Friday, March 27, 2009

Two weeks of hell for man falsely accused, no jail time for rape liar

Comment: In the news story below, a woman falsely accused a man with whom she had consensual relations of raping her because she supposedly was afraid of what her boyfriend might do if he found out.

The man was arrested and subjected to a humiliating interrogation and medical examination.

Approximately two weeks later, the liar recanted. She apologized to the man, and the Sheriff chided her: "By your behaviour, you rendered a completely innocent member of the public to a lengthy and humiliating process."

Her sentence? 200 hours of community service.

Did you get that? No jail time whatsoever.

Let's put that in perspective: if a man or boy continued having sex with a woman for several seconds after she told him to stop, he could go to prison for rape for years.

Did you get that? Several seconds.

This woman put a man through hell not for several seconds but for two weeks. And she gets essentially nothing.

Let's put this in terms no one can misunderstand:

Rape: Male fails to withdraw for several seconds after being told to "stop" = male gets several years in prison.

False rape claim: Female's lie leads to male's detention and two weeks of humiliation and incalculable fear of not knowing if he would serve decades in prison = female gets 200 hours of community service.

By any measure, is that fair? Is that just?

And is there any question why false rape claims are not deterred?


False rape claim girl 'panicked'

A WOMAN who falsely cried rape was sentenced to 200 hours community service at Inverness Sheriff Court this week.

Louise Bain (25) met a man she knew in Inverness and had consensual sexual conduct with him, before panicking and running away, the court heard.

Bain was afraid what would happen to her if her boyfriend found out she had been with another man, according to her defence solicitor John McColl.

She pled guilty to telling two police constables at Northern Constabulary medical suite in Dalneigh that she had been sexually assaulted and raped on September 16 last year by the man and caused officers to devote their time and effort into an investigation which she knew to be false.

The court heard that the police detained the falsely accused man and he was placed in a detention room before a lengthy taped interview took place.

Fiscal Sandy Collie explained that the man was then subjected to a full medical examination before being released.

He said that the man would have had a very worrying couple of weeks until September 29, when Bain, of Yuill Avenue, Buckie, retracted her statement.

Mr McColl explained the man who was falsely accused had acted in the proper manner and stopped sexual conduct when Bain indicated that she no longer wanted to go on.

He said that some of Bain's behaviour could be down to her past, but she accepted that this was a very serious charge and wished to make apologies to the man she falsely accused.

Sheriff Robert Fleetwood warned Bain he could have jailed her but deemed community service appropriate in this case.

He said: "By your behaviour, you rendered a completely innocent member of the public to a lengthy and humiliating process."