Thursday, March 3, 2011
Police say woman lied about Fremont sexual assault
The woman who told police she was sexually assaulted by a man Saturday morning in Fremont was lying, investigators said Tuesday.
The woman, who gave interviews describing the fake attack in detail, told police she was approached by an unknown man about 1:50 a.m. near North 43rd Street and Linden Avenue North.
"The attacker tried to get my pants down and reached inside them and grabbed my thigh, causing lacerations with his nails," a woman who identified herself as the victim told the Fremont Universe blog. "At this time I started elbowing him in the face as hard as I could and screaming. He then slammed my head into the cement so hard I lost consciousness."
The woman pinned the fake attack on a man with olive complexion, about 5-foot-9 and a muscular build.
Police said that story didn't add up.
False reporting is a gross misdemeanor in Washington. The law states a person is guilty "if with knowledge that the information reported, conveyed or circulated is false, he initiates or circulates a false report or warning of an alleged occurrence or impending occurrence of a fire, explosion, crime, catastrophe, or emergency knowing that such false report is likely to cause evacuation of a building, place of assembly, or transportation facility, or to cause public inconvenience or alarm."
Police spokesman Jeff Kappel wouldn't say if police considered sending their investigation to the City Attorney, whose office could file the false reporting charge. The office hadn't received the case late Tuesday.
Kappel didn't elaborate on the extent of police resources that were wasted, and referred to a short department statement saying the incident didn't occur.
Police say false reports are not uncommon.
In another Dec. 2009 case, a woman told police she was raped by a stranger in a First Hill parking garage. She also lied, but detectives said she suffered from medical issues and she was not charged. She blamed the fake attack on a dark-skinned black man, describing her attacker as 6-feet tall with a muscular build. She claimed he wore a dark ski mask and implied he had a gun.
In 2003, a Roosevelt High School student was lured by classmates to Snohomish County after they believed he raped the girlfriend of one of the classmate. Before he was killed, the student told police the sex was consensual, and about a month after the alleged rape, the girl recanted the allegation.
She was not charged, and the teen was murdered. The teens who beat him to death were sentenced to 22 and 25 years in prison.
Link:
http://www.seattlepi.com/local/434575_fremont02.html
The woman, who gave interviews describing the fake attack in detail, told police she was approached by an unknown man about 1:50 a.m. near North 43rd Street and Linden Avenue North.
"The attacker tried to get my pants down and reached inside them and grabbed my thigh, causing lacerations with his nails," a woman who identified herself as the victim told the Fremont Universe blog. "At this time I started elbowing him in the face as hard as I could and screaming. He then slammed my head into the cement so hard I lost consciousness."
The woman pinned the fake attack on a man with olive complexion, about 5-foot-9 and a muscular build.
Police said that story didn't add up.
False reporting is a gross misdemeanor in Washington. The law states a person is guilty "if with knowledge that the information reported, conveyed or circulated is false, he initiates or circulates a false report or warning of an alleged occurrence or impending occurrence of a fire, explosion, crime, catastrophe, or emergency knowing that such false report is likely to cause evacuation of a building, place of assembly, or transportation facility, or to cause public inconvenience or alarm."
Police spokesman Jeff Kappel wouldn't say if police considered sending their investigation to the City Attorney, whose office could file the false reporting charge. The office hadn't received the case late Tuesday.
Kappel didn't elaborate on the extent of police resources that were wasted, and referred to a short department statement saying the incident didn't occur.
Police say false reports are not uncommon.
In another Dec. 2009 case, a woman told police she was raped by a stranger in a First Hill parking garage. She also lied, but detectives said she suffered from medical issues and she was not charged. She blamed the fake attack on a dark-skinned black man, describing her attacker as 6-feet tall with a muscular build. She claimed he wore a dark ski mask and implied he had a gun.
In 2003, a Roosevelt High School student was lured by classmates to Snohomish County after they believed he raped the girlfriend of one of the classmate. Before he was killed, the student told police the sex was consensual, and about a month after the alleged rape, the girl recanted the allegation.
