your honor, would you care to ask a 16-year-old boy who rapes someone
"why"? I think not. Because we really don't care "why." Nor should we here. Her lie had the capacity to do more damage to an innocent person than a real rapist might have done. Her motive is irrelevant, it is not an element of the crime. The terrifying effect of her lie on an innocent person is all that matters.

HERE IS THE NEWS STORY:

Girl gets probation for fake rape report

A 16-year-old girl who gave police a detailed but fake rape report got 18 months probation Thursday in Sarnia youth court.

She pleaded guilty to mischief by making the July 15 false report.

She lied to police and hospital officials about the rape she had claimed occurred on Sarnia’s waterfront.

“It’s entirely shocking,” said assistant Crown attorney Richard Weatherston.

Following about a week of investigation police determined there had been no rape.

Many hours were spent by investigators, hospital staff and crisis workers that could have been used on legitimate cases, said Const. Bill Baines following the girl’s arrest.

The rape investigation included numerous witness interviews and the collection of DNA from a man. The girl had identified him as the rapist.

He could have faced “serious consequences” due to the girl’s claim that was “all untrue,” said Justice Deborah Austin.

Her false report undermines public confidence in legitimate sexual assault accusations, said Austin.

“The only unanswered question is why,” she said.

Her mother told the court “we don’t understand either.”

Link: http://www.theobserver.ca/ArticleDisplay.aspx?e=1166965