A 10 month suspended sentence, because she felt guilty over having an affair. And two men were arrested. At the very least, in this article, they weren't named.
And the case was "exceptional", because she wasn't acting out of spite or malice? You don't accuse someone of rape out of warm and fuzzy feelings for them. Two men were arrested judge. Thanks for telling them that they don't matter, and devaluing their worth.
Helen Dalby's FRA costs her 10 month suspended sentence.
CHEATING wife made up a rape claim to hide an affair – leading to two innocent men being arrested and £3,800 wasted on the police investigation.
Helen Dalby sent a text to her husband to say she had been followed home by a stranger and raped in a bedroom – because she felt guilty about having sex with her lover that day.
She had been having a three-month-long affair with him after meeting through a telephone dating service – and he was later arrested during the police investigation.
Dalby, 35, of St Michael's Road, Grimsby, has been given a 10-month suspended prison sentence – with a single condition that she lives for six months in her own home – for admitting perverting the course of justice between August 14 and 22 by making a false rape claim.
Grimsby Crown Court was told she claimed to police that she had been followed, pushed into her house by a stranger and raped in a bedroom.
The investigation led to hours of wasted police time, costing more than £3,800.
Dalby, the court was told, had shown little regard for the lives of the men who wrongly came under suspicion – and that they could have faced a "nightmare".
Judge David Tremberg told her: "Your lies diverted a massive amount of precious police time and resources from proper duty."
Two innocent men had been "locked up and detained for many hours" during the investigation, he continued.
"They no doubt will have wondered what might have happened to them if this nightmare did not go away," he added.
Judge Tremberg said behaviour such as Dalby's risked weakening the cases of genuine rape victims who came forward – and could possibly lead to potentially dangerous offenders being acquitted.
The prosecution pointed out that in other, similar cases, prison sentences of two years or 18 months had been imposed.
But Judge Tremberg claimed this case was "exceptional" because, unlike the cases of other women who had been jailed, Dalby did not act out of "spite or malice".
Link:
http://www.thisisgrimsby.co.uk/news/Cheating-wife-cried-rape-hide-month-affair/article-1574754-detail/article.html
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9 comments:
ALL false rape accusations are done out of spite and malice for ALL men. End of discussion.
Not enough, sentence wise, but not all bad...
look at the positives.
1/ Helen Dalby is now a convicted criminal, convicted of Perverting the Course of Justice.
2/ This conviction will stay on her record for life.
3/ World + dog can talk about this on the net, publish her name, her photo, her crime.
4/ Nobody can ever issue takedown notices.
5/ Nobody can ever re-write this as a failed rape prosecution of a guilty rapist.
6/ The Falsely accused can lodge an appeal against her sentence, quoting Mr Justice Henriques in the Appeal Court 29/30 October 2009, and ask for this to be increased to a custodial sentence of 2 years.
MOST IMPORTANT OF ALL.
a/ ALL future false rape accused men can point to this (and the MANY other cases like this in the UK in this year alone) in their defence
b/ ALL potential false rape accusers who are exposed to this story (and the MANY other cases like this in the UK in this year alone) will be subject to a chilling effect, however small, but cumulative, before making a false rape accusation.
c/ ALL citizens exposed to this story see yet another nail in the coffin of the presumed moral superiority of the female of the species.
AfOR
"Dalby, the court was told, had shown little regard for the lives of the men who wrongly came under suspicion – and that they could have faced a "nightmare"."
It always nice when people remember this important fact.
"But Judge Tremberg claimed this case was "exceptional" because, unlike the cases of other women who had been jailed, Dalby did not act out of "spite or malice"."
Is total disregard for the potential harm to others really any better? We see so many cases in which women are all too ready to see their lovers go to prison just to cover for their cheating.
I wonder if the troll who was praising Biurny Gonzalez for her "bravery" in the face of suffering from "guilt" in another recent post will chime in here to tell us how wonderful Helen Dalby was to bravely throw her lover under the bus while bravely suffering from the oppressive guilt the patriarchy places upon women who only wish to bravely explore their sexuality through the self-actualization of cheating on their husbands and boyfriends?
