Friday, January 30, 2009

Woman gets 15 months for forcing girl to lie about rape, causing man to be jailed, suffer mental ordeal

Woman jailed after forcing teen to make up rape allegations

A WOMAN who threatened a pregnant 16-year-old girl into making false rape allegations has been jailed for 15 months.

Judge Keith Cutler said in Salisbury Crown Court on Friday that there were many victims of Victoria Spreadbury’s crime – perverting the course of justice.

Spreadbury, 21, of Friary Lane, Salisbury, told the girl she would be beaten until she lost her baby if she did not make allegations of sexual assault and rape against a man Spreadbury hated.

The frightened girl made the false allegations to police in September last year, causing the innocent man to be arrested, interviewed and held in custody for 22 hours before he was released on bail.

The court heard he had to speak to a mental health expert, was prescribed anti-depressants and had to be signed off work, because of the ordeal he was put through by Spreadbury.

The teenage girl returned to the police station two days after the man was interviewed and admitted that she had lied because she had been threatened.

Katy Longan, defending, said Spreadbury had pleaded guilty at the earliest opportunity, had made full admissions in interview and the whole matter was resolved in ten days.

She said her client had a troubled upbringing and turned to drugs – heroin, crack cocaine, ecstasy and amphetamines – at a young age, and that she had self-harmed and tried to kill herself in prison.

Judge Cutler said Spreadbury had caused an innocent man to face the threat of many years imprisonment and a young girl to live in fear for her baby’s life and to deal with the feelings of guilt and remorse for falsely accusing a man of rape.

“The third victims of your crime are the real people who suffer these sorts of crimes because people then start to think, perhaps all people making these accusations are liars. Your actions have all that impact onto others – there are so many varied and different victims to this crime.”

He sentenced her to 15 months imprisonment, with credit given for the days she has already served.

Link: http://www.salisburyjournal.co.uk/news/salisbury/salisburynews/4078984.Woman_jailed_after_forcing_teen_to_make_up_rape_allegations/

Thursday, January 29, 2009

Jail for woman who owned up to false rape allegations

"A MOTHER who claimed she was the victim of a brutal rape, sparking a manhunt involving up to 40 police officers, has been jailed after admitting she made up the allegations."

"Emma Louise Goodwin, 25, was sentenced to eight months in prison after a court heard the claim was a cry for help when she feared her relationship with her boyfriend might be over."


So to try to fix what appears to be a broken relationship, you make up a story about being raped? This seems like an idea doomed to failure from the start. Unfortunately, someone unrelated to either Ms. Goodwin or her boyfriend was caught up in the fabrication.

"Goodwin provided an e-fit of the suspect, leading to the arrest of an innocent man who was held in custody overnight and released on bail."

Interestingly, the man who was arrested was not named. And to his good fortune, he was released the next morning. However, what terror did this man endure during the night, wondering why he had been arrested for something he did not do? This, sadly, is one of the things that dispassionate outsiders bother to talk about when contemplating the subject of false rape -- the mental and emotional toil that the falsely accused must suffer, not knowing if the truth will prevail.

The judge in the case, James Barry, while acknowledging the less-than-ideal life of the accuser, made the following statement:

"Everyone must know that this sort of sabotage of the justice system, the squandering of public resources and endangering the liberty of an innocent man results in imprisonment."

While 8 months may seem like a light sentence, owing the the quick recantation by the accuser, its seems an appropriate and fitting sentence.

The true victims, in this case, are an innocent man, and an equally innocent 7 year old girl, Ms. Goodwin's daughter.


link:
http://www.yorkshirepost.co.uk/news/Jail-for-woman-who-owned.920899.jp

Wednesday, January 28, 2009

False Rape Report Upsetting Campus

In December of this last year, the student newspaper at George Washington University ran a story of a rape that took place on campus, claiming that two young black men raped a white student at knife point.

The campus police called the D.C. police. The only problem? The sophomore, Mariam Kashani, who was the paper's main source, made up the story. The following day, a lawyer for Ms. Kashani called the campus police to say that she had fabricated the report.

One wonders, why would this individual felt she needed -- and already had -- an attorney? Could it be reasonably concluded that she knew what she was doing was in violation of the law?

As disturbing as this false claim was, at least no one was arrested. The statement by Denise Snyder of the D.C. Rape Crisis Center in the article was both correct and very wrong:

"She did a lot of damage...It was an incredible fabrication. The whole business reinforced all the myths. The myth of false reporting for one."

One can assume she is referring the the 2% false reporting claim. The only problem is, that the 2% figure itself is the myth. Studies have shown that it is likely between 9% up to as much as 50%.

Lashahn Toatley, treasurer for the Black People's Union on the campus, stated:

"The incident would lower the credibility of any genuine rape victim."

This is an important point. As more and more false claims come to light, any time a claim of rape occurs, the credibility of said claim will be questioned. False claims must be punished, to keep the true victims believable.

As for Mariam Kashani's punishment? Linda Donnels, acting dean of students for the college has indicated that the case is being investigated and she expects some charges of violating the student code to be brought against the woman.

You can read the story here:

http://query.nytimes.com/gst/fullpage.html?res=9C0CE1DE103CF931A25751C1A966958260&sec=&spon=&pagewanted=1

First rape claim at Anderson Univ. turns out to be false

A few comments about the following news story: The false rape claim recounted in the story was the first report of sexual assault on the campus of Anderson University in 20 years. Note that 900 of the university’s 2,000 students live on campus, including about 540 women. If the feminist claim that one-in-four college women are raped were correct (some claim it's one-in-four freshman college women and some put the number at one-in-four before Thanksgiving during freshman year) -- then THIS is underreporting of Biblical proportions. In fact, as demonstrated over and over again -- see The Campus Rape Myth and Researching the 'Rape Culture' of America -- the one-in-four claim is not true.

Sadly, the report of a false rape claim on a campus where rape simply is not a problem is used by the media in the story below as an occasion to raise awareness about an entirely different crime: rape. This is typical. Following the false rape claim, university students were given the option of seeking campus escorts 24 hours a day, and there is no indication that this option has been rescinded in light of the evidence that it is not necessary. And, of course, the article quotes a sexual assault counselor: “Sometimes, persons under emotional duress do things that we do not understand. When a false report of sexual assault is filed, the incident usually garners a tremendous amount of negative media attention." The implicit suggestion in that statement is that false claims receive more publicity than they deserve, presumably more than genuine rape claims. That, of course, is utter nonsense. The necessity for this Web site arises out of the fact that these claims get buried deep in the news (with the exception of the Duke lacrosse case.) Moreover, there is no basis to draw that conclusion based on Anderson University. Anderson, after all, has had a false rape claim, but has not had a rape claim -- true or false -- in decades.

Authorities now seek criminal charges against Anderson University coed

ANDERSON, SC — A student at Anderson University now is expected to be the focus of a warrant that accuses her of making a false statement by telling authorities that two men abducted her from near the campus Thursday and assaulted her.

Randall Williams, spokesman for the Anderson police, said police plan to charge the 18-year-old woman with making a false complaint, according to a statement released around 12:45 p.m. Friday.

According to a report filed Thursday, the student told police that she was abducted around 1 a.m. Thursday near the university’s soccer field near Calhoun Street and taken to another location, sexually assaulted and returned to campus roughly an hour later.

“The investigation revealed that this incident did not occur as it was reported and that no kidnapping or criminal sexual conduct took place,” Williams said through the release.

Security for students at Anderson University was stepped up Thursday morning after the student filed the report.

Reached by telephone Friday, Williams said the student’s name would not be released this week.

“Any additional information will be issued after the first of the week,” he said.

A warrant for making a false statement has not been signed by a judge, and the student is not in custody, said Williams, who indicated that the student is not considered to be a fugitive.

Williams could not immediately say Thursday why police issued the press release Friday prior to making an arrest.

Barry Ray, the university’s director of marketing and communications, said the university would make no comment on Friday and would leave the responsibility with the police.

Any disciplinary action by the university would be addressed at a later date, Ray said.

Following disclosure of the alleged kidnapping and rape, Ray said university students have the option of seeking campus escorts 24 hours a day.

According to information provided by Ray, about 900 or the university’s 2,000 students live on campus, including about 540 women.

The incident Thursday was the first report of a sexual assault on the campus in 20 years, he said.

Friday, Ray said he had no information that would indicate if there was a higher than normal level of requests for escorts after Thursday’s report.

Fay Brown, the executive director and chief professional officer of Foothills Alliance, issued a statement Friday about the situation. Foothills Alliance serves Anderson and Oconee counties offering prevention, intervention, and support services to survivors of sexual assault and child sexual abuse.

