Monday, December 14, 2009

A tale of two victims: rape victim's close friend falsely accused cop of sexual assault

Here's a case out of  Massachusetts that may belong in Ripleys Believe It or Not -- but we'll let you decide that for yourself. The case is Commonwealth v. McIntyre, 2009 Mass. App. Unpub. LEXIS 1278 (Dec. 9, 2009).

Kenneth McIntyre was convicted of rape in a Massachusetts trial court, and last week, the conviction was affirmed by the Court of Appeals of Massachusetts.

At the the time of the rape, the victim (name unknown) was a close friend of a woman named Theresa Jefferson.  Fast forward several years.  While Mr. McIntyre was awaiting his rape trial, Theresa Jefferson made what she later admitted was a false allegation of her own that she was sexually assaulted -- by a police officer during a routine traffic stop (because what better way to avoid the consequences of the traffic stop than to falsely accuse the male cop of rape?).

At his trial, Mr. McIntyre tried every argument he could think of to get Jefferson's false accusation admitted into evidence.  The court found no connection between the incident for which Mr. McIntyre was being tried and Jefferson's false rape claim, so it wasn't admitted. Mr. McIntyre's conviction was affirmed.

I am not suggesting the court made an improper ruling.  But here we have a case that underscores the reality of our culture.  We have two victims -- an actual rape victim, and a police officer falsely accused of rape.  Both types of victimization are too common, and there is no inconsistency in asserting that.  The irony here, of course, is that the rape victim was a close frined of the false accuser.  What are the odds that a woman who actually was raped has a close friend who lied that she was . . . . wait, wait, wait.  Hmm.  Come to think of it, it's really not so incredible, is it?  There is nothing at all weird, odd, or unbelievable about this, is there? 

This case doesn't belong in Ripley's after all.  In fact it's just business as usual in our false rape culture, where every one of us probably knows someone who has falsely accused a man or boy of rape.  Even rape victims, like the rape victim here, probably know a false accuser. Both rape and false rape claims are too common.

32 comments:

Anonymous said...

I have heard some unbelievably horrible stories from women who have said that they have been Raped.
Maybe i find then Un-believeable, because they should not be believed.
The bottom line here is,.."They should not be believed, if they never really happened"!!

slwerner said...

"I mean, what are the odds that a woman who claimed she was raped has a close friend who also claimed that she was . . . ."

While it does specifically indicate that FRA Theresa Jefferson's friend wasn't truly raped, one does have to wonder why a woman who's close friend was a rape victim would even think to tell such a lie about a crime which would "hit so close to home"? How incredibly insensitive! Unless, of course, she knew that her friend wasn't really raped either....but, of course, that's just idle speculation - and, as we now know, inadmissible in a court of law.

slwerner said...

"While it does ..."

Oops! Must have been some sort of Freudian-slip. That should read While it doesn't

Anonymous said...

nice~..................................................

Anonymous said...

My initial reaction is that posting such speculation undermines the otherwise fine work of this blog.

That her friend made a false accusation is not any sort of evidence that she also made a false accusation.

Also, considering how common false rape accusations are, the chances of an actual victim of rape knowing someone who made a false accusation are not low. While guilt by association is fundamentally fallacious, knowing a false accuser doesn't even warrant the same suspicion of those associated with rare individuals like terrorists or members of organized crime, as I'm thinking most women are at least acquainted with someone who made a false accusation of rape.

Anonymous said...

I'm Dec 14, 2009 10:07:00 PM above.

After rereading what you wrote, perhaps I took it the wrong way.

Pierce Harlan said...

I actually think the court made the correct ruling. Isn't it strange, though, that a rape victim's close friend was a false rape accuser? Put this in the "it's a small world" category, but the reality is that probably all of us have someone we know who has made a false rape claim.

slwerner said...

Anonymous - "Also, considering how common false rape accusations are, the chances of an actual victim of rape knowing someone who made a false accusation are not low."

It may well be that Theresa Jefferson's friend was raped. If so, that Theresa Jefferson would think so little of the trauma her friend experienced that she would decide that a rape allegation was a good way to get out of a traffic ticket (equating her ticket with a rape) would certainly qualify Theresa Jefferson for an Asshole of the Year Award.

Norm said...

Didn't someone once say,

"A man shall be known by his friends", or "by the company he keeps", or something like that?

Oh wait, it doesn't say 'women' so it doesn't count.

slwerner said...

Pierce Harlan - "I actually think the court made the correct ruling."

