The media loves to report on rape cases involving college students or celebrity figures. However, when one of these claims turns out to be false and the accused are found innocent of all charges, the same reporters give little attention to the news. Sordid stories sell, so this is what they focus on. People don’t want to hear much about those who are falsely accused, so the news doesn’t cover this portion of the story very much. It won’t get the ratings they desire.
However, these cases involving false accusations have led many men in the country to worry that someone may choose to accuse them of sexual assault with no factual basis. They saw what happened to the young men at the University of Virginia who were accused of a brutal rape and the Duke University lacrosse players who were dragged through the mud for something they never did. This leaves them scared something similar could happen to them. Could it? An Austin Criminal Defense Lawyeranswers this question and the information he provides will give countless men some peace of mind.
Innocence Matters
A male rarely faces rape charges if he has done nothing wrong. Furthermore, the odds of him spending time in prison following a false rape allegation are very small. The National Registry of Exonerations reports only 52 men have been imprisoned since 1989 as the result of a false rape allegation. They were later exonerated, which is where the registry gets its information. To understand what this means, a person must know that 790 people were exonerated for murder during the same time period.
The British Home Office conducted a study in the early 2000s that experts believe is the most comprehensive of its type. This study found there were 216 false rape accusations. Of these accusations, only two people were actually charged. This showshow rare it is that a person actually spends time behind bars for a rape they didn’t commit. Why would a woman report rape only to not follow through with the charges?
Why Women File False Reports
Teen girls often tell their parents they were raped to stay out of trouble. They may have missed curfew or found there were pregnant and used rape as the reason. The parents then involve the police. In fact, almost half of false rape complaints come from someone other than the person who was supposedly raped. Other women report a rape to get psychiatric medication or medical care. Rape victims have no distinct characteristics in common. However, individuals who falsely accuse someone of rape are known for engaging in acts of criminal fraud or have previously reported extreme fabrications. They tend to have a criminal history and a family history of crime.
Motivations
Some people make a false accusation for personal gain, and others do it to get revenge against the accused. The need for an alibi leads some people to report a rape that didn’t happen, and certain individuals make this claim because they suffer from a mental illness. Those who do so for personal gain believe they can get money from the accused in most cases, although some do for personal gain in another area.
A person suffering from mental illness might truly believe they have been raped and accuse someone of being responsible for the act. They may have severe psychosis or a factitious disorder. Individuals suffering from common mental health issues like anxiety or depression aren’t more likely to report a false rape, however.
Very few individuals report rape to get revenge against an ex, but this serves as only one reason a person might report a crime as a means of revenge. There are numerous others. When a person uses a false rape claim as an alibi, it’s typically a teen looking to avoid trouble with their parents. However, adults have been known to do this to hide their infidelity. Be aware that both men and women make false rape claims. This isn’t reserved for one sex.
What People Must Know
When a person makes a false claim of rape, the story they tell isn’t one of an innocent misunderstanding. In fact, when making this claim, many accusers claim they were attacked by someone with a weapon or a gang of people. In addition, many claims involve attacks that led to the supposed victim being injured. The person making the claim is doing so with a goal in mind, and they want to be taken seriously. As a result, the false accuser rarely presents with a story in which consent could appear ambiguous in any way.
Sadly, those individuals most likely to make a false rape claim are the same people who are the favorite targets of predators. Kids remain very vulnerable to predators as do those with a severe mental illness. The same holds for men and women with a criminal history. Rapists know that by targeting these vulnerable groups they have a better chance of getting away with their crime. The police are more likely to mistrust these groups than they are the general population. Nevertheless, this doesn’t mean the police can ignore any report of rape. Doing so could allow an actual rapist to go free and hurt more people.
With any report of rape, the police need to believe the accuser and begin investigating the claim. However, they need to look at the accuser as well as the accused. If they had done so in theUniversity of Virginia case, they would have seen a woman with a history of bizarre lies. This would allow them to step back and investigate both parties rather than only look at the young men she said committed the crime. If there are no red flags, the accuser should be believed until evidence indicates otherwise.
Any person accused of rape needs legal advice immediately. Speak to an attorney right away so they can begin investigating the case and determine what happened. This investigation may turn up facts law enforcement missed or show a person’s motive for making a false accusation. Never take rape charges lightly, as they have far-reaching effects even for those who are proven innocent in a court of law. Quick action is essential to protect the reputation of the accused in situations such as these.
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