A five year sentence. Please take a moment for that to sink in. Five years. To this point, that is the largest sentence I have heard of being handed down for a false claim of sexual assault.
The only problem? It has been suspended to time served and 5 years probation. What is unclear in the article, is how much time has already been served. Based on the article, Janelle Martinez was confronted in April of 2010 with the inconsistencies of her story and she admitted to making up the claims, and was charged with 3 counts of filing a false police report. On the 10th of this month, she was sentenced to the 5 years. So if she was charged in April of last year, and sentenced in June of this year, then the maximum time she would have spent in custody would be 1 year and 2 months.
She claimed that 3 men had sexually assaulted her. After those men were interviewed, and evidence was collected for evaluation, it appears that there were some inconsistencies in her story. The evidence didn't match her claim, nor did the information the 3 men supplied.
Link: http://www.wmbfnews.com/story/14970222/mb-woman-convicted-of-making-up-sexual-assault
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4 comments:
There's got to be more to this.
Were the men she accused well-connected? Affluent? Did she have a history of notoriety or any other black marks?
I can't believe a sentence like that would just be handed out so soon.
She's Latino so Americas "Gender-feminist" courts don't mind giving her time. she's not in the "protected class" of white female.
Has anyone proposed that women who make false sex abuse, rape, or assault claims be added to sex offender registries?
Nicolas Martin - ”Has anyone proposed that women who make false sex abuse, rape, or assault claims be added to sex offender registries?”
It’s actually been a long-running idea on this forum.
The problem is getting both courts and lawmakers to recognize that FRA’s are a sexually based offense. As it stands, in most jurisdictions, the top charge available to law enforcement to charge is a false report to police (a misdemeanor which recognizes only the police as victims), thus, there is no legal (WRT the Criminal Justice System) to have it be recognized as a sexual offense.
What are needed, IMHO, are not only felony level charges (akin to the UK’s Perversion of the Course of Justice statute), but also new criminal statues which define a false report of a sexually based offense and being also a sexually based offense (have made an allusion to a sexual act).
When the current standards for judging what can be considered a sexual offense, which can be used to force a person to register as a sexual offender, can include something so simple as public urination (since that would include the possible display of genitalia) or women flashing their breast in public (which is almost always automatically reduced to a non-sexual charge); I don’t believe it is really that much of a stretch to argue that since allegations of sexual assaults rely on causing people to imagine a sexual act having been perpetrated, that they too include a significant sexualized component, which could then be used to recognize them as sexually based offenses. [/$0.02]
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