Thursday, August 28, 2008

Horrific story: A completely innocent man, nowhere near the scene of the alleged rape, is arrested due to a woman's rape lie

The story below is "must reading." It underscores the single most horrific reality of false rape claims: a completely innocent man or boy who is nowhere near the scene of an alleged rape can be falsely accused, arrested at his home, humiliated to the point that he must leave the country for a time -- all because a false accuser picked him at random. This is a fact we do not like to think about: virtually no man or boy is safe from a false accuser's random lie.

In this story, a young woman falsely accused a cab driver of raping her. If there was a motive at all, it might have stemmed from a desire for revenge over a fare dispute that occurred the week before. She was charged with perverting justice and refused to recant until the trial had started.

Of course the identity of the victim of this foul crime is splashed across the newspaper and the Internet for the world to titillate to the details of his humiliation. Why no anonymity for him?
One especially repugnant aspect to this case is the rationale of defense counsel in arguing that the young woman should not be given a jail sentence:

"The prospect of a custodial sentence is frightening for her," said Miss Morris. "She has put herself in the position where her child will be without the mother. Of course, many people would say well, tough, that is your doing. You have brought this on yourself and must face the consequences. What she did was thoroughly reprehensible. But it has not been every case where a woman who has cried rape has gone into custody."

Did you get that? Let's examine it carefully:

Jail would be "frightening for her."

As if it were not frightening to other criminals? Um, Miss Moore, perhaps that's the idea? You know, to punish this false accuser and to deter others from doing this again to some other innocent man or boy? If jail were not "frightening" to her -- and to everybody else -- what would be the point?

She's a mother.

As are many false accusers. This is, after all, a crime predominantly committed by young women. And many rapists are fathers, but the state has no problem sending them away to prison for decades to protect society, to punish the wrongdoer and to deter others, even though it means the wrongdoer's children will be without a parent that every study on the subject says is crucial to a child's well-being. So why is this particular crime, where a woman falsely accused a man of rape, any different?

"But it has not been every case where a woman who has cried rape has gone into custody."

Oh, I see why it's different -- because society often gives false accusers a free pass for their crimes. And that is correct -- we do not punish false rape claims with anywhere near the severity they deserve. But that doesn't make it right, and there are many of us trying to change it.

One must suspect that a primary reason for the jail sentence imposed on the young woman here was her refusal to recant early on. Early recantations are encouraged with lighter sentences and often no charges brought. The fact that this young woman waited so long justifies a significant jail sentence. Eight months is less than she deserves but is sufficient to punish her and to deter other liars.

It might just "frighten" her enough never to do this again.

HERE IS THE NEWS STORY:

Binge-drinking mother jailed after crying rape against devout Muslim taxi driver

Last updated at 9:42 AM on 25th August 2008

A binge-drinking mother has been jailed after falsely accusing an innocent taxi driver of raping her.

Joanne Rye, who kept up the lie for 20 months, was told by a judge her behaviour was despicable and was handed an eight-month prison sentence.

The mother-of-one caused great shame and disgrace to devout Muslim Sherekhan Kali and his family after claiming that he dragged her down an alleyway and assaulted her.

Maidstone Crown Court heard Rye, then 18, was known as a troublemaker and had been banned from using the All Night Car Hire in Dartford, Kent where Mr Kali worked.

The court also heard the week before she made the rape allegation, she had used racially insulting language to Mr Kali.

Valeria Swift, prosecuting, said Rye was very drunk and was taken to hospital claiming she had suffered an asthma attack on the night of October 21, 2006.

Ms Rye became aggressive and police were called and it was then she made the rape claim, giving a detailed account of the attack.

She claimed she was waiting for taxi in Dartford when she was grabbed and a pellet gun was fired into her kneecap.

She said her attacker then dragged her into an alley and raped her.

But she said there would not be any DNA because he had used a condom.

She also told how she had recognised Mr Kali because he had taken her in his taxi a week before.

The part-time cabbie was arrested at his home and taken to the police station where intimate samples, DNA and fingerprints were taken.

His boss Nicholas Morris confirmed that Ms Rye had been banned from using the firm's cabs because of racist abuse to drivers.

Miss Swift revealed a check of the satellite navigation system in Mr Kali's cab showed he had been nowhere near the area where Rye said she was attacked.

CCTV footage of her drunken behaviour on the night she said she had been raped also proved it could not have happened in the way described.

The prosecutor said the only motivation for the false allegation was the incident a week earlier when the fare was disputed.

Rye continued to maintain she had been raped up to the first day of her trial in June, accused of perverting the course of justice.

Miss Swift said of Mr Kali: 'This case has had a very profound effect on him indeed.'

Sarah Morris, defending, said Rye, now 20, would go out and get drunk, smoke cannabis and behave in an anti-social manner.

But she had since settled down with a boyfriend and had a child, now aged five months.

'The prospect of a custodial sentence is frightening for her,' said Miss Morris.

'She has put herself in the position where her child will be without the mother.

'Of course, many people would say well, tough, that is your doing. You have brought this on yourself and must face the consequences.

'What she did was thoroughly reprehensible. But it has not been every case where a woman who has cried rape has gone into custody.'

Miss Morris said Rye, who worked in catering for the elderly, knew her boyfriend was not equipped to deal with a young baby. Her mother would have to give up her job to care for the child.

But jailing Rye for a 'modest' eight months, Judge Crawford Lindsay, QC, said he had no doubt the matter was so serious there had to be an immediate prison sentence.

'I consider this to be a despicable offence,' he said. 'You made an allegation that this entirely innocent taxi driver had raped you.

'It was fully investigated with the consequences that police time and doctors' time was wasted in the investigation.'

It was not until the first day of her trial in June this year that she 'faced the inevitable' and owned up.

'This is a case where the victim is a strict Muslim, who regularly attends to his beliefs and prays regularly,' said Judge Lindsay.

'At the police station, intimate samples were taken. Having another female touch a part of his body is forbidden. It would bring shame on his family. As a consequence, he left this country for a period.'

When he returned to work, Mr Kali was frightened of having women in his cab and would go home.

'So we have a man of blameless character who is subjected to your dishonesty and trumped up allegation,' said the judge.

'It is clear when you are in drink, you are loud-mouthed. You have a young child but that is a matter which does not in my judgment prevent a penalty for an allegation that is easily made and had a serious effect on the victim.

'He suffered the suggestion there is no smoke without fire.'

Link: http://www.dailymail.co.uk/news/article-1048754/Binge-drinking-mother-jailed-crying-rape-devout-Muslim-taxi-driver.html