*According to the radical feminist sexual assault metanarrative, which has dominated the public discourse about rape for several decades, any assertion that tends to support finding a male guilty of rape is to be believed; any assertion that tends to exonerate a male of rape is suspect and should not be believed. Women must be believed when they say they were raped; men who deny they committed rape are not to be believed; women's recantations of rape claims should be regarded as suspect; and men who confess that they committed rape must be telling the truth.
*The mere allegation of rape by any female, without any other evidence and no matter how far-fetched, invites a man's name to be splashed all over the newspaper, TV, radio and Internet for the world to titillate at the details of his humiliation. Men and boys falsely accused of this vile crime have been beaten and killed and have killed themselves; they've been fired from their jobs and lost their businesses; they've lost their wives, their girlfriends and their long-time friends. Rarely do they ever come out of it whole, and for many, the ghost of a false rape claim trails them for the rest of their lives. In contrast, the accuser retains lifelong anonymity, either by law (UK) or the agreement of news sources (U.S.).
*When a female claims she was raped but a male denies it and claims she's committed the crime of making a false police report of rape, there are conflicting claims of criminality, yet on the basis of no other evidence the male alone is arrested and often subjected to humiliating medical procedures. Even if the male is acquitted, it is most unlikely that any charges will ever be filed against her.
*Rape is treated with a solemnity unique among all crimes, unless the subject is prison rape of males, in which case it's a punchline. The rape of males in prison might be more prevalent than the rape of females in general.
*If a woman's false rape claim has its intended effect, the male might serve a life sentence, depending on the jurisdiction; in contrast, a female convicted of the crime of false reporting of rape will receive a minimal sentence, typically not exceeding two years and usually considerably less -- if she is charged, convicted and sentenced to any jail time at all, depending on the jurisdiction.
*Even if a woman's false rape claim does not have its intended effect, a man who is falsely accused and not convicted nevertheless often serves more jail time than his false accuser.
*Various U.S. states are extending and even abolishing statutes of limitations for rape; in contrast, false reports are often subject to a limited statute of limitations that will bar most claims if the woman's lie has its intended effect and if her fraud is not discovered for several years -- during which time the male is typically serving an unjust prison sentence because of the lie.
*Using polygraphs to test the credibility of rape claimants is verboten. Feminists and sexual assault advocates object to their use on women who allege rape. To be eligible for VAWA funds, states and territories must certify that they prohibit polygraph testing of victims. VAWA provides: "No law enforcement officer, prosecuting officer, or other government official shall ask or require an adult, youth, or child victim of an alleged sex offense ... to submit to a polygraph examination or other truth telling device." In contrast, using polygraphs on men accused of rape is routine, and often if men don't submit to them, even flimsy charges won't be dropped. Moreover, polygraphs are routinely used to insure that sex offenders (predominantly male) are adhering to the terms of their probation, and this is considered sound public policy. A refusal to take the polygraph will land the person refusing in jail.
*The persons who dominate the public discourse about rape insist that the percentage of rape claims that are "false" is limited to those that are categorically declared "false" (e.g., those that are quickly dismissed as patently "false" due to rectantations and overwhelming evidence that they didn't happen) and that the remainder of all rape claims are, in fact, most likely actual rapes. In fact, the opposite inference is more logical. On one end of the spectrum, there are a certain percentage of claims that are very quickly dismissed as "false," due usually to recantations coupled with overwhelming evidence that they didn't occur. On the other end of the spectrum, a small percentage of rape claims end in convictions. In between the obviously false and the claims that end in convictions, the majority of rape claims are dismissed somewhere along the way, often because of some fatal infirmity, including insufficient evidence (which means there was not enough evidence to make out one or more elements of the crime, even if a trier of fact believed the evidence -- hardly a technicality) or the accuser decides not to pursue the claim or the jury just doesn't buy it. To suggest that all of these rape claims that fall between the obviously false and those that end in conviction are, by necessity, "rapes," is dishonest in the extreme (and, yes, that's what radical gender feminists suggest). It is more logical, and just, to assume that most of the dismissed rape claims in this middle ground were not actual rapes.
*In a rape trial the woman is fully protected by rape shield laws that prohibit any admission of evidence regarding the woman's prior sexual history with persons other than the defendant; in contrast, in a trial of a false claim, the male would not enjoy any of the rape shield protections his false accuser enjoyed when he was on trial for rape. His entire sexual history is often "fair game."
*VAWA pays the legal bills of alleged victims of sexual assault. VAWA pays none of the legal bills of men accused of rape, the presumed innocent -- even those who were falsely accused.
*Unlike any other criminal charge, including murder, assault, even planning the World Trade Center attacks, a rape trial in federal court and in various states allows evidence of the defendant's commission of prior offenses (specifically, his prior offenses of sexual assault) to show that he has a propensity for committing the crime at issue. Under this rule, which is unique in all of American jurisprudence and widely condemned by legal scholars, the jury is to be informed of the defendant's prior acts whether or not the defendant takes the stand. Even accusations of prior sexual offenses that occurred years before -- and even crimes for which the defendant was acquitted -- are admissible if the alleged act is proven by just a preponderance of the evidence (far lower than beyond a reasonable doubt). This is sometimes all a jury needs to convict the man or boy of the crime at issue.
