Tuesday, August 4, 2009

To illustrate the double-standard in the way false rape claims and rape claims are treated, we've rewritten a news story

Read the following stories.

The first is a real news story -- another false rape accuser gets a slap on the wrist.

The second story -- which is unthinkable -- is fake. It reverses the genders and shows how absurd it would be to treat a male rapist the way female false rape accusers are treated. Even though men and boys falsely accused of rape often suffer as much as or more than rape victims, false accusers are treated as almost non-criminals.

To drive home the point, ask yourself if the second story would be possible? After you've truthfully answered "no," then ask yourself, why do we tolerate this awful double standard?

THE REAL NEWS STORY:

Mother spared jail in false rape claim

A young Shropshire mother-of-three, who falsely claimed she had been raped by her partner, has been spared a jail term.

Kirsty Smith, 23, was given a suspended prison sentence yesterday after the court heard she had been involved in an abusive relationship. Judge Robin Onions told Smith that custody was the normal sentence for this type of offence which undermined the cause of true rape victims.

However, he said he could take an exceptional course and suspend the sentence due to the failure of the prosecution to provide a full background, the delays in the case and because of Smith’s three young children.

OUR REWRITE:

Father spared jail in rape claim

A young Shropshire father-of-three, who raped his partner, has been spared a jail term.

Kevin Smith, 23, was given a suspended prison sentence yesterday after the court heard he had been involved in an abusive relationship. Judge Robin Onions told Smith that custody was the normal sentence for this type of offence.

However, he said he could take an exceptional course and suspend the sentence due to the failure of the prosecution to provide a full background, the delays in the case and because of Smith’s three young children.
_______________________________

Comment: If our rewrite strikes you as unfair, over-the-top, or simply not a fair analogy, then it is clear you do not read this blog. Victims of false rape claims very often suffer more grievous harm than actual rape victims. Yet the crime of making a false rape report is barely considered a crime at all (as shown by the actual news story here). Men and boys falsely accused of rape 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 since, unlike their false accusers, they do not have anonymity.

If the second incident actually occurred, it likely would be world-wide news and large segments of the world population would be calling for the judge's impeachment. It is tragic and patently unjust, by any measure, that the actual news story does not elicit such a reaction.

12 comments:

Anonymous said...

Yeah, well some of these false accusers are also losers in other areas of their lives, and tend to end up with men who operate at their level. No cause for sympathy even in the unlikely event that it's true.

How long are the courts going to continue to support criminals? Probably as long as criminals are running them.

Archivist said...

For young men who actually rape, does anyone think the judge is going to take into account the fact they were abused? That they are fathers? Why are these factors only relevant for WOMEN?

Anonymous said...

Because our courts hate men, especially innocent men.

slwerner said...

Anonymous - "Because our courts hate men, especially innocent men."

[Part 1 of 2]

I understand that forums such as this give people (men) a place where they can blow off some of their pent-up frustrations with the obvious injustices of the world in which we live. And, I usually just accept such comments as a necessary therapeutic "indulgence".

But, of late, there seems to be quite a bit of this sort of "non-logic", this blindly lashing out at those that some tend to believe are (solely) to blame for sad state regarding the mistreatment of men WRT false rape allegations.

Yet, even as we see more and more stories of injustice (note 1), we are also seeing more and more stories about women starting to be punished for their harmful lies. Yes, it would be better if they were punished more regularly and more in line with what they deserve, yet, it does represent progress.

The problem with law enforcement and the courts is not that they hate innocent men, but rather that years of conditioning due out-date devotion to Chivalry and to the infiltration of radicalized feminism into virtually every sphere of human endeavor; ALL people (men & women) have become inclined to think only the best of women and the worst of men.

The way to deal with this part of the problem in not by “polarizing” it more (making law enforcement the hated arch-enemy), but by educating those very people we blame as to the true nature of how women have come to use false allegations as weapons, as excuses, or for attention. Much of the underlying problem is that far too many in law enforcement, in prosecution, and even those on the bench have been sheltered from an uncomfortable emerging truth – women lie, and blind acceptance of their lies serves to encourage them to lie more.

Yet, as more and more false allegation come to be exposed, that truth is starting to get noticed. One only need to look at the next thread to understand that there are now five patrol officers in San Antonio, TX, who will no longer automatically believe every allegation that a woman makes – no matter how sincere she may sound, nor how much she may wail. And, you can bet that their newfound knowledge will permeate it's way around their precincts and their fellow officers. Sometime all that is needed is a “concrete” example of what is really happening to “educate” those (who most need educating).

Unfortunately, it is a slow process, and will require patience. There will continue to be stories to make out collective blood boil. There will be rogue and/or lazy (“under-educated”) cops, prosecutors, and judges. There will still be plenty of women who shamelessly lie for their own advantage with zero regard to the men who will suffer for those lies.