“Foothills Alliance regrets hearing that a false report of a rape was made by an Anderson University student,” Brown said. “Sometimes, persons under emotional duress do things that we do not understand. When a false report of sexual assault is filed, the incident usually garners a tremendous amount of negative media attention.

False reports should never impact the credibility of the hundreds of victims of sexual crimes, both child and adult, that we serve each year at Foothills Alliance, cases that do not generate publicity, but that are real and life-altering for the victims. We seek the community’s help in supporting victims of crime, and we applaud the Anderson Police Department for their efficient and professional handling of this case.”

Link: http://www.independentmail.com/news/2009/jan/23/authorities-now-seek-criminal-charges-against-ande/

Update: the young woman has been arrested, and her name revealed.

Student Accused Of Filing False Rape Report Arrested

ANDERSON, S.C. -- The 18-year-old Anderson University student who police said made up a story about being abducted and sexually assaulted last week was arrested Monday, police said.
Heather Nicole Funkhouser is charged with filing a false felony report.

Anderson Police said that Funkhouser told police on Thursday that she was abducted at 1 a.m. by two men who took her off the university campus, assaulted her and then dropped her off.

Police said that investigators determined that this incident did not happen as it was reported.

"She was confronted with the inconsistencies and recanted the previous statement," Anderson Police spokesman Randall Williams told WYFF News 4. "I cannot even begin to estimate the amount of time that was spent -- as far as manpower hours, as far as investigation, uniform patrols, the security and all the manpower hours that were put in there for the students at the college."

Funkhouser is scheduled to have a bond hearing at 8 a.m. on Tuesday.

If convicted of filing a false felony police report, Funkhouser could face up to five years in prison and $5,000 fine.

Link: http://www.wyff4.com/news/18567437/detail.html

Tuesday, January 27, 2009

Girl's false rape claim won't be charged due to her youth

In the story below, a "young girl" will not be charge for a false rape claim because of her age. Suppose the lie had led to an innocent male being arrested -- even convicted? Would she be charged then? The fact is, the lie might have had that effect. In 2007, in a celebrated "rape" case, an eight-year-old boy was arrested and shackled for alleged sexual assault (as if that were possible). I heard no one suggest he would not be charged because of his youth.

Double standard? Of course.

Santa Maria minor rape deemed a false report by police

Santa Maria police say a young girl was lying when she reported she was kidnapped and sexually assaulted over the weekend.

The girl told investigators the attack happened Saturday evening, near the parking structure of the Santa Maria Library on McClellan Street, right in front of the police department.

This story had people in Santa Maria shocked and scared. Now it investigators are saying it was all a lie.

The young girl told investigators it was here that two men abducted her. Her story was elaborate. She said she was blindfolded and thrown in the back of a car, possibly a newer model black Honda Accord.

The girl then told detectives the men drove her to the area of Boone and Smith streets, and molested her.

At the time, investigators had no reason to believe the girl was lying. They now say they have proof her story wasn't true.

Unfortunately it's not the first time someone has filed a false sexual assault report with the Santa Maria Police Department.

A similar claim was reported to them in January of 2006 when a woman lied and said she had been raped in the mall parking lot.

"We had an allegation of a sexual assault in the mall structure which is across the street and we found out that that was not true," said Lieutenant Dan Ast of the Santa Maria Police Department, referring to the incident in 2006.

When asked whether it could Sunday's case could be untrue, Lieutenant Ast replied, "Anything is possible, but we treat everything as a crime that it actually did occur until we find out otherwise."

The story, which police now say was fabricated, had the whole community on edge.

One Santa Maria resident who didn't want to appear on camera had this to say: "I think it's outrageous that people can hurt other people like that. It doesn't make sense to me."

Investigators say that the community can rest easy knowing that the attack never happened.

Because of the girl's young age, investigators say they don't plan to press charges against her.

Investigators now say they consider the case closed.

Link: http://www.ksby.com/Global/story.asp?S=9736722

Sentence suspended in false rape case

Crown distances case from later stabbing

An 18-year-old woman who twice falsely reported being raped by an unknown black man last summer received a suspended sentence and 18 months probation Thursday after serving 58 days in jail.

April Ibbotson, of no fixed address, pleaded guilty to mischief by misleading police to believe she had been sexually assaulted June 21 and again July 24, both times in Owen Sound.

The claims prompted a week’s worth of wasted police time and came within weeks of the near-fatal beating and stabbing of a black man wrongly accused of rape in downtown Owen Sound in late July, Crown lawyers handling the case have told the court.

Ibbotson also pleaded guilty to failing to attend court Nov 6. She turned herself in Nov. 11 and had been in jail since.

Thursday she was sentenced in the Ontario Court of Justice and was released.
Justice Julia Morneau considered the young woman’s difficult past as presented by defence lawyer Jill Gamble. Gamble referred sparingly to details in a presentence report but did say Ibbotson has endured sexual abuse and suffers from addiction and “significant physical ailments.”

“You have mental health and addiction issues,” Morneau told Ibbotson. She expressed hope probation will help her.

Her order contains terms for assessments and counselling, bans alcohol and drug use unless by prescription and limits the people with whom Ibbotson may associate.

Assistant Crown attorney Peter Leger joined the defence in recommending the sentence, which counted Ibbotson’s jail time double, the equivalent of almost four months.

Leger said of Ibbotson’s false accusations of rape, “perhaps it’s understandable” given her background. He noted police think she needs counselling.

Leger also took pains not to blame Ibbotson for the stabbing, which is alleged was fueled by mistaken accusations the victim had raped someone. “I’m not suggesting she caused anybody’s injuries because of the false reports,” Leger said. He blamed the “rumour mill in downtown Owen Sound.”

Leger said though assumptions could be made, there was no evidence that the rape allegations made against the victim of the stabbing referred to Ibbotson’s rape claims.

A trial in Superior Court is scheduled to start Feb. 2 before a judge alone for four young men charged in the July attack on a 42-year-old black man on the city’s main street.

William Werner, 23, of no fixed address, Cody Doherty, Shawn Dyer and Blaine McEachern, all 19 and all of Owen Sound, face charges including two counts of assault with a weapon, aggravated assault and robbery. All remain in jail.

A 17-year-old girl already pleaded guilty in youth court to assault in the main street incident that led to the beating and stabbing. She received two years probation. She can’t be identified under rules governing young offenders.

Police say the victim was falsely accused of rape by a female hours before he was approached on main street by the 17-year-old, who had been drinking. She hit and used racial slurs against him while he called police on his cellphone and defended himself, police said.

Police said the 17-year-old summoned help from a nearby apartment.
Witnesses saw five or six men beating the victim. He was rushed to hospital in a cab and underwent emergency surgery. He had been stabbed at least once in the chest.

Link to the story is here:
http://www.owensoundsuntimes.com/ArticleDisplay.aspx?e=1379512

Monday, January 26, 2009

The presumed innocent deserve protection, regardless of their gender

We don't know what happened in this case out of the Boston area, but a woman has been accused of statutory rape and has had her reputation destroyed in the media based on an untried allegation. A "trial" on a rape charge in the media where the "evidence" is always stacked in favor of the accuser is never just, regardless of the gender of the accused. Just as presumed innocent males should have their identities protected until a conviction, so should presumed innocent females.

Ex-teacher charged with rape

Accused of having 2-year relationship with teen she knew

BROCKTON - Police described a former Abington elementary school teacher yesterday as an obsessive predator who allegedly seduced a 13-year-old boy and carried on a sexual relationship with him for nearly two years.

Christine A. McCallum, 29, had become like a surrogate mother to the youngster, who was being raised by a single father, Plymouth County prosecutors said yesterday. The relationship allegedly progressed to snuggling and kissing after McCallum plied the boy with alcohol. Then on Feb. 7, 2006, she allegedly had sex with the boy for the first time, said Michael Scott, Plymouth assistant district attorney.

The boy, who is now a 16-year-old student at Rockland High School, told police that over the next 21 months he and McCallum had intercourse about every other day, for a total of "approximately 300 times," according to a police report filed yesterday in Brockton District Court. She gave him a cellphone so they could communicate, authorities said, and wrote him a series of letters that, while not overtly sexual, depicted an obsessive woman in the throes of an intimate relationship.

"We truly believe that this person was a predator," Abington Police Chief David G. Majenski said at a news conference. "I would hope there are no other victims, but I certainly wouldn't rule it out."

Defense lawyer Frederick McDermott of Brockton disputed the charges and said there was no evidence his client had sex with the teenager. McCallum had become like a surrogate mother, McDermott said, nothing more.

McCallum has been charged with seven counts of statutory rape stemming from seven alleged encounters that investigators said they were able to document. She appeared in Brockton District Court yesterday morning with her husband of five years, Scott, at her side and pleaded not guilty to the three counts that allegedly occurred in 2006 when the teenager lived in Abington.

