Should women who falsely accuse a man of rape be imprisoned?

Question

Or put it another way if a man successfully proves he did not rape his accuser, should she be tried in court and what sentence should it carry if found guilty?

Answer 1

I thought they do go to court for wasting police time.

I do think it's one of the worst things you can do and makes women who really do suffer rape look like they might be crying wolf. It's disgusting that the man gets dragged through the court system having his family hear every little made up detail. I'm sure marriages have split up over it. They should be locked up for the six years usually the sentence reserve for the perpetrator of such an offence.

Answer 2

If a woman falsely accuses a man of rape she should a) be cgarged with wasting police time b) slander or somethign similar towards the man c) perjury for lying in court d)mental crulty
she should also be forced to seek psychiatric help as noone who does this can be of sound mind

however, if she is adamant he did it and he is found not guilty, it doesnt mean he is innocent. Any counter claim would have to prove beyond reasonable doubt that he was innocent and that there is no chance what so ever that he commited the crime

it is a terrible accusation to make, and its ruins so many lives - those of the alleged rapist, his family and friends - how it must tear them apart, but also the woman's family and friends - they must have been torn apart thinknig she was raped and then for it to come out she made it up would tear you up all over again

Answer 3

This is a difficult one. Those who cry rape maliciously, knowing that nothing of the sort happened deserve jail.

However, the crime of rape can rest on the issue of consent, which can often be blurred by alcohol or drugs in both parties. A woman can genuinely believe that sex was non-consensual while the man believes the same act was consensual. This means that an acquittal for a man charged with rape does not mean that the woman lied.

How do you tell the difference between the malicious accusation and the real one which fails through lack of evidence or genuine misunderstanding? I don't know the answer to that one.

I think the law probably gets it about right now in prosecuting those obviously fabricated accusations - but not assuming that a failed rape trial means a woman is lying.

Can I just add, that it is a fundamental principle of English law that a defendant does not have to prove his innocence, the prosecution has to prove his guilt. So no man has to go to court to prove he did not commit rape - the prosecution has to prove he did commit rape. Any change to this burden of proof would shake the whole foundations of our legal system.

Answer 4

I think that women or men that lie about rape and are proved to be wrong should be punished. Rape accusations ruin life's and leave the accused with the stigma of rape. Whether found guilty or not the rumour stays with them.

It's hard to say what sentence should be given out, possibly 18 - 24 months!

Answer 5

If anyone falsely accuses another, apart from a sentence of imprisonment, I believe that the reasons for the behaviour should also be investigated.

If a man does rape, the same thing applies ...and the sentence is also dependant upon the outcome of the investigation too.

Sash.

Answer 6

It's an ambiguous question because it depends entirely on the context and circumstances. Like someone already said, a not guilty verdict isn't an indication that it was a false accusation. A victime may truly believe that's what happened but these cases are nototriously difficult to prove anything in. Even if forensics prove that sex was had how can it be proved that it was consensual or not. It's her word against his.

Answer 7

I think that being raped must be the worst ordeal a women could go through both physically and mentally. I also think that the stigma connected to a man who has been falsely accused of rape stays with him whether he is proved innocent or not. People always tend to think there is no smoke without fire. I think there should be some justice available for the men who go through this ordeal.

Answer 8

Yes, she should be imprisoned if it can be proved that she lied. The difficulty here is that so many rapists get away with it because the victims can't prove they have been raped.
I personally know two women who have been raped - there is no hidden agenda - but are too terrified to go through the system. It takes a lot of courage to go to court. Far more rapists get away with it than women who cry "rape" for revenge.

Answer 9

According to the FBI Uniform Crime Reports, less than 3% of reported rapes are false rapes, and rape is one of the most under-reported crimes. So put the notion out of your head that women report rape just to be vengeful. It's not true.

Also, to fill you in on how the court system works, the burden of proof lies on the prosecuting attorney. So nobody successfully proves they did not rape, it means the prosecuting attorney failed to prove it beyond a shadow of a doubt. This does not prove that it didn't happen, just that there wasn't enough evidence to convict.

So, filing a false police report is a misdemeanor, but if a rapist is not convicted, that is on the District Attorney, not the victim. No she should not be tried in court, and that is one of the most ridiculous things I have ever heard.

Answer 10

Actually i don't really think so. While i think that the recent case shows a danegr of malicious claims I think that such an approach would send a wrong mesage out.

Y'see, i guess the mood in the media and in the public suggests that malicious claims of rape are widespread - or at least growing. The reality is far from that - the study from the home office suggests that reported rape was 15-20%. a hell of a lot more women don't go to anyone when they're raped than fabricate stories.

Having the warning saying you may be prosecuted if you are found to be lying to us... sends the wrong message in my opinion.

Perhaps perjury can be used, but the recent case shows that the accuser mightn't be the most stable - is throwing her in jail going to serve justice? Surely psychiatric services would have a more useful role to play than a custodial sentence.