*Sexual assault advocates complain that only a small percentage of "rapists" are brought to trial or convicted, and the news media often repeats these assertions as if they were factual. The statistics provided, of course, are culled from polls that count certain incidents as "rape" that are not legally rape; moreover, the statistics assume that the women must be telling the truth in furnishing their answers. The polls from which these statistics are culled typically do not bother questioning males or take their defenses into account.
This list is by no means exhaustive -- please help me add to it.
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20 comments:
It's strange that they claim that the vast majority of rapes are never reported, even though the number of rapes has fallen dramatically over the past fifteen years. If their claims were true then you would expect the number of reported rapes to stay pretty much the same.
Don't forget that it's okay to give serial false accusers a pass because we don't want to discourage rape reporting (like one has anything to do with the other) -- it has nothing to do with keeping the skeletons in the prosecutorial closets!
I've also read that over 35% of the world's rape convictions happen here in the US! Are we really dumb enough to believe that more than one third of the world's rapists just happen to live here? Either every other country in the world tolerates rape or our country is insanely in favor of false rape accusations -- and I find the latter to be far more probable.
Greetings, FRS Posse!
I think you have the makings of a fine e-book here, in this 'primer'!
I was thinking of rendering this into PDF format, and offering it for download. However, I thought I should clear it with you first - in case you'd rather not do that, or in case you'd want to want to add more content first.
Material such as this PROPAGATES, in the wonderful medium of cyberspace! :)
Fidelbogen, of course you may do that -- we would be honored.
I liked this primer so much and, found it so insightful, I printed it. Great job Archivist!
Many of the things that are written in this primer also pertain to other false accusations.
great list.
Something to add: radical feminists are fascist pigs.
"Many of the things that are written in this primer also pertain to other false accusations."
F'rinstance?
Fidelbogen
please provide us with download instructions when you are done. Thanks.
" "Many of the things that are written in this primer also pertain to other false accusations."
F'rinstance?
Assaults and ,depending on your state's definitions for assaults/aggravated assaults.
These are the definitions for each here in Tennessee;
Unlike other jurisdictions, there is no assault / battery distinction under Tennessee criminal law. Basically, what other jurisdictions call a battery is also called an assault in Tennessee. According to Tennessee criminal law, a person commits assault when they:
• Intentionally, knowingly or recklessly causes bodily injury to another;
• Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or
• Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative. Tenn. Code Ann. § 39-13-101 (2007).
A charge of assault based upon the first two bullets above is considered to be a Class A misdemeanor. A charge of assault based upon the last bullet is considered to be a Class B misdemeanor. Misdemeanors in Tennessee are generally scaled from A to C. An A misdemeanor is considered more severe than either a B or C misdemeanor. Likewise, B misdemeanors are generally more severe than C misdemeanors.
It certain situations, an assault may become aggravated. A person commits aggravated assault when they:
• Intentionally or knowingly commit an assault as defined above and that assault:
(A) Causes serious bodily injury to another; or
(B) Uses or displays a deadly weapon; or
• Recklessly commits an assault by causing bodily injury to another, and:
(A) Causes serious bodily injury to another; or
(B) Uses or displays a deadly weapon. Tenn. Code Ann. § 39-13-102 (2007).
This is not an exhaustive list of the different ways to commit aggravated assault. Aggravated assault under the first bullet is a Class C felony. Aggravated assault under the second bullet is a Class D felony.
http://www.tennesseecriminallawyerblog.com/2007/08/tennessee_law_assault_and_aggr.html
" Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or "
Violence by proxy?
June 5, 2009
Defending Rape Cases in Tennessee
On June 2, 2009, a Rogersville, Tennessee, woman testified before a jury that a former Hamblen county Sheriff’s Office Deputy, Dexter L. Morris, raped her in the back of his police cruiser. According to the prosecution, Deputy Morris stopped the victim’s vehicle and ordered her boyfriend to walk home after finding some marijuana. The deputy then allegedly coerced her into having intercourse with him after he threatened her with Tennessee drug possession charges and getting her fired from her job.
If these allegations are true, then the deputy will likely be convicted of rape or aggravated rape. Under T.C.A. § 39-13-503, rape involves the unlawful sexual penetration of a victim by the defendant if the act is accompanied, among other things, by coercion or is otherwise accomplished without the consent of the victim and the defendant had reason to know that the victim did not consent. Thus, under the allegations, it looks like the deputy used his power as a police officer to coerce the victim into having sex with him.
The attorney for the deputy countered with the affirmative defense of consent. Under this defense, the defendant basically admits to having sexually penetrated the alleged victim but asserts that the sexual act was performed with the explicit or implicit consent of the alleged victim. According to the Knoxville News Sentinel, the attorney for the defendant’s theory of the case is that the deputy was not acting as a lawman “flexing his legal might but a man enjoying an illicit tryst with a willing partner.”