McCallum was released on her own recognizance, outfitted with a GPS monitoring device, and reported yesterday afternoon to Hingham District Court, where she was arraigned on the remaining charges. She pleaded not guilty. The court imposed the same conditions. The other four counts of statutory rape allegedly occurred in multiple locations in Rockland, where McCallum and the alleged victim currently live, according to police.

Each count carries a penalty of 10 years to life in prison.

"These are very disturbing allegations, especially when they involve someone who is in a position of public trust within a school," said Timothy J. Cruz, Plymouth district attorney, after the brief hearing. "I'm concerned about the victim in this case. I'm concerned about a 13-year-old child because that's what you are when you are 13 - you are a child."

McCallum's father-in-law, Kenneth, dismissed the allegations in a brief phone interview from his home in Coventry, R.I., the hometown of both Christine and her husband.

"I believe they're all false," he said. "It sounds like [the teenager] was just bragging to a friend."

The youth and his father lived for a period in a house owned by Christine and Scott McCallum and paid them rent.

Christine McCallum began working for the Abington School District as a tutor and paraprofessional during the 2006 academic year, according to Peter G. Schafer, Abington's school superintendent.

She was fired Thursday from her current job as a fifth-grade teacher at Woodsdale Elementary School, according to Schafer, who declined to provide details. The allegations are "of great concern and we will be fully cooperating with authorities in their investigation," Schafer said by phone. "We do everything humanly possible to create the safest environment for the children."
McCallum met the alleged victim at the Abington Public Library when she began tutoring his younger brother for free with their father's consent, prosecutors said. She also acted as their babysitter. The alleged victim was never one of her students.

In the letters McCallum allegedly wrote to the victim, she pledged her love and urged him to keep their relationship secret and leave no clues that might alert her husband, according to Scott, the Plymouth assistant district attorney, who read excerpts aloud at her first arraignment.

"There's no question that I will choose you over this job," she allegedly wrote of her teaching position. "That's a very easy decision."

Scott also read what he described as a message to the boy on McCallum's MySpace page.
"It's hard to be in love with you and set boundaries for you," she wrote. "It's hard to kiss you and tell you no. It's hard to want someone to take care of me when I have to be the one taking care of everyone else."

The boy's father discovered the letters in 2006 and was disturbed but did not think that McCallum and his son had a sexual relationship, according to Rockland Police Chief John R. Llewellyn.

"He couldn't comprehend that this person was a predator," Llewellyn said.

McCallum's lawyer disputed that the letters contained evidence of a sexual relationship.

McDermott said the letters showed only that she had served as a surrogate mother until the relationship ended in November 2007. McCallum caught the boy stealing liquor from her home, McDermott said, and when she tried to impose boundaries, they stopped talking.

Recently, one of the teenager's friends told her mother about the alleged sexual relationship, authorities said.

That mother told the teenager's father, who spoke with his son and then went to Rockland police Tuesday morning, police said. McCallum was arrested Thursday.

Edwin Toomey, 12, who graduated from Center Elementary School in Abington last year when McCallum worked there, said she was excellent at her job.

"I thought she was awesome," said Edwin, who was interviewed with the permission of his father, Robert. "She was cool; she wasn't like other teachers. . . . She was kind of, like, young . . . she was very pretty."

Robert Toomey said he knew McCallum through his roles as a parent, a volunteer at the school, and a sometime substitute teacher.

"She was professional. She had a solid reputation, as far as I'm concerned," he said.

Globe correspondent Franci Richardson Ellement contributed to this report.
© Copyright 2009 Globe Newspaper Company.

Link: http://www.boston.com/news/local/massachusetts/articles/2009/01/10/ex_teacher_charged_with_rape/

Sunday, January 25, 2009

Arknsas considering scrapping the statute of limitations for rape -- without any consideration of innocent men and boys

Arkansas is considering eliminating the statute of limitations for rape, reports the Arkansas Democrat Gazette (“Limits on rape charges targeted,” Jan. 18, 2009.) This proposed change in the law is unnecessary and would expose countless innocent men to greater risk of being falsely accused, and even wrongly convicted, of rape. While the goal of convicting more actual rapists is laudable, this is yet another proposed change in the law of rape that does not take into account the unjust effect on innocent men and boys.

Currently under Arkansas law, rape charges must be prosecuted within six years, or if the charge is based on DNA evidence, 15 years. (See state-by-state chart specifying the statutes of limitations for rape.) The proposed change in Arkansas law is consistent with a disturbing trend in the United States. According to the National Conference for State Legislatures: “Most states have laws limiting the time during which crimes other than murder may be prosecuted. In recent years, many states have adopted varying extensions to their criminal statutes of limitations for cases of sexual assault.” Read the rest of our article, "Another Way to Empower Women," posted at Glenn Sacks' blog

Friday, January 23, 2009

Woman makes detailed false rape claim -- for reasons known only to her

Woman fined for false rape claim

A 41-year-old woman who claimed she was raped in a carpark in Mandurah more than six months ago pleaded guilty in the Mandurah Magistrates Court on Monday to creating a false belief.

Sharon Theresa Moon told police she had been sexually assaulted about 9pm on June 1 this year.

But the incident never happened.

Police prosecutor sergeant Jim Scott said Moon reported hearing footsteps behind her as she walked to her car near the foreshore on the Foundation Day long weekend.

Moon told police an unknown male pinned her against her car while trying to kiss her before he straddled her on the ground.

She said the man raped her and bit her on the shoulder before fleeing the scene.

The next day Moon attended a Bunbury hospital where she underwent tests and had x-rays but it was not until 10 days later that she reported the incident to police.

On June 19 she gave a detailed, nine-page statement to police describing the alleged events.

Investigations by Peel detectives found inconsistencies in Moon’s version of events.

Internet activity and text messages sent by Moon at the time of the alleged offence placed her in a different area than where she said she had been.

Further investigations revealed Moon had been communicating with a man on an internet dating site and she had driven from her home in Boyanup that evening to spend the night with him.

The court heard the pair met at a Mandurah address and drank alcohol before engaging in sexual intercourse.

Counsel for Moon said his client had no memory of the events of the night and was distraught about what she had done.

The court heard more than 58 police hours went into investigating the claim at a cost of $1877.30.

An application by Moon’s lawyer for a spent conviction was dismissed by Magistrate Terence McIntyre who said Moon could provide no valid explanation as to why she filed a false complaint.

Mr McIntyre said Moon had made “extremely serious and detailed allegations” that were “utter fantasy”.

Moon was ultimately fined $1250 plus costs and must pay compensation of $1877.30.

Link: http://mandurah.yourguide.com.au/news/local/news/general/woman-fined-for-false-rape-claim/1394216.aspx

Thursday, January 22, 2009

False rape accuser gets slap on the wrist

Here are two news accounts about the Ohio woman whose false rape claim was said to be caused by "bad judgment." She was given the legal equivalent of a slap on the wrist -- two years "community control" and less than $2,000 in fines, and then she was let loose to prey on other innocent men.

Wapakoneta Woman To Pay Overtime In False Rape Report

MIAMI COUNTY, Ohio -- Two days after she reported to Miami County deputies that she was raped, Melissia Turner, 40, of Wapakoneta admitted that she lied.

Monday afternoon in Miami County Common Pleas Court in Troy, Turner was placed on two years community control and ordered to reimburse the sheriff's department $892 for the overtime paid to detectives to investigate the claim of rape.

On May 19, Turner reported that she was raped under the covered bridge on the banks of the Great Miami River north of Troy off Eldean Road.

Turner was also ordered by Miami County Common Pleas Judge Robert Lindeman to pay a $1,000 fine.

If Turner violates the terms of her probation, she could face up to one year in the Ohio State Reformatory for Women in Marysville.

Link: http://www.whiotv.com/news/18466313/detail.html


Woman sentenced for false rape report

TROY — A Wapakoneta woman will be paying authorities $892 for the overtime detectives used to investigate her false claim of being raped.

Melissa Turner, 40, told the sheriff's office May 19 she was raped on the banks of the Great Miami River, under the Eldean Bridge north of Troy. She admitted May 21 that she had lied, according to court documents.

She pleaded guilty to the felony charge in November and was sentenced Monday, Jan. 12 to community control and order to reimburse the Miami County Sheriff's Office.

In court Monday, Turner said the incident showed "bad judgment" on her part. "I do want to apologize," she told Judge Robert Lindeman in Common Pleas Court.

Defense lawyer William Kruge said Turner's actions were out of character. He said she had no felony record and said Turner was "concerned about what she should do that day" when an encounter went beyond what she thought she had consented.

Lindeman said the likelihood of Turner ever committing the same type of offense again "is just about nil."