But, increasingly, thanks in no small part to this site, in particular, word is getting out. Michael Nifong was punished to the maximum extant that he could have been, and his family name is forever ruined. Others who have aided in the “railroading” of innocent men are also being exposed ans punished. And, while it may not seem to be happening enough, nor with enough severity, it virtually never happened a decade ago. But, it is happening more today.

And, bear in mind, most of the allegation that are determined to be false are so determined by the COPS. Read back through the studies of false rape frequency, and you'll find that it is the police who (almost exclusively) are the ones who've found 25, 25, 42 or what ever percent of the claims they've investigated to be false or unfounded. For every report of a false allegation uncovered that we read of on this site, many more are found out, but never reported. Many never even make it as far as an official police report. The cop on the scene feels that the story isn't making sense, and warns the would be false accuser into backing off their lie before it goes any further. Still others are dropped prior to prosecution, with no public announcement nor call to the local press.

slwerner said...

[Part 2 of 2]

Yes, too many men still suffer undeserved consequences from which they can never fully recover. But the fight against false allegations is not with hope – I would dare to say that things ARE already starting to turn.

Of particular note is not just that there are increasing numbers of reports of women being punished for false reporting, but also that often, it is a woman reporter doing the story – often in an entirely unsympathetic way towards the guilty women. Just a couple of years ago, I don't recall female reporters “bucking” the sisterhood and covering such stories – certainly not without a bunch of boiler-plate BS about the harm to rape victims from punishing the liars or undo efforts to try to understand the poor misguide soul who caused all the trouble.

No, things seem to be turning. The idea that women lie about rapes, that harm is done to men, and that women ought to be as readily punished as shown sympathic analysis have been broached. Now, others feel more comfortable reporting the facts as facts.

There certainly still a very long way to go. Up it is looking up guys. Hang in there. The truth is getting out and getting around.

I know it that doesn't provide any comfort to those of you who've either gone through it, or are now going through it. The system is definitely askew, with the notion of “innocent until proven guilty” essentially completely undone. But, if the message can be gotten out to more of those in law enforcement and the courts, perhaps they can be encouraged to take a fresh look at the ways things are being done, and to come to realize the error of their own ways. I., for one, still hold that hope.



Note 1 – Frankly, the reason we are seeing more such stories is precisely because of blogs on the Internet presenting them. This site is no small example of just that. Once local stories are now made “available” for wider consideration, helping to elucidate the fact that false rape allegations are not only extremely harmful, but also anything but rare. Five years ago, I had no idea how pervasive the use of false allegations were, and would have been one of those men “conditioned” to be inclined believe a women, first and foremost. And, it has only been within the last two years that this site has not only provide me with a more complete picture of what is going on, but also caused me to begin to rethink much of what I had always assumed to be true. Getting the information is going to be the key to getting things turned around.

Pierce Harlan said...

slwerner, how come you're not writing for us as a regular poster? Great stuff, man. Very well written.

Norm said...

slwerner,

you are not entirely correct about the police and their attitude. They frequently commit hostile acts largely of their own volition. Nobody's giving them orders to be fascists - except maybe the chief of police, and he's a cop too.

Anonymous said...

All involved in law enforcement,the legal system,the judicial system and, the public should understand why we, the victims of false accusations, are angry and frustrated. If you have even one false accusers living in your community, you are living in a hostile living enviroment for any of the men who reside there. Every man is a potential target for being falsely accused of rape,sexual assault or, any other violent crime. Being a victim of a false accusation that destoyed my life, I live everyday in fear of being falsely accused again. It is hard for me to see any police officer the way I did before two of them aided and abbetted the female criminal who used a false accusation as a weapon to cause me irreparable harm while ignoring my complaint that could have been validated had they performed an investigation to find the weapons I indicated she and her ilk used to threaten my life. When law enforcement and the legal and judicial systems allow themselves to be used as weapons against an innocent person, they should understand why the men they have wronged feel the way they do. I have spent over a year trying to educate people as to how laws that are supposed to be protecting us and maintaining order, can be used against anyone. I lost a promising career in the U.S. Army because of the liar and those who helped her destroy my life. Has anyone heard the term violence by proxy?

Norm said...

good last post anon.

Perhaps the most simple way to look at it is it is a combination of a violence by proxy as you mention, along with fascist mentality, which for the police consists of being overly agressive, and for the courts being misandric and hostile of their own volition (remember, feminism is not the only source of misandry, so it is not all an issue of feminist influence on the courts - although that certainly is a major component of the problem.)

slwerner said...

Norm - ”you are not entirely correct about the police and their attitude. They frequently commit hostile acts largely of their own volition. Nobody's giving them orders to be fascists”

Norm,

I'm not claiming that the police and prosecutors are without their faults in all this. But, I do believe some of you guy's are seriously overstating the malfeasance angle.

