Monday, February 28, 2011

Female Judge: Rape lie that caused two innocent men to be arrested was 'a very human story and in a way understandable'

In the news story summarized below, a woman whose rape lie caused two innocent men to be arrested is regarded by the female judge who sentenced her as almost the victim herself. The judge's remarks are among the most troubling we have reported on this site, and that is saying a lot. They point up a serious problem that the falsely accused face -- when the criminal is deemed the victim, it is no wonder so little concern is shown for the falsely accused.

The judge said that the rape lie -- told to cover up the rape liar's impregnation by a man who wasn't her husband -- was "a very human story and in a way understandable."

Read that again, and let it sink in.

The judge noted that the lie was told "under pressure" from the liar's husband.  And that, of course, is a peculiar way of wording it because it suggests the criminal is not fully culpable for her malefactions. She's not a morally free agent, but was "forced" into a criminal act -- by a man, of course.  The judge's comments evince a sympathy and a tolerance for one of the foulest crimes that can victimize a male.  This particular rape lie resulted in the arrest of not one but two innocent human beings.

The judge is also making certain that this pregnant woman doesn't give birth in jail. (Can someone cite for me a precedent where a male's sentence was reduced because he was about to be a father?)

To suggest that such a lie is in any sense "understandable" is no more appropriate than to suggest that a rape is, in some other-worldly sense, "understandable."  Moreover, it is more accurate to characterize this wicked fabrication as "inhumane" than "human" as surely the liar knew that once a rape lie is unleashed, there is no controlling it. 

To treat the woman's horrid prevarication as a natural human act deserving of sympathy trivializes the vileness of false rape claims, and their horrible effects on their victims.  It is, however, typical of the judicial reaction to this crime.

Here is the news story:

Jailed: The soldier's cheating wife who claimed she was raped to cover up pregnancy while husband was in Afghanistan

Samantha Morley cheated on her soldier husband, Thomas Morley, then falsely claimed she had been raped to cover up the fact she had become pregnant in an affair with another man while her husband was fighting in Afghanistan. 

Mr. Morley became suspicious over the parentage of his youngest child because her date of birth meant she was likely to conceived while he was deployed in war-torn Helmand Province.  He quizzed his wife, and she told him she had been raped during a drunken night out.  The worried husband called police to report the crime.  

As a result, two innocent men were arrested.  Moreover, police estimated more than 54 hours were spent investigating the rape claims. 

The second man arrested was the one with whom Ms. Morley had the affair.When Mrs Morley was arrested in July last year she initially maintained her allegation was truthful, but as the police interview progressed she realised how much officers already knew. She made the rape accusation, not expecting that her husband would contact the police.

Sophie Murray, defending, said that Mrs Morley had become entangled in a web of lies after trying to cover up her affair because she was afraid of losing her husband so soon after giving birth to her now nine-month-old baby daughter.

"This offence was committed not out of maliciousness, but due to a set of circumstances she found herself in by her own actions," she said.

"She did not make the call to the police, but once the wheels were in motion she felt she was unable to extract herself from the situation and she felt she had to go through with the charade to keep her family together."

The mother-of-three was jailed for 12 months for perverting the course of justice.

However, Judge Mary Jane Mowat said she would only serve six months and would not have to give birth to her new baby behind bars.  The judge said: "After some questioning you came around to admitting that you had made a false allegation of rape under pressure because of the early birth of your child.

"It is a very human story and in a way understandable, but the result for the two men arrested and suspected of one of the worst crimes in our law was undeniable.

"The effect that false allegations have on the plight of genuine victims of rape has to be considered.

'The more the public hears about false allegations the less likely they, and juries, are to believe the true ones."

Brunette Mrs Morley wept loudly as her sentence was read out and began to hyperventilate as she was led from the dock to police cells.