She was ordered to complete two years of community control, fined $1,000 and ordered to make restitution. If she violates condition of the probation, she faces up to one year in prison.

Link: http://www.daytondailynews.com/n/content/oh/story/news/local/2009/01/12/ddn011209falsereportweb.html

Wednesday, January 21, 2009

Civil suit might teach law enforcement a lesson not to trample the rights of men falsely accused of rape

Civil suits such as the one described below are good because they encourage law enforcement officials to tread cautiously when it comes to the rights of men falsely accused of rape.

Police head defends role after wrongful imprisonment

Was detective in rape case; settles civil suit

Boston Police Commissioner Edward F. Davis said yesterday that he did nothing wrong when, as a Lowell detective in the 1980s, he led an investigation of a rape and assault that led to a man's wrongful conviction and 19-year imprisonment.

Dennis Maher, the exonerated man, settled a civil rights lawsuit this month against Davis, the Lowell Police Department, another Lowell police officer, and the City of Lowell for $160,000, far below the $20 million he had sought. A federal judge must approve the settlement.

In an interview, Davis said he did his job as a detective, following the evidence in the 1983 case in which one woman was raped and another was attacked with a knife, before DNA testing was prevalent. Maher was freed in 2003, after DNA evidence exonerated him.

"We were working in a system that I participated in, and he was arrested and convicted by a jury," Davis said. "It's clear that he did not rape the person that he was convicted for. Sure, it's a regret that someone innocent of rape went to jail. I'm really glad that DNA was able to work that issue and prove that he wasn't responsible for it. But no system is perfect."

Asked whether he thought he should apologize to Maher or his family, Davis said, "No, because I didn't do anything wrong. I worked with some victims who were convinced that this was a man who did this."

Maher, 48, a mechanic living in Tewksbury, declined to comment on Davis's statements or the outcome of the lawsuit, because he still has a $20 million lawsuit pending against the Town of Ayer. He sued that town and an officer there after Ayer police charged him in the August 1983 rape of another woman following his arrests in Lowell. He was convicted on the assault in 1984 but freed in 2003 after DNA testing showed he was not the assailant.

Asked how he is doing otherwise, Maher, now a father of two, said, "Life is good."

His lawyers declined to comment.

Lawyers for the Town of Ayer could not be reached for comment yesterday. They have filed a motion in federal court asking a judge to reject the agreement between Maher and the other parties or issue a judgment in proportion to that financial settlement.

Maher's ordeal began in November 1983. A woman was walking home one evening when a man approached her, dragged her to a nearby yard, and raped her. The following day, another woman was walking in the same area when a man approached her, cut her with a knife, and tried to rape her. She kneed him in the groin and escaped, according to court records.

At the time, Maher was an Army sergeant assigned to Fort Devens with no prior criminal record. A few hours after the second assault, he was walking in the area where the attacker had struck and wearing a red-hooded sweatshirt, similar to the one the suspect had been wearing.

Davis, who according to records had been in the area with a composite sketch of the rapist, stopped him. Maher was charged after the two women identified him from a photo array.

In his lawsuit, Maher accused Davis and Officer Garrett Sheehan of a series of abuses, including falsifying a police report and trying to undermine Maher's alibi. The lawsuit also alleged that after one of the victims identified another man as her attacker, Davis and Sheehan placed a chair in front of Maher during a lineup to goad the second victim into identifying him.

All those allegations were proved to be false, said Davis's lawyer, Philip S. Nyman who is based in Lowell. "The allegations made by Mr. Maher and his counsel are obviously not as strong as they had alleged," he said. "The City of Lowell made a decision to settle the case basically for the cost of the trial."

J.W. Carney Jr., who was the prosecutor in the case and is now a defense lawyer, has apologized to Maher for the outcome, but Davis remained adamant that the investigation was handled appropriately.

"I feel terrible that this system did not work right for him," he said. "But in the whole lawsuit that was filed, there were allegations made in there that weren't true."

Link: http://www.boston.com/news/local/massachusetts/articles/2008/12/25/police_head_defends_role_after_wrongful_imprisonment/

Tuesday, January 20, 2009

Teenager escapes jail after false rape claim

"On rare occasions where false rape allegations are made, it wastes not only the police's time, but causes untold grief for the accused, having the potential to ruin their reputation forever. In these instances we will seek to prosecute those who make false claims, as these people undermine the courage of real victims who seek justice."

The above quote was from the following article:

http://www.kentonline.co.uk/kol08/article/default.asp?article_id=47303

A teenager who falsely accused a man of dragging her into his home and raping her has been told she has escaped jail because of her age.

The 16-year-old, who cannot be named for legal reasons, was instead given a 12-month referral order which will include counselling sessions to stop her reoffending.

The chair of the bench at Maidstone Magistrates told the girl, who pleaded guilty to perverting the course of justice, she would have been sent to jail had she been 18.The court heard how the girl had concocted the story of rape after having consensual sex with the young man she accused while she had a boyfriend.

She told the court she did so because she was "panicking so much, which turned to confusion."
The prosecution read out a victim statement from the man she accused.

It said: "This has really affected my life. People look at me like a rapist. That sort of accusation sticks."

A police spokesman said the allegation had been one of a number of recent cases in Maidstone and they were sending out the message that it must stop.

Detective Inspector Susie Harper comments: "Rape is a very serious offence which can have a huge impact on the life of the victim.

"It often takes considerable bravery for a rape victim to come forward to report the crime and we always sensitively and thoroughly investigate all reported rape allegations.

"On rare occasions where false rape allegations are made, it wastes not only the police's time, but causes untold grief for the accused, having the potential to ruin their reputation forever. In these instances we will seek to prosecute those who make false claims, as these people undermine the courage of real victims who seek justice."

Monday, January 19, 2009

Are likely innocent men used by DAs as scapegoats in the war on rape?

"Here's the dirty little secret of D.A.s who prosecute sexual assault and domestic violence cases: many of the claims they pursue are as flaky as a pie crust and their chances of winning a jury conviction are slim. So why do they bother to go after the case?

"Because – get ready for this -- they believe 'we are encouraging abused women to come forward and confront their oppressors.'

"So according to that neo-Marxist logic, if we want to get really tough on say, bank robbers, what we need to do is randomly accuse innocent persons of burglary and then parade them through the streets, denouncing them for a crime they did not commit."

The above quote is from an article written by Carey Roberts, found here: http://www.enterstageright.com/archive/articles/0507/0507vawaduke.htm and it is among the most chilling statements ever composed on the subject of false rape claims. Here is the article:

VAWA casts a long shadow over the Duke fiasco

Was prosecutor Michael Nifong simply an over-rated ambulance chaser who rose to his level of incompetence? Was he a scheming opportunist who needed to boost his flagging re-election chances? Or did his dogged prosecution of the Duke Three reflect a deeper, more systemic problem in our criminal justice system?

Here's the dirty little secret of D.A.s who prosecute sexual assault and domestic violence cases: many of the claims they pursue are as flaky as a pie crust and their chances of winning a jury conviction are slim. So why do they bother to go after the case?

Because – get ready for this -- they believe "we are encouraging abused women to come forward and confront their oppressors."

So according to that neo-Marxist logic, if we want to get really tough on say, bank robbers, what we need to do is randomly accuse innocent persons of burglary and then parade them through the streets, denouncing them for a crime they did not commit.

Of course, rape is a terrible crime. Equally terrible are false allegations of rape.

According to Linda Fairstein, former head of the New York County District Attorney's Sex Crimes Unit, "There are about 4,000 reports of rape each year in Manhattan. Of these, about half simply did not happen."

But sadly, many innocent men have been wrongfully put behind bars. Just last week Jerry Miller of Chicago was exonerated after serving 24 years for a rape he didn't commit. His release helped inspire a national campaign dubbed "200 Exonerated, Too Many Wrongfully Convicted," an effort designed to spur state reforms of the criminal justice system.

Many persons have heard of the Violence Against Women Act -- VAWA for short. But most are unaware of the extent to which VAWA-mandated programs have biased our judiciary and chipped away at the presumption of innocent until proven guilty.

VAWA's tentacles reach deep and wide, reshaping our nation's laws on immigration, welfare, and public housing. The Act defines domestic violence broadly, so sexual assault and rape fall within its purview. VAWA authorizes $50 million each year for its Sexual Assault Services Program, which contributed to the Duke fiasco in many ways.

First, VAWA pays the legal bills of alleged victims of sexual assault. Want to guess how much money goes to help men accused of rape? Nada.

That sets the stage for a prosecutorial shake-down that works like this: Find a guy who can't afford a million-dollar legal defense team. Smear his good name with an accusation of rape. Then settle for a plea bargain conviction on a lesser count of sexual assault. The attorneys get their money and the D.A. can add another notch to his (or her) belt.