This case illustrates what often occurs in Tennessee sex crime cases: the alleged victim’s credibility is pitted against the credibility of the defendant. Such physical evidence as DNA and other forensic evidence, therefore, becomes exceedingly crucial in mounting an effective defense. Moreover, proof of consent requires having an attorney who is skilled in argumentation and who has access to, and makes the best use of, psychologists, character witnesses, and expert private investigation services.
The mere accusation of rape can have a devastating impact on a person’s life in terms of reputation and the ability to keep or get a job. A conviction of a rape also carries extensive jail time, fines and the possibility of having to register as a sex offender. Consequently, if you have been charged with a rape-related offense in Tennessee, it is important that you act quickly by calling an experienced Knoxville criminal defense attorney today.
Posted by Baker Associates
Rape in Tennessee
Rape is an extremely serious crime. If charged, you could be facing a Class B felony conviction, which carries a prison sentence between 8 and 30 years and up to a $25,000 fine.
In Tennessee, rape is defined under T.C.A. 39-13-503 as involving the unlawful sexual penetration of a victim by the defendant under certain specified circumstances. The meaning of “sexual penetration” is quite broad. It not only consists of vaginal intercourse but also includes cunnilingus, fellatio, and anal intercourse. Moreover, penetration also consists of any intrusion, no matter how slight, of any part of a person's body or of any object into the genital or anal openings of the victim's, the defendant's, or any other person's body. Emission of semen is not required for the act to be considered unlawful sexual penetration.
To be classified as rape, the unlawful penetration must also be accompanied by one of the following circumstances:
Force or coercion was used to accomplish the act; or
The sexual penetration was accomplished without the consent of the victim and the defendant knew or had reason to know at the time of the penetration that the victim did not consent; or
The defendant knew or had reason to know that the victim was mentally defective, mentally incapacitated or physically helpless; or
The sexual penetration was accomplished by fraud.
Aggravated Rape in Tennessee
Aggravated rape is an even more serious offense because it is classified as a Class A felony. If convicted, the defendant could be facing between 15 and 60 years in jail and/or a fine of up to $50,000.
To be convicted of aggravated rape in Tennessee, under T.C.A. 39-13-502, defendant must have committed unlawful sexual penetration, as defined above, under either of the following circumstances:
Force and coercion was used to accomplish the act and the defendant was armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it was a weapon; or
The defendant caused bodily injury to the victim; or
The defendant was aided or abetted by one or more persons and either force or coercion was used to accomplish the act, or the defendant knew or had reason to know that the victim was mentally defective, mentally incapacitated or physically helpless.
http://www.joebakerlaw.com/rape.html
*Rape is treated with a solemnity unique among all crimes, unless the subject is prison rape of males, in which case it's a punchline. The rape of males in prison might be more prevalent than the rape of females in general.
This applies to any rape of a male, not just prison rape. It is particularly true if the rape is commissioned by a female.
Anon
that's all very interesting, but I still don't see where the things entailed in assault/aggravated assualt that you mention, correspond much to the list given in the topic o.p. except, perhaps items nos. 5 and 6, and in extreme cases 2 and 3. And for all four of these, it would usually be if a female was assaulted by a male. Even then, it would probably have to be 'aggravated sexual assault' or something of a sexual nature.
Perhaps child molestation would have been a better example. That's about the only one I can think of.
At bottom line, all this stuff has more to do with peoples' psychology (their attitude toward the accused), than it does what jurisdiction they're in.
Of course, when the 'jurisdiction' is the entire Southeast (including Texas), people are worse about this sort of thing, like say when it comes to the formation of angry fascist mobs.
Only the Queen of England has higher status than a Southern woman. That's one reason I got the heck out of South Carolina.
That cop admitted that he screwed her right on the back of his police car after pulling her over? Jesus. Lots of luck defending that.
I was reffering to the fact that a woman can falsely accuse a man of either type of assault. You are correct concerning the Queen of England being the only person considered above southern women. This region is, for the most part, chivlarous ( and I am working like hell to get out of here right away). Society here still thinks that a woman and/or a child cannot lie. In my case the only "evidence" the state had to seek a conviction on me, concerning the agg assault charge, was the woman's purged testimony. If a woman says you threatened her with or without a weapon, as far as the state of Tennessee is concerned, you threatened her. The same with rape and/ or sexual assault, the burden of proof is placed mostly on the male defendant. The prosecutor was a known feminazi and a graduate of Vanderbilt law school where she also attended women's studies. All of this was printed in an article that was printed after she decided to persue convictions against male juveniles.
gwallan, you are correct, of course. I wanted to highlight prison rape because that is America's dirty little secret -- in terms of its brutality, its prevalence and our refusal to care about it. If the genders were reversed, prison rape would be feminists' only issue because it is that much more serious than any issue they bellyache about.
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