She was not charged, and the teen was murdered. The teens who beat him to death were sentenced to 22 and 25 years in prison.
Link:
http://www.seattlepi.com/local/434575_fremont02.html
Police say woman lied about Fremont sexual assault
The woman who told police she was sexually assaulted by a man Saturday morning in Fremont was lying, investigators said Tuesday.
The woman, who gave interviews describing the fake attack in detail, told police she was approached by an unknown man about 1:50 a.m. near North 43rd Street and Linden Avenue North.
The woman, who gave interviews describing the fake attack in detail, told police she was approached by an unknown man about 1:50 a.m. near North 43rd Street and Linden Avenue North.
Wednesday, March 2, 2011
Rash of False Rape Claims in the News Today
George Fox University
An unnamed student at George Fox University in Oregon claimed that at about 8 p.m. on April 13, 2010, she opened the door of her campus apartment overlooking Hess Creek Canyon expecting a friend, but was instead assaulted by a slim man about 6 feet tall, wearing dark clothing, gloves and a ski mask.
It turned out to be a lie. The police had their doubts from the start that the woman was telling the truth. Newberg-Dundee Police Department chief Brian Casey said the department may consider criminal charges against the young student who filed the rape charges. The young woman could potentially be charged with providing false information to a police officer, a Class A misdemeanor punishable by up to a year in jail and a $5,000 fine.
Otterbein University
Police have determined that there was no sexual assault involving a student at Otterbein Unviersity, in Westerville, Ohio. A 19-year-old female met a man online and arranged to meet him in person. The two had sex and afterward the student claimed that she had been raped late Tuesday morning inside Davis Hall, a dorm on the university's campus. A man was taken into custody afterward but no charges were filed, police said. The student will likely be charged with filing a false police report, police said.
Martinsvilled, Virginia
A 17-year-old female in Martinsville, Virginia claimed that on February 28, 2011 at 9:00 am, she was raped in Jack Dalton Park. The Henry County Sheriff's Department issued a statement: "From the beginning of the investigation there were statements that did not agree with the facts in the case, and through interviews of other people at the park who remember seeing the complainant. As a result of our investigation we were able to ascertain this morning that this incident did not happen! The complainant (reported victim) has admitted that she “made whole thing up”. She was at the park that day but the rape never happened. Due to the complexity of this investigation and the eventual cooperation of the complainant no charges will be issued at this time."
The Sheriff's department was especially concerned about the panic caused by the unsubstantiated claim: "The Internet can be a wonderful tool as we have seen recently in the global community – it can also be a source of fear, panic and undo tension when used to propagate unconfirmed accounts/reports to the public at large."
Woman with Learning Difficulties
A Shinfield, England woman with learning difficulties and a borderline personality disorder made an unspecified false rape claim.
An unnamed student at George Fox University in Oregon claimed that at about 8 p.m. on April 13, 2010, she opened the door of her campus apartment overlooking Hess Creek Canyon expecting a friend, but was instead assaulted by a slim man about 6 feet tall, wearing dark clothing, gloves and a ski mask.
It turned out to be a lie. The police had their doubts from the start that the woman was telling the truth. Newberg-Dundee Police Department chief Brian Casey said the department may consider criminal charges against the young student who filed the rape charges. The young woman could potentially be charged with providing false information to a police officer, a Class A misdemeanor punishable by up to a year in jail and a $5,000 fine.
Otterbein University
Police have determined that there was no sexual assault involving a student at Otterbein Unviersity, in Westerville, Ohio. A 19-year-old female met a man online and arranged to meet him in person. The two had sex and afterward the student claimed that she had been raped late Tuesday morning inside Davis Hall, a dorm on the university's campus. A man was taken into custody afterward but no charges were filed, police said. The student will likely be charged with filing a false police report, police said.