Second, did you wonder why Michael Nifong never required accuser Crystal Gail Mangum to take a polygraph test? Simple: the Violence Against Women Act prohibits it. Section 2013 states, "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."

Third, VAWA funds training programs for prosecutors, judges, and law enforcement personnel. To say the content of these programs lacks a scientific basis is generous.

This past November the West Virginia Coalition Against Domestic Violence sponsored a conference. First one of the speakers made light of a Florida incident in which a young man was sexually assaulted by a female teacher. The presenter then turned around and used the terms "scum bag" and "douche bag" to refer to men accused of abuse.

At an earlier New Jersey training session, one presenter openly encouraged judges to ignore due process protections: "Your job is not to become concerned about all the constitutional rights of the man that you're violating as you grant a restraining order. Throw him out on the street, give him the clothes on his back, and tell him, ‘See ya' around.'"

Fourth, VAWA's overly-aggressive prosecution measures have been found to be flatly ineffective in stopping abuse. Still, these measures have instilled a legal of climate of "every man is a potential rapist" – ignoring the equally ridiculous corollary that "every woman is a potential false accuser."

Fifth, VAWA's unstated belief that women can only be victims dissuades prosecutors from going after false accusers. As Massachusetts district attorney David Angier once argued, "If anyone is prosecuted for filing a false report, then victims of real attacks will be less likely to report them."
And failing to prosecute women who make malicious accusations only means that men will continue to be falsely accused, charged, prosecuted, convicted, sentenced, and jailed.

Carey Roberts is a Staff Writer for The New Media Alliance. The New Media Alliance is a non-profit (501c3) national coalition of writers, journalists and grass-roots media outlets.

Saturday, January 17, 2009

Troubling statements from police: "It is important that all rape allegations are treated as genuine until evidence proves otherwise."

We are always confused by comments by police, such as those that appear in the following news story. If a rape allegation is treated as "genuine" until evidence proves otherwise, what does that mean for men who are accused of rape? Guilty, in the eyes of the police, until proven innocent? In other words, the presumption of innocence is flipped on its head for this one crime alone? Despite the objectively verifiable evidence showing that significant numbers of women lie about rape? Wouldn't it be more appropriate if the police said that they investigate every claim of rape thoroughly? Of course it would, but that wouldn't be especially politically correct for this particular crime.

Woman Charged With Making False Rape Complaint

30 December 2008 - Police in Hawera are continuing to investigate the rape on Christmas Day of a 22-year-old woman, but a second allegation made on December 29 by a 24-year-old woman has been found to be false.

A team of around 11 detectives were already investigating the first offence when a second complaint of a very similar nature was made. As enquiries were made there was concern among investigators as to the authenticity of the second allegation. Having interviewed the woman today police are now satisfied that there was no second attack.

The 24-year-old local woman has been charged with making a false complaint and will be appearing at Hawera District Court on 5 January 2009.

Detective Senior Sergeant Keith Borrell said: "It is important that all rape allegations are treated as genuine until evidence proves otherwise. On this occasion we are now satisfied that we are dealing with one isolated offence and although one offence is still a serious matter, we hope that the community, are in some way reassured that we are not dealing with a serial offender. I also hope this does not deter genuine victims of sexual assault from coming forward."

http://www.voxy.co.nz/national/woman-charged-making-false-rape-complaint/5/7165

Friday, January 16, 2009

Claims that women were given date rape drug found not true

The Jamestown, North Dakota police department is investigating four claims that women were victims of a date rape drug. Two of those claims were found to have involved no date rape drug.

HERE IS THE NEWS STORY:

No Arrests in Date-Rape Drug Investigation

By Lynn Hopewell, News DirectorJan 2, 2009, 13:17

JAMESTOWN- Rumors circulating in the community for the last two weeks of the arrest of an individual connected to alleged date-rape drug assaults in the Jamestown area are totally false.


That from Jamestown Police Chief David Donegan in a telephone interview with KSJB/KSJZ on Friday morning.

Chief Donegan says the rumors stem from a phone call placed to police in mid-December. At that time, a woman who suspects she was the victim of a date-rape drug in February stated that she had been told a Jamestown man had been arrested in connection with the case. She mentioned a specific individual during her inquiry. An investigator informed her that no arrests had been made and the investigation was continuing.

Donegan emphasized in his remarks that police never used the name of the individual mentioned in the rumor and that person had never been the subject of the investigation. The name came from the woman caller who made the inquiry.

Donegan went on to say that four alleged incidents in which area women believed they were possibly given a date-rape drug were under investigation. In two of the incidents investigators have concluded no drug was involved. The remaining two incidents remain under investigation.

Chief Donegan again asked area residents to use caution when indulging in alcholic beverages.

Never leave your drink unattended and never accept a drink or open container from someone you are not familiar with.

Women's safey groups often recommend that people out for an evening of entertainment use a buddy system, teaming up with one or more friends to help look out for each other.


Link: http://www.ksjbam.com/artman/publish/article_1622.shtml

Thursday, January 15, 2009

False rape accusers should not be punished, and women are the real victims of false claims

My article at Glenn Sacks' blog:

False rape accusers should not be punished, and women are the real victims of false claims

January 14th, 2009 by Pierce Harlan, Esq

17-year-old New Zealand girl was arrested this week after falsely claiming that she was dragged off by three youths and sexually assaulted at knifepoint, The Rotorua Daily Post reported. (“Calls for help, not charges,” January 8, 2009.) The news report explained that this was the second alleged false sexual assault claim local police have dealt with since November.

The article quotes Dr. Kim McGregor, director of New Zealand’s Rape Prevention Education, who spoke about false rape complainants: “I would recommend some form of therapeutic intervention rather than charging them.” Dr. McGregor claims that “someone needed to be ‘pretty distressed’ to make a false allegation of sexual assault,” and that “very few women made false complaints as a form of revenge.” This claim runs counter to Professor Eugene Kanin’s landmark study of rape claims in a mid-size Midwestern city over the course of nine years, in which he found that 27% of the false rape claims were motivated by revenge. Read the rest of my article at Glenn Sacks' blog

Wednesday, January 14, 2009

From the archives: A brilliantly written, must-read article about false rape

Malicious accusers are as bad as rapists
By Kevin Myers 16 Aug 2003
telegraph.co.uk

Alison Welfare did her best to bring life-long ruin to her boyfriend, Christopher Wheeler. She sent herself threatening e-mails, and then told the police they had come from him.

She tore her clothes, daubed herself with paint, bound and gagged herself, and allowed herself to be found in a "distressed" condition in a McDonald's lavatory in Peckham, south London, having been "raped" at knifepoint.

Christopher Wheeler was arrested and spent two months in jail before some pretty impressive police-work revealed that he had been the victim of her elaborate malevolence.

Last week Wheeler was jailed for a year - but since she could be released within six months, she might spend only four months more in jail than her victim.

I don't know which is worse: to be framed and sentenced to life imprisonment for something you didn't do, or to be raped. Nor does it matter a great deal. Both involve utterly evil deeds: and we can be sure of the outcry from feminist groups if a rapist had been sentenced to only a year's imprisonment.

There has been no outcry at the leniency shown to Alison Welfare. However, there was an outcry in the last case that I remember in which a woman was charged with making malevolent and baseless accusations of rape. That was from feminists, denouncing the fact that the woman was sentenced to a couple of months' imprisonment for making false rape charges against two Irish soldiers in Cyprus.

"This case will deter genuine rape victims from reporting rape," screamed the Irish Rape Crisis Centre, demanding the release of the Irishwoman responsible.

The illogic was breath-taking, for we rightly reserve particular opprobrium for rapists. But by making light of the false accusation of rape, women's groups are trivialising rape itself. You cannot debase a currency for some of the time; once debased, it stays debased.

Maybe the confusion in feminist minds of the gravity of rape is a reflection of the confusion in society generally. Convictions after allegations of rape have fallen in England and Wales to less than 6 per cent, even as allegations of rape increased by 27 per cent to 11,441.

Everyone believes that rape is evil, yet rape appears to be running out of control: why the disparity between the mounting allegations of rape, and the strangely inadequate response by society and the police?

Is it that we secretly believe that some rapes are not rapes as we all understand the term? Are some allegations not simply statements of regret the day afterwards? The claim of rape deletes voluntary female participation, not least in the woman's mind.

Moreover, the numerous allegations that the drug Rohypnol has been used in date rape suggests how many women want an alibi for their conduct. Yet very few, if any, alleged rape victims in Britain or Ireland have tested positive for the drug. Indeed, surveys in Canada and Australia suggest that the date-rape drug is pure myth.