Maybe Helen Dalby can be spun into a gender-feminist folk-hero/martyr.
AfOR - "Helen Dalby is now a convicted criminal, convicted of Perverting the Course of Justice."
As AfOR reminds us, at least in the UK they have a charge which actually carries consequences that can be used against those who make FRA's.
Sadly, in many (most) jurisdictions in the States, filing a false report is a misdemeanor. Perhaps the example of the British could be used to push for a similar law here.
When the potential consequence for public urination greatly exceed those for knowingly throwing another persons life into grave peril via an FRA, the system is undeniably "broken".
slwerner said
As AfOR reminds us, at least in the UK they have a charge which actually carries consequences that can be used against those who make FRA's.
Perverting the Course of Justice.
This common law offence is committed where a person or persons:-
(a) acts or embarks upon a course of conduct
(b) which has a tendency to, and
© is intended to pervert,
(d) the course of public justice.
Listed below are some of the ways where conduct is capable of amounting to an offence:-
(a) Making false allegations;
(b) Perjury;
© Concealing offences;
(d) Obstructing the police ;
(e) Assisting others to evade arrest;
(f) Failing to prosecute;
(g) Procuring and indemnifying sureties;
(h) Interference with witnesses, evidence and jurors;
(i) Publication of matters calculated to prejudice a fair trial.
---------------------
I'd be ASTONISHED (esp as it is old Common Law) if USA Law does not have something *very* similar, and a Felony at that.
Which means that what is happening is that DA's are DELIBERATELY charging FRA's with a lesser Misdemeanour rather than the USA Felony equivalent to Perverting the Course of Justice
AfOR
AfOR - "I'd be ASTONISHED (esp as it is old Common Law) if USA Law does not have something *very* similar, and a Felony at that.
Which means that what is happening is that DA's are DELIBERATELY charging FRA's with a lesser Misdemeanour rather than the USA Felony equivalent to Perverting the Course of Justice"
I'd hoped that Pierce would address this one, as he would be the one who would know best.
However, it seems to me that in several cases, it has been noted that in various jurisdictions, a misdemeanor was the most severe penalty available for punishing those who make a false Police report. Now, of course, if they lie under oath, then they are subject to perjury charges.
I certainly wish that a felony charge similar to that Perverting the Course of Justice was more readily available here in the states. Unfortunately, I'm not aware of such a statute.
Obstruction of Justice seems somewhat similar, but seems to have a threshold high enough that simply making a false report/lying to investigators isn't adequate.
Perhaps Pierce will yet weigh in and better explain the issue. I'll also ask about it.
US examples of Obstruction of Justice
* President Bill Clinton was impeached by the United States House of Representatives in 1998 for obstruction of justice charges based on allegations Clinton lied about his relationship with Lewinsky in a sworn deposition in the Paula Jones lawsuit. This made Clinton only the second U.S. president to be impeached after Andrew Johnson. He was later acquitted by the Senate.
* President Richard Nixon was being investigated for obstruction of justice for his alleged role in the cover-up of the break-in at the Watergate hotel during his 1972 re-election campaign. Although it is widely believed that Nixon had no foreknowledge of his re-election committee's "dirty tricks" campaign against Democratic presidential candidates that led to the break-in, he was aware of it after the fact and paid money to keep the participants quiet.
* Former Vice-Presidential adviser I. Lewis "Scooter" Libby was convicted of obstruction of justice in March 2007 for his role in the investigation of a leak to reporters that named a CIA agent, Valerie Plame. His prison sentence was commuted by President George W. Bush in July 2007, just before Libby was about to serve a two and a half year prison sentence.
* Conrad Black was convicted of obstruction of justice in July 2007 for removing 13 boxes containing financial records from his office in Toronto after it had been sealed by a court order, returning the boxes a few days later. Black claimed he had taken the boxes because they contained personal items.
AfOR
Mangina judge finds a reason to fuck men over. It seems like these assholes find any reason they can to do so.
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