Martinsvilled, Virginia
A 17-year-old female in Martinsville, Virginia claimed that on February 28, 2011 at 9:00 am, she was raped in Jack Dalton Park. The Henry County Sheriff's Department issued a statement: "From the beginning of the investigation there were statements that did not agree with the facts in the case, and through interviews of other people at the park who remember seeing the complainant. As a result of our investigation we were able to ascertain this morning that this incident did not happen! The complainant (reported victim) has admitted that she “made whole thing up”. She was at the park that day but the rape never happened. Due to the complexity of this investigation and the eventual cooperation of the complainant no charges will be issued at this time."
The Sheriff's department was especially concerned about the panic caused by the unsubstantiated claim: "The Internet can be a wonderful tool as we have seen recently in the global community – it can also be a source of fear, panic and undo tension when used to propagate unconfirmed accounts/reports to the public at large."
Woman with Learning Difficulties
A Shinfield, England woman with learning difficulties and a borderline personality disorder made an unspecified false rape claim.
Round-up: (1) Woman who claimed rapist carved 'dog killer' into her left arm to be charged for false report; (2) 'He said/she said' rape case heads to jury -- one is lying, but only 'he' is put on trial
We are trying to keep our backlog from getting out of control, so here are two very interesting stories in the news today. Both are out of Pennsylvania:
Fayette woman to be charged for falsely reporting rape
State police in Uniontown, Pennsylvania expect to file charges of false reports to law enforcement today against a woman for a bizarre incident that occurred on Feb. 20. She allegedly made false claims to police that a man dressed as a woman came along, walking a dog. He proceeded to tie her up with a dog collar and took her into the woods, where he raped and cut her. He supposedly carved the words "Dog Killer" into her left arm, and cut on her face, chest, arms, legs and private areas.
According to the news report: "Police scoured the area looking for the suspect. But in subsequent interviews, the woman admitted she lied about the attack and cut herself with the razor, police said. [Trooper Heather Clem] said the woman gave 'a couple of different reasons' for the alleged deception, but the trooper would not elaborate. Most of the woman's wounds were superficial, but some required stitches, Clem said. The woman is 'in treatment,' but Clem would not say what type of treatment."
You will recall another Pennsylvania case involving a woman named Ashley Todd -- she was the Sen. John McCain campaign worker who falsely claimed she was assaulted by a black Obama supporter who carved a "B" in her face.
Link: http://www.pittsburghlive.com/x/dailycourier/s_725380.html
Landord: Sex Was Consensual
A rape charge goes to the jury today in Altoona, Pennsylvania, and based on the news story about it, it is amazing that a charge was even brought, much less that it got this far. Here's what happened:
A 24-year-old mother of two, along with her boyfriend and the boyfriend's mother, moved into an apartment rented by the alleged rapist, Jeffrey L. Hazlett, 43, in February 2010. The boyfriend and his mother subsequently went to jail for reasons not revealed, and the young woman fell behind on her rent and utilities.
The woman testified that Hazlett called her during the early morning of May 15 while she was with a friend at a bar. He asked why she was out for the evening when she didn't have the money to pay him. She testified that after she returned to her apartment, Hazlett suddenly appeared in her kitchen and forced himself on her.
Hazlett told a different story. He said that the woman invited him to her apartment. He said when he got there, she began crying because her boyfriend was incarcerated and she was going to be homeless if Hazlett evicted her. Hazlett, who admitted he had a romantic interest in the woman, said the two had consensual sex, and that she was the aggressor. Afterward, he said, the woman looked at him and said, "I didn't want to do this." He testified that he replied, "I didn't do anything you didn't want to do." But: "I started freaking out," he told the jury. "Oh God, I'm done," was what he thought at the time, he testified. Fearing that the woman might say she was raped, he said he had her write down that the sex between them was consensual. Note that apparently she actually wrote that sex was consensual.