People only have myths because they need them, however, and the desire to be the victim of someone else's actions rather than one's own is commonplace.

Perhaps not surprisingly, the sexual offences unit in one Dublin hospital found levels of alcohol in many of the alleged victims of rape that were matched only by those of the victims of alcoholic poisoning in the morgue. Many rape "victims" were unable even to remember their own names, and were far too incoherent to describe what had happened.

What is rape? In some states in the US, a woman can claim that she has been raped if she consents to sex while she is over the drink-driving limit. By that criterion, I could confidently say that just about every woman I know has been raped.

Yet rape is the great undiscussable in the relations between the sexes, because it is the only truly male crime. When I once said in all-female company that rape was not worse than murder - for most women, clearly, would choose to be raped rather than killed - I was savaged. I was told that when talking to woman about rape, a man should only assent to women's opinions.

The taboo on rape is one of the defining characteristics of civilisation, and its power depends on reasoned humanism, not on ideological conformism. Yet ideological conformism is precisely the tool that feminists are now using in their campaign against rape. They have expanded its definitions almost indefinitely, so that according to some "surveys" almost every woman has been "raped".

It is, moreover, an unassailable dogma now that rape is not about sex or pleasure but power. But how can those who by definition are unable to rape be so certain about the motive for those who do?

False allegations of rape, however, are about power, for they mobilise the proper revulsion society feels about the crime against the unfortunate target. So we should protect the powerful societal taboo on rape by treating those who falsely allege rape with the severity with which we treat rapists. That is the least the true victims of rape deserve.

Link: http://www.telegraph.co.uk/comment/3595195/Malicious-accusers-are-as-bad-as-rapists.html

Two-time false rape accuser given probation, prosecutor calls her lies 'understandable' given her sad background

COMMENT: The following news account, from the Owen Sound Sun Times, speaks for itself. A two-time false rape accuser served a total of 58 days behind bars and was sentenced to probation. (The story notes that a black man wrongly accused of rape was near fatally beaten around the time of the false accusations, but that beating apparently was unrelated to these false allegations. But, yes, that beating does illustrate the incredible price innocent men falsely accused of rape often pay for these sorts of lies.)

The most astounding thing about the news account is that the false accuser is presented as the victim. The focus of the account is on her sorry personal circumstances. The judge bought into it, as did the prosecutor. Would a prosecutor ever excuse a young rapist from responsibility for his crime by noting, as this prosecutor did, that "perhaps it's understandable" given his background? The question scarcely survives its statement.

Only when law enforcement officials stop finding false rape claims "understandable" will false accusers be properly punished for their crimes, and other liars will be deterred.

HERE IS THE NEWS STORY:

Sentence suspended in false rape case

Crown distances case from later stabbing

An 18-year-old woman who twice falsely reported being raped by an unknown black man last summer received a suspended sentence and 18 months probation Thursday after serving 58 days in jail.

April Ibbotson, of no fixed address, pleaded guilty to mischief by misleading police to believe she had been sexually assaulted June 21 and again July 24, both times in Owen Sound.

The claims prompted a week's worth of wasted police time and came within weeks of the near-fatal beating and stabbing of a black man wrongly accused of rape in downtown Owen Sound in late July, Crown lawyers handling the case have told the court.

Ibbotson also pleaded guilty to failing to attend court Nov 6. She turned herself in Nov. 11 and had been in jail since.

Thursday she was sentenced in the Ontario Court of Justice and was released.

Justice Julia Morneau considered the young woman's difficult past as presented by defence lawyer Jill Gamble. Gamble referred sparingly to details in a presentence report but did say Ibbotson has endured sexual abuse and suffers from addiction and "significant physical ailments."

"You have mental health and addiction issues," Morneau told Ibbotson. She expressed hope probation will help her.

Her order contains terms for assessments and counselling, bans alcohol and drug use unless by prescription and limits the people with whom Ibbotson may associate.

Assistant Crown attorney Peter Leger joined the defence in recommending the sentence, which counted Ibbotson's jail time double, the equivalent of almost four months.

Leger said of Ibbotson's false accusations of rape, "perhaps it's understandable" given her background. He noted police think she needs counselling.

Leger also took pains not to blame Ibbotson for the stabbing, which is alleged was fueled by mistaken accusations the victim had raped someone. "I'm not suggesting she caused anybody's injuries because of the false reports," Leger said. He blamed the "rumour mill in downtown Owen Sound."

Leger said though assumptions could be made, there was no evidence that the rape allegations made against the victim of the stabbing referred to Ibbotson's rape claims.

A trial in Superior Court is scheduled to start Feb. 2 before a judge alone for four young men charged in the July attack on a 42-year-old black man on the city's main street.

William Werner, 23, of no fixed address, Cody Doherty, Shawn Dyer and Blaine McEachern, all 19 and all of Owen Sound, face charges including two counts of assault with a weapon, aggravated assault and robbery. All remain in jail.

A 17-year-old girl already pleaded guilty in youth court to assault in the main street incident that led to the beating and stabbing. She received two years probation. She can't be identified under rules governing young offenders.

Police say the victim was falsely accused of rape by a female hours before he was approached on main street by the 17-year-old, who had been drinking. She hit and used racial slurs against him while he called police on his cellphone and defended himself, police said.

Police said the 17-year-old summoned help from a nearby apartment.

Witnesses saw five or six men beating the victim. He was rushed to hospital in a cab and underwent emergency surgery. He had been stabbed at least once in the chest.

Link: http://www.owensoundsuntimes.com/ArticleDisplay.aspx?e=1380174

Tuesday, January 13, 2009

Merced police force fed up with false claims

The following is a rare news story where police in one town express their disgust over false claims. The picture they paint is a frightening one: people cavalierly concocting false claims whenever they need an alibi.

Is it any wonder false claims are being tossed off so freely, given the ease with which they are made and the reluctance of law enforcement officials to crack down on them? Only when false claims are punished will other potential liars be deterred. When people can lie about rape with impunity, the lies will only continue, and only get worse.

False Police Report Crackdown in Merced

By Sara Sandrik

Merced, CA, USA (KFSN) -- The Merced County Sheriff's Office spent hundreds of hours and thousands of dollars investigating at least four rape and kidnapping cases in 2008 that deputies say turned out to be bogus.

Deputy Tom MacKenzie said, "People are using us as a scapegoat for when they need an alibi or are stepping out on their significant other. They think it's convenient to call in and report being kidnapped or raped when they're trying to come up with a cover story."

Deputy Tom Mackenzie says the worst part of the fake claims is that they take officers away from real cases with legitimate victims. And filing a false report is a crime itself.

"Not only can they be charged with it, but under California state law, we can actually go after them civilly for reimbursement costs for all the money incurred by our department," said MacKenzie.

On the other hand, the Sheriff's Office and staff members here at Valley Crisis Center say it's critical for anyone who has been assaulted to come forward.

And Volunteer Coordinator Patricia Bauer says the agency will stand by victims regardless of whether their cases can be proven.

"Our job as crisis advocates and providing support services is just to be supportive not conduct a criminal investigation, not to ask the victim to provide to details so we can judge the validity of the claims. Our job is solely to be there for support," said Bauer.

Bauer says the center has seen an increase in the number of sexual assault cases being reported in Merced County. And she doesn't want a few false reports to change the way real victims are perceived.

"I would want to tell the community that sexual assault does happen, that there are victims who come forward who really have been assaulted. Most of the people who actually come in and seek services truly are victims," said Bauer.

Link: http://abclocal.go.com/kfsn/story?section=news/local&id=6583029

Monday, January 12, 2009

Boy jailed for five months based solely on girl's claim that sex was not consensual, jury acquits him in one hour

The following is a news report from Southern Maryland. A boy who had been held in jail since July was released after he was acquitted by a jury of raping a 12-year-old girl. It was a he said-she said case, with the boy claiming sex was consensual. The jury deliberated for all of an hour.

For what other type of allegation can a 12-year-old girl cause a male to be imprisoned for five months based solely on her word and no other evidence? And now, nothing will be done to ascertain if, in fact, she committed a crime. Atrocious.

HERE IS THE NEWS STORY:

Teen acquitted of rape, assault charges

St. Mary's jurors acquitted a 16-year-old Great Mills boy Friday afternoon of second-degree rape and other charges filed against him from a visit to his family's home last July by a 12-year-old girl.

Family members of John K. Edison Jr. rejoiced as they awaited his release from the county jail, where he had been held in pretrial custody since his arrest.

At the close of the four-day trial, jurors deliberated the case for about an hour before announcing their verdict, clearing the teenager of the rape charge and additional counts of a second-degree sexual offense, fourth-degree sexual offense and second-degree assault.

"He was innocent from Day 1. I knew he didn't do it," John K. Edison Sr. said.