No argument there. Simply being the friend of someone who lies about a crime is not direct evidence that a person has not been truthful themselves about being a victim. Even with any other crime (where rape shield would not apply), allowing in such non-evidence could have the effect of unduly prejudicing jurors.

Anonymous said...

Police say disabled woman's rape claims are false

http://www.kmox.com/pages/5866601.php

Anonymous said...

India: Rape Law says 'Yes can mean No'

http://www.merinews.com/article/rape-law-yes-can-mean-no/15789579.shtml

Anonymous said...

Police: Rape, abduction reports unfounded

http://www.marionstar.com/article/20091214/UPDATES04/91214014/-1/newsfront2

N. Ireland: Warrant issued over false rape claim

http://u.tv/News/Warrant-issued-over-false-rape-claim/31d8d6b8-2e8c-4b95-8d50-db69cc4a53a2

UK: Woman sentenced to 200 hours of community service for false rape accusation

http://www.pressandjournal.co.uk/Article.aspx/1515540?UserKey=

Reality Check Blog: 'To End the Campus Rape Epidemic, Let Go of Secrecy'

http://www.rhrealitycheck.org/blog/2009/12/14/to-end-campus-rape-epidemic-let-go-secrecy

gwallan said...

UK double standard...

Drunk men who demand sex from partner should be 'treated as rapists'

Personal anecdote...

One of my sisters found herself in a relationship that was on the skids. She concocted a plan. She offered herself up as designated driver at a particular event. Kept his glass full all night. She later had sex with him while he was basically comatose. Her aim had been to get pregnant. She succeeded. His family, very catholic, made him marry her. Intriguingly she brags about this openly to this day AND does it in his presence.

Is that rape?

Snark said...

Yes, gwallan. She raped him.

gwallan said...

@Snark...

Under UK law?

Maybe HE was the rapist?

The way it's going in that country who's to know.

Anonymous said...

@ gwellan

No, this is a REPORT made by a feminist, at the request of another feminist (Harman) in a bankrupt government that is on the way out.

It is not Law.

The most recent Law on the subject is that jail time is mandatory for false rape accusers, and that 2 years jail time is about right.

Hilariously, this report was compiled by Lady Stern.

Not this one
http://www.ladystern.com/

This one
http://en.wikipedia.org/wiki/Lady_Stern

She is basically a nobody, mouth for hire.

AfOR

slwerner said...

From the list of FRA related items posted - "UK: Woman sentenced to 200 hours of community service for false rape accusation"

I found this part quite telling:

"Campbell’s agent, Diane MacFarlane, said her client had not known either man personally. She had identified one of them by flicking through previous school yearbooks."

Wow, that's right up their with a man having his name picked out of a phonebook to be named (and put on the financial hook) as some welfare skank's baby-daddy.

One never even has to have any sort of personal contact with a woman to be suspected of rape. And, two guy's selected at random, get put through the ringer:

"Fiscal depute Shona Duncan told the court that Campbell’s allegations had meant the men were subjected to medical examinations and lengthy police interviews."

And, we all know what that means...


But, getting back to that list of articles, what we see is that there are just way too many instances of known FRA's to even begin to give the type of consideration each and every one deserves. Steven and Pierce already knock themselves out presenting the relative handful that they do.

I'm starting to suspect that the figure of 2% IS a significant number WRT FRA's - it represents the percentage of known FRA's that get coverage on this site (which is certainly not meant as a knock on our hosts).

The Archivist said...

Funny,

She's too drunk to consent, but he's not too drunk, not to be held accountable. Add this to the double standard list.

Anon,

Thanks for all the links.

Anonymous said...

I'm starting to suspect that the figure of 2% IS a significant number WRT FRA's - it represents the percentage of known FRA's that get coverage on this site (which is certainly not meant as a knock on our hosts).

Not even CLOSE

In the UK alone there are an average of....

100 rapes reported every day.

2 rape convictions every day.

So that would be 98 false rape accusations EVERY DAY if this site dealt with the UK ALONE.

Scale it up to the USA population and that would be...

490 False Rape Accusations PER DAY for the USA alone.

Assuming an 8 hour working day maintaining the website.

Assuming it takes 15 minutes on average to compose and post each story.

Each web dude could post a maximum of 32 false rape accusations per day.

So to cover JUST UK + USA false rape accusations this site would require NINETEEN full time employees.

AfOR

slwerner said...

AfOR - "Not even CLOSE

In the UK alone there are an average of....

100 rapes reported every day.

2 rape convictions every day.

So that would be 98 false rape accusations EVERY DAY if this site dealt with the UK ALONE."