A classic "he said/she said" case. One of them is lying (this does not seem to be a case where there might have been a misunderstanding). Yet, only he is put on trial. Only his identity is revealed. Only his life has already been destroyed by the allegation. Hazlett said the rape allegation cost him his job with a local social agency. He said his wife sought a divorce and he lost many friends. He also said he has been threatened, his home was vandalized, and the Altoona Housing Authority no longer permits him to rent to clients on the authority's rental assistance list.
Given the he said/she said nature of the case, based on this story it is impossible to believe there's sufficient evidence to put either on trial. To put him on trial alone is a jurisprudence bordering on pathology.
Now pay attention to the following: Hazlett's attorney, Mark Zearfaus, asked him for reasons why the woman would tell a false story. Hazlett answered that perhaps she was afraid of her boyfriend and his friends finding out or maybe she needed a place to stay the next day. Two pretty good motivations, don't you think?
On cross-examination, Blair County Assistant District Attorney Deanne Paul asked why the woman would go to a friend's house afterward, give a statement to police and undergo a rape kit if she were afraid of her boyfriend finding out. "Doesn't that go against your theory?" Paul asked Hazlett, which he denied.
In fact, Assistant D.A. Paul ought to read Professor Eugene Kanin's landmark report, which includes the following: "Of the 45 cases of false charges, over one-half (56%, n = 27) served the complainants’ need to provide a plausible explanation for some suddenly foreseen, unfortunate consequence of a consensual encounter, usually sexual, with a male acquaintance."
It would have been interesting if the defense had proffered the testimony of an expert on false rape claims to explain that this is a common motivation to tell rape lies. My guess is that even though expert testimony would be appropriate in this instance, it would not be allowed. Last year, a federal court sitting in Wisconsin ruled that a defendant in a rape trial has no right to present expert testimony that women do lie about rape. But the state was permitted to have an expert testify that "it is not unusual for victims of sexual assault to delay reporting the assault to law enforcement." Just another in a cavalcade of double-standards in this area.
The Hazlett case goes to the jury today. But regardless of the outcome, the damage has been done to Mr. Hazlett. Based on the news account, it is astounding that this case got to trial given its "he said/she said" nature, and given that she had a common motive to make a false claim. She even, apparently, wrote that sex was consensual. Based on the news story below (read it and decide for yourself), there is every bit as much reason to charge her with a false claim (which means, most likely, neither should have been charged).
A prosecutor is the gatekeeper of justice who should only bring charges, as Prof. Bennett L. Gershman described it, when he or she is convinced to a moral certainty of both the defendant's factual and legal guilt. To bring charges when there is any less certainty does not fulfill the prosecutor's duty to do justice, but invites miscarriages and the possible conviction of an innocent defendant. Could this be yet another case where a prosecuting attorney really wasn't sure but decided to roll the dice, hoping she'd "get lucky" and get a conviction?
You know, play Russian roulette with a man's life.
Link: http://www.altoonamirror.com/page/content.detail/id/547762/Landlord--Sex-was-consensual.html?nav=742
Fayette woman to be charged for falsely reporting rape
State police in Uniontown, Pennsylvania expect to file charges of false reports to law enforcement today against a woman for a bizarre incident that occurred on Feb. 20. She allegedly made false claims to police that a man dressed as a woman came along, walking a dog. He proceeded to tie her up with a dog collar and took her into the woods, where he raped and cut her. He supposedly carved the words "Dog Killer" into her left arm, and cut on her face, chest, arms, legs and private areas.
According to the news report: "Police scoured the area looking for the suspect. But in subsequent interviews, the woman admitted she lied about the attack and cut herself with the razor, police said. [Trooper Heather Clem] said the woman gave 'a couple of different reasons' for the alleged deception, but the trooper would not elaborate. Most of the woman's wounds were superficial, but some required stitches, Clem said. The woman is 'in treatment,' but Clem would not say what type of treatment."
You will recall another Pennsylvania case involving a woman named Ashley Todd -- she was the Sen. John McCain campaign worker who falsely claimed she was assaulted by a black Obama supporter who carved a "B" in her face.