Prosecutors alleged that the teenager overpowered the girl as he took her into his bedroom.

Defense lawyer Kevin McDevitt countered that any sexual activity between the two was consensual, and that the girl, along with her cousin, made false claims sexual assaults by Edison and another boy to avoid punishment for being out late at night. Detectives had quickly determined that the other girl's complaint was unfounded.

"These girls lied about every single thing," McDevitt told the jurors. "This case should not be here at all."

Link: http://www.somdnews.com/stories/12192008/entetop181321_32242.shtml

HERE IS A THOUGHTFUL ESSAY ON THIS CASE: John Edison, Jr: Victim of lies, perjury, and corruption

Woman falsely accuses teens who stole from her of gang rape

Woman charged with false rape complaint likely to defend charge

A woman charged with making a false gang rape complaint over an incident at a Banks Peninsula bay has not retracted her original statement, and is likely to defend the charge.

The 33-year-old woman has interim name suppression and will next appear January. The Christchurch District Court judge has ordered a psychiatric report for that appearance.

A psychiatrist who saw her yesterday says she still maintains the incident had occurred.

Four teenagers have been charged with stealing a variety of items worth $870 from the woman

Link: http://www.3news.co.nz/News/NationalNews/Woman-charged-with-false-rape-complaint-likely-to-defend-charge/tabid/423/articleID/84994/cat/64/Default.aspx

Friday, January 9, 2009

Prostitute falsely accuses men of rape, causes them to be arrested

The title of the following news story t is completely wrong -- a false rape accuser is not a "victim."

False Rape Victim [sic] Gets 1-Month Jail Term

Bandar Seri Begawan - The Bandar Seri Begawan Magistrate's Court sentenced a 26-year-old woman to one-month imprisonment yesterday after she pleaded guilty to making a false rape report to the police.

Wailah binti Sakrib made a report at the Limau Manis Police Station six days ago that she was raped by an unknown individual at a house in Kampong Masin, the court heard.

As a result of police investigation, the police arrested two men, namely Ngo Van Van, 42, and Marzukin bin Dar-wash, 28, at the vicinity of a construction site in Kampong Masin.

According to the Deputy Public Prosecutor, Christopher Ng, who was assisted by Prosecuting Officer Attiyah Abas said it was revealed that the defendant had, in fact, asked for money in exchange for sexual services.

The defendant had later stated that she made the false report of rape because she was unsatisfied that she was not paid for her services.

Link: http://www.brudirect.com/DailyInfo/News/Archive/Dec08/161208/nite09.htm

Thursday, January 8, 2009

These comments speak for themselves

Last week we posted an entry here in defense of the Blackstone formulation, which prompted some hateful comments. I know that feminist sites get hateful comments all the time; we get our share, too. It is my opinion that hate comments posted to sites dealing with gender in no way represent either mainstream MRAs or feminists. But I personally think it's good to let people see how hateful a small group of people can be.

First, I'll repeat our entry, and then I'll repost the two hostile comments. (Judge for yourself which of us adopted the more reasonable position.)

OUR ENTRY:
It is better that ten rapists escape punishment than for one innocent man to be imprisoned for a rape he did not commit

As our readers know, this is among the few sites on the internet devoted exclusively to giving voice to the persons wrongly accused of sexual assaults and their unique interests. While this site is not intended to concentrate on victims of rape, that does not mean we minimize their experience in any manner. We do not.

But we need to be clear about one of our premises: As the celebrated English jurist William Blackstone said, it is "better that ten guilty persons escape than that one innocent suffer." (Commentaries on the Laws of England, published in the 1760s.) This principle so fundamental to our criminal jurisprudence that it is rarely challenged -- except when it comes to rape. Some rape victims' advocates question centuries of accepted wisdom by wondering aloud why this formulation should have any validity in the rape milieu. I respectfully suggest that these persons are often speaking from the understandable pain of victimhood or from an ideological zeal that has no place in our jurisprudence.

Our Supreme Court has, in various ways, underscored that Blackstone's formulation is one of the pillars undergirding our jurisprudence. Justice Douglas, a titan and icon of liberals for much of the 20th Century, stated: "It is better, so the Fourth Amendment teaches, that the guilty sometimes go free than that citizens be subject to easy arrest." Henry v. United States, 361 U.S. 98, 104, 80 S. Ct. 168, 172 (1959). Likewise, Justice Harlan stated: "I view the requirement of proof beyond a reasonable doubt in a criminal case as bottomed on a fundamental value determination of our society that it is far worse to convict an innocent man than to let a guilty man go free." In re Winship, 397 U.S. 358, 90 S. Ct. 1068, 25 L. Ed. 2d 368 (1970)(Harlan, J. concurring).

Is the pain of a rape survivor in seeing a rapist go free in any sense comparable to the pain of an innocent man or boy deprived of his liberty for years or even decades? The question scarcely survives its statement. Take, for example, Dwayne Dail, who was convicted of a rape he did not commit as a teenager and spent 18 years in prison. While in prison Mr. Dail was brutally victimized by the same crime that he, himself, did not commit. His life was shattered, and it is fair to assume he will never be whole after this ordeal. Anyone who thinks it is unusual for a man or a boy to be wrongly jailed for a rape he did not commit (and often a rape that did not occur) should spend several hours reviewing the accounts on this Web site.

While an individual is capable of doing terrible things to another individual, the state itself should never risk of doing a terrible thing to another human being . Putting a man on trial for a rape the evidence shows he did not commit is one such terrible thing.

A wrongful acquittal is a terrible thing, too, of course. And, yes, convictions for allegations of rape are lower than convictions of other crimes, but there are two principal reasons for this:

(1) As FBI statistics show, false reporting of sexual assault is fourfold greater than the average for all crimes. The Politics of Sexuality, Barry M. Dank, Editor in Chief, Vol. 3 at 36, n. 8.

(2) Most rape claims are of the acquaintance variety where there is no evidence as to what occurred except from the mouths of the accuser and the accused, and they often have diametrically opposing stories.

"Terrible as it is for a victim to see a rapist escape punishment, it is far, far worse for an innocent person to be convicted of a sex crime." Until Proven Innocent: Political Correctness and the Shameful Injustices of the Duke Lacrosse Rape Case, S. Taylor, K.C. Johnson (2007). A wrongful acquittal is never, ever the equivalent of a wrongful conviction, and to suggest otherwise is morally grotesque. The victim of a rape is not at risk of losing her liberty for decades if her rapist goes free. But an innocent man imprisoned for a rape he did not commit, like Dwayne Dail, is usually destroyed by the experience, as are the lives of his loved ones -- including the women and children who depend on him.

Accordingly, we reject, and cannot engage in discourse with persons who suggest, that a wrongful acquittal is the moral equivalent of a wrongful conviction. Dictators throughout history have asserted such moral equivalency as a pretext to ruthlessly imprison, torture and murder the innocent to insure their enemies are also snared. It is a monstrously barbaric -- and singularly un-American -- practice. The reason the Blackstone formulation retains its validity is self-evident. It is the very hallmark of a civilized society.

THE COMMENTS:

FIRST
NO IT ISN'T.

No-one wants anyone to be falsely imprisoned, but given it's almost impossible to ensure rapists are imprisoned for rapes they *did* commit, yes, perhaps 1% of rapists get convicted and many of those get laughably light sentences.
Some actual verifiable data.
Not the Kanin morons - I know you MRA morons love him and all...can you actually comprehend that sometimes researchers do not do their jobs properly as they have, you know, preconceptions due to woman-hating stereotypes? Hmmm no of course you just want to believe women are all lying bitches. MRA morons. Fuck you and I hope you get raped, and told to 'stop being hysterical' and that you're making it up by the police.

SECOND
Yes, I do hope you get raped too. Brutally. This blog is just a space for a bunch that's frightened of women's rights. Ah, I do pity these losers!

Reduce false rape claims by teaching young women what 'consent' means

News report after mind-numbing news report details cases where false rape claimants are sentenced to less jail time than their victims served after being falsely arrested. The gross inequity of these sentences is a chronic source of outrage for anyone who studies the false rape epidemic. It is beyond dispute that false rape claims would be far more effectively deterred if charges were brought against false accusers with the frequency that other wrongdoing is sanctioned, and if false claimants were sentenced in proportion to the havoc they cause in the lives of innocent men. Read the rest of the article at Glenn Sacks' site, here

Wednesday, January 7, 2009

Another study debunks the 2 percent false rape canard

Radical feminism has enjoyed almost unchallenged success in convincing lawmakers and university administrators that when it comes to rape, one gender is incapable of telling a lie, while the other is incapable of anything but lying.

