naming accuser's of rape.?

Question

Why is it ok for a man accused of raping a woman, allowed to be named in the media and not the woman accusing him? i understand that she has a right to annonymity but what if she lied? There has been so many cases over theyrs where a woman lied and ruined the life of the guy, yet even sfter the event she has a right not to be named. Surely there should be a law ensuring both parties not be named until after the verdict.

Answer 1

I'd like to see it go further than just naming false accusers: if it's proven that someone has obviously accused someone of a crime falsely then they should get the same sentence the person they accused would have gotten if found guilty. It'd have to be more than the accused not being found guilty since there are cases where the evidence doesn't go conclusively either way.

Answer 2

The "Rape Shield" law that you speak about is an on-going issue in the courts with most such laws invalid or already found unconstitutional.

The fact that the name of the victim is not published today is more a matter of courtesy than law. Also, most media will continue not to identify the victim on a finding of guilty. However, if the case is dropped (as in the Duke case) or a finding of acquittal is reached, then both the victim and the accussed are identified.

More and more it is a matter of choice, not law


in Cox Broadcasting Corporation v. Cohn 420 U.S. 469 (1975), the U.S. Supreme Court ruled unconstitutional a Georgia statute that imposed civil liability on media for publishing a rape victim's name.

The news station had obtained the victim's name from public court records — a factor the Supreme Court held to be important, noting that "the First and Fourteenth Amendments command nothing less than that the States may not impose sanctions on the publication of truthful information contained in official court records open to public inspection."

in Florida Star v. B.J.F., 491 U.S. 524 (1989), the U.S. Supreme Court found a Florida statute which provided penalties for media outlets that publicised the name of an alleged rape victim unconstitutional.

in State of Florida v. Globe Communications Corp., 648 So.2d 110 (Fla. 1994), the Florida Supreme Court held that a Florida criminal statute that prohibited the media from identifying the names of sexual assault victims violated the First Amendment. In that case, Globe Communications Corp. twice published the name and identifying information of a sexual assault victim, violating the Florida statute.

The paper had lawfully learned the victim's name through investigation. The Florida Supreme Court relied on the U.S. Supreme Court's decision in Florida Star v. B.J.F., finding that the Florida statute barring any media publication of a rape victim's name was unconstitutional because it was "overbroad"; that is, it punished the media even if, for example, the name of the victim was already known in the community. It also found that the statute was "underinclusive" in that it punished only media publication and not acts by a private person.

Answer 3

I agree to some of your points. Any woman who accuses a man of rape and lies should be named in the media and charged. Some cases arent proven for lack of evidence even when a rape has been commited, these woman should not be named. But what it boils down to is this, if a man is innocent of the accusation and it is proved the woman is lying he should be able to sue his accuser for compensation. Regardless the situation, the mans life is ruined, he has to carry the stigma of being accused of being a rapist for the rest of his life. Personally id take these women out and publicly shame them. Until the case is proven beyond a shadow of a doubt all names should be kept quiet.

Answer 4

It's not a law - it's the policy of the media. They do not list names of alleged abused children or women who are alleged rape victims. It's a horrible heinous crime and some women who have actually been raped may be reluctant to reveal the crime if they know they will be on the front page of the newspaper. Women who bring false charges can be prosecuted. But for the greater good - I think this policy must remain - or at the minimum the media should hold off on releasing photos and names of the accused until convicted...unless they are still at large and may be a threat to the community.

Answer 5

I agree with you 100%. Take, for example, the case of the Duke Lacrosse players. It was clear to a lot of people from the beginning that they were completely innocent. Yet their names, reputations and characters will dragged through mud. The woman, for the most part, enjoyed anonymity. Now, the prosecuter who was running that circus is well on his way to being disbarred.

That's something that I like about Fox News, they do not shield accusers like other outlets (MSNBC, CNN, ABC, Treason (NY) Times, Etc.). Only by hold people accountable for their actions can we begin to deter despicable behavior like the Duke case so greatly demonstrated.

Answer 6

If it's found that a woman perjered herself in court, accusing a man of rape, she most certainly does not have a right to anonymity. Look at the Kobe Bryant case- zero anonymity all the way around.

Answer 7

There should be its about time the law was changed because even if the man was falsely accused and proved Innocent people will always say there`s no smoke without a fire . I also think if its proved that the girl lied she should go to jail

Answer 8

This question came up many times when the Duke case first happened (nice job from Al Sharpton on that one). I personally was shocked but wasn't surprised by the outcome. From what some people say, it's because the prosecution wants to know if my "victims" will step forward. In the Duke case, the victims were the players themselves.

Answer 9

its so annoying that a girl can accuse and if the man is found not guilty mud sticks and its not fair on him or his family cause they're might just be a shadow of doubt cast over him, it's little girls who have crush on older men and do this when they can't get their own way it's disgusting, even more disgusting is the man who rapes a woman. the laws a joke,

Answer 10

Your idea makes a lot of sense. I know two former classmates whose lives were essentially ruined by false accusations. They were cleared by the courts, but only after the media had gone crazy with accusations and speculation.