Wednesday, May 30, 2012

Reader Brandon Webb bemoans distracting red herrings in the quest to deliver justice for false rape victims

Reader Brandon Webb bemoans the fact that the public discourse over wrongful rape claims is plagued with red herrings that minimize the injustices of FRAs:

In part, I would agree that refusing to prosecute the woman who falsely accused Brian Banks of rape would undermine the public confidence in the justice system. However, what happened to Mr. Banks, as heinous and inexcusable as it is, is not an isolated incident. From my perspective, I posit how many more innocent people's lives must be destroyed to undermine public confidence in our justice system?

My confidence is eroded more and more with every case that comes to knowledge. Whether it's the case of Mr. Banks or the plethora of related cases. Like Thomas Kennedy.

Mr. Kennedy spent almost a decade in prison, convicted of raping his daughter. He was released after his daughter Cassandra (now an adult) recanted saying her father did not rape her and she got the idea to accuse him from a friend. Prosecutor Sue Baur, based on the recantation, pushed for Mr. Kennedy's release; however, I can see no evidence indicating that she has made any effort to investigate Cassandra's recantation to date.

Unfortunately, attempts to address false rape allegations are, in my opinion, plagued with red herrings designed to minimize the reality of FRA's and their effect on the wrongly accused.

Distracting side issues such as the prevalence of false rape claims, and how punishing FRAs supposedly affects victims of rape, and how punishing FRAs supposedly has a chilling effect on recantations only serves to dilute the fact that in the case of Mr. Banks (and scores of others) a false allegation was made, and Mr. Banks is the real victim.