From the faulty premise that women do not lie about rape follow the equally faulty but still widely accepted premises that there is no such thing as a false rape claim, and that conviction rates for rape are far too low. To help jack up those rates – or, in the twisted logic that follows from those faulty premises, to help justice be better served – laws and policies are changed to provide rape accusers with special accommodations allowed to no other criminal complainant.

Read the rest of this post at Glenn Sacks' blog

Tuesday, January 6, 2009

Misinformation from the Clothesline Project hurts innocent men and boys

One of the more gender-divisive annual events held in various communities and college campuses across America is the Clothesline Project. The goal of raising awareness about violence against women is good but pretending that men are hardly ever victims of domestic violence is a falsehood. The theme of pitting gender against gender is palpable in the Clothesline Project. See the photograph above from one such event. Can you read the angry words on the orange shirt? That is anger directed at an entire gender. It is astounding that we find it necessary to note that the vast majority of males neither rape nor condone violence against women. And, no, that anger is not justified regardless of what one male might have done to the author of the saying on that shirt. For the purposes of this blog, it is important to take issue with one particular aspect of these events: They are bent on distorting the truth in a manner that hurts innocent men and boys who do not rape, as explained below. The following tidbits are from http://www.clotheslineproject.org/:

When someone says, "I was raped ..." BELIEVE them - It is not your role to question whether a rape occurred. The fact is that false rape reports are no more nor less common than false reports for other crimes.


COMMENT: This is a falsehood. According to FBI statistics, the average false reporting for crimes is 2 percent. All of the serious studies put false rape claims at multiple times that percentage. In fact there are anywhere from four to upwards of 25 times more false reports for rapes than crimes on average. See our discussion here. When you insist, contrarty to the facts, that women don't lie about rape, and invent special rules to jack up convictions based on that lie, you jeopardize the liberty of innocent men and boys wrongly accused of rape.
______________________________________________

On the "NO" Means "NO" page, this appears:


COMMENT: Incorrect. False rape claims thrive in a culture that teaches young women that they are being sexually tyrannized by men, and that even sexual encounters considered consensual, both under law and by social compact since the beginning of time, are tantamount to sexual assault. Among other things, young women are being wrongly taught that sexual relations not accompanied by a woman's oral affirmation is rape (some insist that the affirmation must be “enthusiastic” -- as if “enthusiasm” is capable of being objectively quantified). This is flat-out wrong.

In fact, valid consent to intercourse can be manifested in a variety of ways -- by oral affirmations or by non-verbal conduct; that it need not be “enthusiastic”; and that it may be effective even though – horrors! -- the woman previously had said “no” (this falls under the legal principle that women are permitted to change their minds). A woman’s secret, undisclosed intentions are impertinent to the question of whether she manifested consent. All that matters are her outward manifestations of assent. Likewise, a woman’s after-the-fact regret has no bearing on whether consent was manifested at the time the sex act occurred. A young woman can validly consent after imbibing alcohol so long as she is capable of making a rational decision.

Mainstream feminist site criticizes our site

One of the community bloggers at Feministing.com criticized this blog without, I would say respectfully, giving us a fair read. She concluded that ". . . the author refers to his 'objectively verifiable data' but never links to a source or names a resource that we could actually verify. How verifiable is that?"

We link to sources throughout this site. I'd gladly discuss with the author of that post underreporting, Fed.R.Evid. 413, the Rape Shield Laws, the use of polygraphs in connection with rape claims -- and any other topic related to this subject if we would both agree to have an open mind with a desire to learn from each other.

Regarding stats: initially, I would note here in passing that a brand new five-year Indian study has been released that we are going to be blogging about in the next several days. It found 18.3 percent rape claims are false (not "unfounded" -- we know the difference between false and unfounded). Now, that 18.3 figure is more than nine times the average of false reporting for all crimes, according to FBI statistics. (The Politics of Sexuality, Barry M. Dank, Editor in Chief, Vol. 3 at 36, n. 8.)

As dramatic as this may seem, other serious studies on the subject of false rape show even higher percentages of falsity. While the numbers vary, every serious study ever conducted on the subject shows that false rape claims are far greater than the two percent claimed by radical feminists.

For example, Professor Eugene Kanin’s landmark study of a mid-size Midwestern city over the course of nine years found that 41 percent of all rape claims were false. http://www.sexcriminals.com/library/doc-1002-1.pdf

“Kanin also studied the police records of two unnamed large state universities and found that in three years, 50 percent of the 64 rapes reported to campus police were determined to be false.” http://backissues.cjrarchives.org/year/97/6/rape.asp Kanin, for the uninitiated, is a feminist icon (aside from his false rape studies, of course!).

In a 1985 study of 556 rape allegations, 27% of the accusers recanted, and an independent evaluation revealed a false accusation rate of 60%. McDowell, Charles P., Ph.D. “False Allegations.” Forensic Science Digest, (publication of the U.S. Air Force Office of Special Investigations), Vol. 11, No. 4 (December 1985), p. 64.

Minor studies, such as one from Plano, Texas a couple of months ago, are consistent. The Plano study put the number at 47% false claims.

The radical feminists adhere to the two percent claim despite both the absence of any evidentiary support for the claim, and the presence of irrefutable evidence debunking it. (See, e.g., E. Greer, “The Truth Behind Legal Dominance Feminism’s ‘Two Percent False Claim’ Figure, 33 Loyola of Los Angeles Law Review 947 (2000). )

The fact is, we don't trust any one study and we feel more comfortable with a range of nine percent to closer to fifty percent. In "Until Proven Innocent," the widely praised (praised even by the New York Times, which the book skewers -- as well as almost every other major U.S. news source) and painstaking study of the Duke Lacrosse non-rape case, Stuart Taylor and Professor K.C. Johnson explain that the exact number of false claims is elusive but "[t]he standard assertion by feminists that only 2 percent" or sexual assault claims "are false, which traces to Susan Brownmiller's 1975 book 'Against Our Will,' is without empirical foundation and belied by a wealth of empirical data. These data suggest that at least 9 percent and probably closer to half" of all sexual assault claims "are false . . . ." (Page 374.)

We find that refreshingly honest as opposed to insisting on an exact number.

And by the way, we happen to agree there are far too many rapes and that we all ought to be on the same side to eradicate them -- date rape drugs and young men who use the bodies of young women as their personal playgrounds -- we have no use for any of it, and we all have a duty to put an end to it. But unfortunately the radical feminists insist that false rape claims are a myth despite irrefutable evidence showing that they are a real problem for innocent men and boys who don't rape. (I wish I could tell you about my work for the falsely accused in my legal practice, or share with you the heartbreaking emails I get -- usually from a female family member of the falsely accused. I get so many emails from people asking for help, I can't answer them all.)

Monday, January 5, 2009

Woman lies that she was raped at a party

Another one.

In the news story below, a drunken woman tried to destroy the life of the man with whom she had just had sex by falsely accusing him of rape.

While the following advice might sound like "victim blaming," men need to be far more careful with whom they have sexual relations. Absent sex, there is no DNA, and a rape claim is far more difficult to prove. Most of the false rape claims involving an acquaintance occur after one-night stands. Too many young men have been victimized by false rape claims to dismiss such concerns out of hand.

While this story has a happy ending for the man, it could have turned disastrous. This Web site is replete with actual news accounts where the rape lie had its intended effect and the life of a young man is destroyed.

HERE IS THE NEWS STORY:

Woman made false claim that man had raped her at party

She later admitted whole story had been made up

A CULLEN woman yesterday escaped a jail term at Elgin Sheriff Court after falsely accusing a man of raping her at a party.

Kerry Gillespie, 21, of White Croft, Reidhaven Place, pleaded guilty to a charge of making a false
allegation of rape.

The court heard she had been drinking at a party at Rothes on August 29.

She was seen by a number of witnesses “dancing and drinking with a man, and seemed to be happy and enjoying his company”, fiscal depute Geoff Main told the court.

He said: “She left at around 9pm and went to her sister’s house at Lhanbryde and told her she had been raped in a bedroom.

“She seemed to be distressed and the allegation concerned the man she had been drinking with at the party.”

The police were called and arranged for her to be taken to Aberdeen police station for a medical examination by a doctor, and at that time said she had “sexual intercourse with a man at the party,” said Mr Main.

She was then taken to Elgin police station and interviewed, where she admitted making it all up.

Her solicitor, Stephen Carty, said she became more honest as she sobered up.

“She is more than aware of the gravity of this allegation and that it could result in a period of time in Cornton Vale Prison.”

Sheriff William Summers told her that it was a very serious offence.

He said: “This has involved a huge waste of police resources and may have consequences for the man involved in the future.”

Gillespie was given 120 hours of community service.

Link: http://www.pressandjournal.co.uk/Article.aspx/1001358?UserKey=