AfOR,

I'm right with you...in spirit.

But, in my defense, I did qualify the FRA's I was referring to as known - meaning those where the truth of the lie has been uncovered, the type that this site prefers to highlight.

Now, we all know that some portion of the 98% of rape charges that do not lead to conviction are, in fact, outright false; but, we cannot be sure which ones they are [and, as we also know too well, some number of convictions come about as the result of false allegations, as well].

So, I never really intended to suggest that this site covers a full 2% of all false rape claims. And, frankly, I was really only intending to make a snarky comment relating to the 2% figure so enshrined by feminists and chivalrous manginas.

Anonymous said...

slwerner, my logic is thus...

1/ The UK police are quite rabid in pursuing alleged rapists, with every case pursued by a specialist team of officers.

2/ The Crown Prosecution Service are quite rabid in charging rapists, again, manned by a specialist team, so that every case that might even possibly lead to a conviction gets the green light.

3/ The Court system and by extension jurors are quite rabid in finding rapists guilty, fully half of all rape cases heard in court end in a conviction by the jury.

4/ There were approx 50,000 alleged rapes reported last year.

5/ There were approx 600 rape convictions last year.

Apply Occam.

No magic statistical analyses, no fancy theorems, no nothing, just logic.

What do you get?

1/ 50,000 alleged rapes were reported to the Police.

2/ the Police investigated all 50,000 and in each case did their damndest to nail the alleged rapist. VAST amounts of time and effort, not to mention the sloped playing field of a police interrogation and all the experts and forensics on one side.

3/ The CPS decided that 48,800 of those 50,000 alleged rapes were so weak that they could not possibly lead to a conviction.

4/ The CPS decided that 1,200 of those alleged rapes might possibly gain a conviction and sent them to Court.

5/ In court, 600 of the 1,200 cases filed by the CPS failed.

======================

There is simply no other possible logical conclusion, other than the demonstrated fact that neither the Police nor the CPS believe that 48,800 of the 50,000 reported alleged rapes are in fact false.

Simply not possible, because of the vast weighting the system has to believe implicitly and prosecute.

It is headline news when the police / CPS fail to charge an alleged rapist, it happens maybe once every 3 months.

In other words, the Police and the CPS, who are THE ONLY ONES WHO SEE AND HEAR ALL THE FACTS AND TESTIMONY, believe that 97.6% of all rapes reported to them are false.

This is so close to 98% it is as near as dammit.

So, by simple logic.

"2% of all reported rapes are false." is an outright lie.

"2% of all reported rape are true." is simple fact.

QED

AfOR

The Archivist said...

AFOR,

While I, like slwerner, agree in part, I don't think you are accounting for the defense attorney or the jury. IF the attorney can introduce reasonable doubt, it's possible for a rapist to walk free. That doesn't make it a false accusation. There are more variables than just police/CPS.

I agree, the false accusation rate is a LOT higher than 2%, but 98%? I find it a stretch.

Anonymous said...

Archivist.

97.6% don't even make it as far as the attorney / jury court.

50,000 = 100% = reported alleged rapes

48,800 = 97.6% = not even believed by police / cps

1,200 = 2.4% = actually believed enough to go to trial

600 = 1.2% = thrown out at trial, your DA / jury portion

600 = 1.2% = found guilty (by definition may include the odd false conviction)

If I had been a feminist, I would not have said...

"97.6% of all alleged rapes are demonstrably false"

I would have said

98.8% of all alleged rapes are demonstrably false.

My logical statistical explanation is the ONLY one that addresses the recent vast spike in alleged rapes.

Other wise you need a mechanism to explain why rape has increased by 5,000% or more in recent years.

AfOR

Veldang said...

AFOR,

While your numbers ring true under the assumptions you make (which are quite possibly true).

Unfortunately the 48K allegations that the police kick out can't be demonstrated to be false.

By that i mean, we don't actually have reports of the police going "this is obviously fact" and tossing it aside. Which leaves an error margin in the calculation.

To err on the side of caution and avoid melodramatic statistics which no one with a brain really takes seriously. (ie: 2% of rape allegations are false, is obviously stupidly exaggerated).

We'd be best to take a more diplomatic approach and say of the 48K, 50% of them were false the other 50% were thrown out because of police bias, unreliable report, administration cock up or not enough evidence.

Even with that 50% there, we still have a staggering AND more realistic (as in, people will listen and think "shit, maybe tat is a possible number!") number for the number of false allegations going on.