Link: http://www.pittsburghlive.com/x/dailycourier/s_725380.html
_______________________________
Landord: Sex Was Consensual
A rape charge goes to the jury today in Altoona, Pennsylvania, and based on the news story about it, it is amazing that a charge was even brought, much less that it got this far. Here's what happened:
A 24-year-old mother of two, along with her boyfriend and the boyfriend's mother, moved into an apartment rented by the alleged rapist, Jeffrey L. Hazlett, 43, in February 2010. The boyfriend and his mother subsequently went to jail for reasons not revealed, and the young woman fell behind on her rent and utilities.
The woman testified that Hazlett called her during the early morning of May 15 while she was with a friend at a bar. He asked why she was out for the evening when she didn't have the money to pay him. She testified that after she returned to her apartment, Hazlett suddenly appeared in her kitchen and forced himself on her.
Hazlett told a different story. He said that the woman invited him to her apartment. He said when he got there, she began crying because her boyfriend was incarcerated and she was going to be homeless if Hazlett evicted her. Hazlett, who admitted he had a romantic interest in the woman, said the two had consensual sex, and that she was the aggressor. Afterward, he said, the woman looked at him and said, "I didn't want to do this." He testified that he replied, "I didn't do anything you didn't want to do." But: "I started freaking out," he told the jury. "Oh God, I'm done," was what he thought at the time, he testified. Fearing that the woman might say she was raped, he said he had her write down that the sex between them was consensual. Note that apparently she actually wrote that sex was consensual.
A classic "he said/she said" case. One of them is lying (this does not seem to be a case where there might have been a misunderstanding). Yet, only he is put on trial. Only his identity is revealed. Only his life has already been destroyed by the allegation. Hazlett said the rape allegation cost him his job with a local social agency. He said his wife sought a divorce and he lost many friends. He also said he has been threatened, his home was vandalized, and the Altoona Housing Authority no longer permits him to rent to clients on the authority's rental assistance list.
Given the he said/she said nature of the case, based on this story it is impossible to believe there's sufficient evidence to put either on trial. To put him on trial alone is a jurisprudence bordering on pathology.
Now pay attention to the following: Hazlett's attorney, Mark Zearfaus, asked him for reasons why the woman would tell a false story. Hazlett answered that perhaps she was afraid of her boyfriend and his friends finding out or maybe she needed a place to stay the next day. Two pretty good motivations, don't you think?
On cross-examination, Blair County Assistant District Attorney Deanne Paul asked why the woman would go to a friend's house afterward, give a statement to police and undergo a rape kit if she were afraid of her boyfriend finding out. "Doesn't that go against your theory?" Paul asked Hazlett, which he denied.
In fact, Assistant D.A. Paul ought to read Professor Eugene Kanin's landmark report, which includes the following: "Of the 45 cases of false charges, over one-half (56%, n = 27) served the complainants’ need to provide a plausible explanation for some suddenly foreseen, unfortunate consequence of a consensual encounter, usually sexual, with a male acquaintance."
It would have been interesting if the defense had proffered the testimony of an expert on false rape claims to explain that this is a common motivation to tell rape lies. My guess is that even though expert testimony would be appropriate in this instance, it would not be allowed. Last year, a federal court sitting in Wisconsin ruled that a defendant in a rape trial has no right to present expert testimony that women do lie about rape. But the state was permitted to have an expert testify that "it is not unusual for victims of sexual assault to delay reporting the assault to law enforcement." Just another in a cavalcade of double-standards in this area.
The Hazlett case goes to the jury today. But regardless of the outcome, the damage has been done to Mr. Hazlett. Based on the news account, it is astounding that this case got to trial given its "he said/she said" nature, and given that she had a common motive to make a false claim. She even, apparently, wrote that sex was consensual. Based on the news story below (read it and decide for yourself), there is every bit as much reason to charge her with a false claim (which means, most likely, neither should have been charged).