This is such a complex subject matter that I fear I cannot devote adequate time to adequately address all that needs to be examined herein.

But, I will try a short, overly simplistic reply:

As background to the rest og my remarks here, I'd like to point out that in order to protect men from, and throughout the arduous process of, false rape allegations, there are four “entities” who MUST be addressed.

First, there are the false accusers. They need to be dissuaded from their lying courses by both fear of punishment, and by appeals to their “human” side by reminding them of the damage they are doing to the men they falsely accuse. The least damage to an accused man is done when allegations are recanted quickly.

Secondly, there are the cops, who, like it or not ARE the ones who will (hopefully) be investigating. I would remind everyone once again that the majority of the false allegations (as we are made aware) are found out BY THE POLICE. [I cannot state the obvious enough, it seems, as some of you are bent on convincing yourselves of some mass conspiracy by cops to always and only railroad innocent men].

The simple reality of the role that the police will play in the broader issue of correcting the injustice of false rape allegations will be maximized by having them as our ALLIES – not as our enemies (this is something I hope to get back to in a much more in depth way as time allows). By, far a simple summary – cops are only human, they, like everyone else are subject to that unholy convergence of antiquated Chivalry and feminist BS that leads the majority of ALL people to think men are guilty and women only victims when it comes to sex crimes. Just like the public at large, they need to be educated as much as(and I believe far more than) they need to be condemned. [I'll no doubt be getting flamed by the cop-haters who seem to be a growing presence on this forum – but I do hope the rest of you who can make more rational judgments will consider what I am proffering here]. The second least damage to an accused man is done when the police conclude that the allegations are false or unfounded.

Third, there is the lawyers (and I'd included judges). Untold numbers of rape and sexual assault charges are dropped well before they ever reach trial. Through negotiations and investigations, it is often determined that here is either sound reason to doubt the allegations or simply insufficient evidence of a crime to proceed. The third least damage to an accused man is done when charges are dropped prior to trial.

Lastly, we come to the juries. Ironically, this is where falsely accused men stand the best chance. Jury convictions for sex assaults and rapes (other than aggravated forcible rapes) are the least likely on virtually any crime charges brought to trial. (This is largely due to the high numbers of “he said, she said” type of cases which prosecutors find themselves compelled to take to trial – I wish I had the time right now to go into much more detail on this as well). But, the second irony is that it is at this point that the most damage that can be done to a false accused man will be done. An acquittal by a jury almost never translates into the belief of his innocence by the public, in general. (again, there is SO MUCH more to say about this aspect, but my time is unfortunately short).

I fear that this post will prove inadequate in fully addressing this very complex issue, and I'm sure I will no doubt fire the anger of more than a few by posting it.

I will not be able to respond for several hours, so I will let the flames begin, and try to address/ explain further later.

The Archivist said...

slwerner,

Great thoughts. For those that do want to put the majority of the blame on police, keep in mind, they, due to VAWA, etc., are more or less forced by those above them to blindly move forward. Our elected officials in Washington are more deserving of our contempt than anyone.

Education is the key. For many years, the 'rape industry' has been hard at work educating (mis-informing?) EVERYONE, on what the true numbers/percentages of false accusations are, and that 'women don't lie about rape'. It will be a slow process (it took 40 years to get to this point), but, like slwerner, the tide is slowly shifting back to center with cases like:

1. Tawana Brawley
2. Duke
3. Kobe Bryant
4. The above mentioned post with the cops who were accused.


Getting the message out is the first step. The next step is to get as many people as you can, educated on what the true numbers are. When you see legislation making prosecuting rape easier, do you contact your local/state/federal representative? Do you get your friends/family to do the same?

For those who have been falsely accused, while I know it is difficult, please, try to talk openly about the experience.

I think I can speak for Pierce on this, but we would be happy to post your story on this site, if you are willing to share it.

What most of this boils down to, is that law enforcement will be our biggest ally in getting things back to center.

I understand the anger and resentment that is out there, and I certainly don't wish to discourage people from venting that, but channel it to constructive purposes.

A quick question....how many of our readers bothered to email the reporter in This Article?

If you didn't, why? It is vital that all of us who wish to fight the injustice of a false accusation, get involved. Even if it is just an email asking a reporter why they insist on spouting incorrect information. Education is the key. And the only way to educate people, is to talk to them. It doesn't matter if it is face to face, email....whatever, but too much mis-information has been desseminated for too many years, for things to change quickly. But it must start somewhere.

Do what you can.


All the best,

E. Steven Berkimer

slwerner said...

I'd like to continue my rant, but I'll move it over to the http://falserapesociety.blogspot.com/2009/08/another-barbaric-idea-from-harriet.html thread, as somethin noted by Pierce in the comments doe-tails nicely with where I'm eventually going with all this.