Playing down the truth to make it more believable can often be a viable tactic.

In honesty what we need is an actual study into the nature of the rejected 48K.

Veldang said...

"this is obviously false"

good old typos :)

gwallan said...

Thanks for the Stern stuff AfOR.

The story I related is true but my questions are, of course, entirely rhetorical.

Anonymous said...

Unfortunately the 48K allegations that the police kick out can't be demonstrated to be false.

By that i mean, we don't actually have reports of the police going "this is obviously fact" and tossing it aside. Which leaves an error margin in the calculation.


NOT SO.

The 97.6% of all rape allegations that never make it to court are, BY DEFINITION, DEMONSTRABLY FALSE.

1/ The alleged victim is believed as an article of faith.

2/ The SPECIALIST police then do EVERYTHING** in their power to nail the alleged rapist.

3/ ** This means a TEAM of people, EXPERT in the subject, with DRACONIAN powers and with access to forensic facilities the defence could never afford in a million years.

4/ Meanwhile the accused is treated as guilty until proven innocent, has his rights and abilities (seized computer records etc etc etc) DRAMATICALLY curtailed, and is subject to remand or swingeing injunctions.

5/ half a dozen Police can spend all day every day for three months looking for something, anything, to bury the alleged rapist.

6/ meanwhile the alleged victim is in victim support, which generates a ton more paperwork (psych reports, victim statements etc) all of which are also used to bury the accused.

7/ overtime and promotion / career advancement all come from burying the accused, not finding the truth.

If, after ALL THIS BULLSHIT, the police walk away fro it, it is NOT JUST THE CASE that the police do not believe it, it is ALSO THE CASE that the Police know that NOBODY WILL BELIEVE IT.

THE ONLY REASON NOBODY WILL BELIEVE A POOR, FRAGILE, SAINTLY WOMAN was raped by an EVIL, DEPRAVED, PERVERTED MAN is because the alleged story is fucking unbelievable.

eg FULL OF FUCKING LIES.

Remember, I have been there.

I am telling you, as an unwilling lab rat in this social experiment, if 97.6% of alleged rapes never make it to court, there is only one plausible reason.

__AT__ __LEAST__ 97.6% of reported raped NEVER HAPPENED.

Sex might have happened.

Rape did not.

AfOR

Veldang said...

@AFOR

While i agree that most cases are handled this unjustly (more than 50% of the 48K thrown out I'm sure) i was approaching it more diplomatically.

I've had friends on both sides of the story myself. One friend falsely accused, the other raped.

When the second friend reported it, the police took the report, but as of this date (14 months later) have yet to follow up in any significant way.

I'm not saying most cases are treated this way. (Hell, most of them are treated exactly as you described and I've got no doubt of that)

However, having seen the police first hand not follow up on a report, for nothing more than the fact they were too lazy to do so (and very corrupt at that).

This was in Australia, but i doubt the stats differ that greatly between the UK and Australia given the very similar laws.

Once again, I'm not suggesting that all or most of cases that were thrown out were handled like this, but i am stating that some cases are. Hence the need for a little discretion.

If you give the enemies of FRS one scrap that they can attack, they will cling to it with all the energy they have to try and tear it asunder, we need to make our arguments bullet proof.

Oh and my friend (acquaintance really) with the FRA was hounded by police, and i also saw how cold and bastardly they could be, luckily they couldn't find anything on him and dropped the case... Not declaring it "false" but rather "unprovable", while definitely a lie, without the word of the accuser it is almost impossible to prove that fact.

Anonymous said...

If you give the enemies of FRS one scrap that they can attack, they will cling to it with all the energy they have to try and tear it asunder, we need to make our arguments bullet proof.

You are making an assumption that our enemies are reasonable and logical and moral creatures, who do not themselves lie at every opportunity.

AfOR

Anonymous said...

Veldand says
"I've had friends on both sides of the story myself. One friend falsely accused, the other raped.

When the second friend reported it, the police took the report, but as of this date (14 months later) have yet to follow up in any significant way."

ANON says..How do you know that the police are not talking action because they have reason to believe that the rape acussation is simply Un-true.
In todays society, i believe most men cannot get their minds around the fact that alot of women (even women they know)..can and do make false rape accusations. Most Men cannot fathom "why would she do something like that"??

Anonymous said...

The Archivist said...
Funny,

She's too drunk to consent, but he's not too drunk, not to be held accountable. Add this to the double standard list.

Anon,

Thanks for all the links.

Dec 15, 2009 11:20:00 AM
You are welcome Archivist