A prosecutor is the gatekeeper of justice who should only bring charges, as Prof. Bennett L. Gershman described it, when he or she is convinced to a moral certainty of both the defendant's factual and legal guilt. To bring charges when there is any less certainty does not fulfill the prosecutor's duty to do justice, but invites miscarriages and the possible conviction of an innocent defendant. Could this be yet another case where a prosecuting attorney really wasn't sure but decided to roll the dice, hoping she'd "get lucky" and get a conviction?
You know, play Russian roulette with a man's life.
Link: http://www.altoonamirror.com/page/content.detail/id/547762/Landlord--Sex-was-consensual.html?nav=742
Round-up: (1) Woman who claimed rapist carved 'dog killer' into her left arm to be charged for false report; (2) 'He said/she said' rape case heads to jury -- one is lying, but only 'he' is put on trial
We are trying to keep our backlog from getting out of control, so here are two very interesting stories in the news today. Both are out of Pennsylvania:
Woman charged with making false complaint to Sex Crimes Squad
Sex Crimes Squad detectives have charged a woman after she allegedly made a false complaint to police in September last year.
Just after 11am today, police issued a 22-year-old woman with a Future Court Attendance Notice in relation to charges including public mischief and three counts of making a false statement.
The charges relate to extensive investigations conducted by police into an alleged home invasion and sexual assault at a home in Croydon on Saturday 25 September, 2010.
The investigation also related to reports of an assault on a child also inside the home, aged 3-months at the time.
Sex Crimes Squad Commander, Detective Superintendent John Kerlatec said, “The NSW Police Force takes very seriously all reports of sexual assault and all matters are investigated thoroughly.
“It is however, a waste of police resources and time when false reports are made to police by members of the public.
“Extensive resources and police time were dedicated to investigating this claim.
“While police encourage all victims to report incidents of sexual assault, false reports are a waste of police resources and time and detract from the ability of police to investigate legitimate claims,” Supt Kerlatec said.
Strike Force Shephard comprises detectives from the State Crime Command’s Sex Crimes Squad and was established to investigate the allegations.
Link: http://www.police.nsw.gov.au/news/latest_releases?sq_content_src=%2BdXJsPWh0dHBzJTNBJTJGJTJGd3d3LmViaXoucG9saWNlLm5zdy5nb3YuYXUlMkZtZWRpYSUyRjE1MTEzLmh0bWwmYWxsPTE%3D
Just after 11am today, police issued a 22-year-old woman with a Future Court Attendance Notice in relation to charges including public mischief and three counts of making a false statement.
The charges relate to extensive investigations conducted by police into an alleged home invasion and sexual assault at a home in Croydon on Saturday 25 September, 2010.
The investigation also related to reports of an assault on a child also inside the home, aged 3-months at the time.
Sex Crimes Squad Commander, Detective Superintendent John Kerlatec said, “The NSW Police Force takes very seriously all reports of sexual assault and all matters are investigated thoroughly.
“It is however, a waste of police resources and time when false reports are made to police by members of the public.
“Extensive resources and police time were dedicated to investigating this claim.
“While police encourage all victims to report incidents of sexual assault, false reports are a waste of police resources and time and detract from the ability of police to investigate legitimate claims,” Supt Kerlatec said.
Strike Force Shephard comprises detectives from the State Crime Command’s Sex Crimes Squad and was established to investigate the allegations.
Link: http://www.police.nsw.gov.au/news/latest_releases?sq_content_src=%2BdXJsPWh0dHBzJTNBJTJGJTJGd3d3LmViaXoucG9saWNlLm5zdy5nb3YuYXUlMkZtZWRpYSUyRjE1MTEzLmh0bWwmYWxsPTE%3D
Woman charged with making false complaint to Sex Crimes Squad
Sex Crimes Squad detectives have charged a woman after she allegedly made a false complaint to police in September last year.
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