# Should false rape accusations be prosecuted seriously as actual rape?

**URL:** <https://boards.straightdope.com/t/should-false-rape-accusations-be-prosecuted-seriously-as-actual-rape/745356>\
**Category:** Great Debates\
**Created:** [February 6, 2016, 8:15pm UTC](https://boards.straightdope.com/t/should-false-rape-accusations-be-prosecuted-seriously-as-actual-rape/745356 "2016-02-06T20:15:56Z")\
**Posts on this page:** 9\
**Page:** 9

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**Author:** ![even\_sven](https://avatars.discourse-cdn.com/v4/letter/e/dfb087/32.png) [@even\_sven](https://boards.straightdope.com/u/even_sven)\
**Post date:** [February 11, 2016, 1:37pm UTC](https://boards.straightdope.com/t/should-false-rape-accusations-be-prosecuted-seriously-as-actual-rape/745356/161 "2016-02-11T13:37:04Z")

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> [@AK84](#):
>
> Otherwise “decent” guys? Ar you actually serious or am I being wooshed?
> 
> Frankly, enough with the patronising bullshit. You have this idealised rape victim in your mind; Snow White or the plucky modern college girl or the poor opressed flower. Unfortunately most actual rape victims are not like that; and the ones that are, usually don’t need much help in getting justice because people are willing to call in the fucking Army and Navy to assist.

The “idealized” rape victims I’m imagining are the ones I actually know. You are right that they are not representative of the entire spectrum, and more attention needs to be paid to people on the margins.

But yes, plucky modern college girls get raped, too. Much of my experience is with Peace Corps volunteers, who face appalling rape rates and nearly no chance for justice. Nobody is calling in the Army and Navy, I promise you. People are being pressured not to report, and not to stand trial. We do get a (usually patronizing and sensationalized) newspaper article on the problem every few years, I’ll give you that.

I understand you have experience with this one particular corner of rape. But don’t forget that most people have experience with rape-- either personally or among those close to them.

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**Author:** ![MrDibble](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mrdibble/32/114_2.png) [@MrDibble](https://boards.straightdope.com/u/MrDibble)\
**Post date:** [February 11, 2016, 2:58pm UTC](https://boards.straightdope.com/t/should-false-rape-accusations-be-prosecuted-seriously-as-actual-rape/745356/162 "2016-02-11T14:58:27Z")

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> [@Rune](#):
>
> If it is anything close to what is described here, it absolutely boggles the mind, she deserve punishment for such a frivilous and obvious false accusation and the crown deserves to be taken to the cleaners.

Reading that, it seems more likely she deserves treatment for dementia, and it’s the prosecutors who deserve punishment for allowing that to go on at all.

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**Author:** ![JRDelirious](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jrdelirious/32/9531_2.png) [@JRDelirious](https://boards.straightdope.com/u/JRDelirious)\
**Post date:** [February 11, 2016, 3:10pm UTC](https://boards.straightdope.com/t/should-false-rape-accusations-be-prosecuted-seriously-as-actual-rape/745356/163 "2016-02-11T15:10:14Z")

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> [@MrDibble](#):
>
> Reading that, it seems more likely she deserves treatment for dementia, and it’s the prosecutors who deserve punishment for allowing that to go on at all.

Yeah really, I’d go harder on the prosecution for this one. One part of “taking prosecution seriously” is that if there really is no case, the rightful and proper service to justice is to just come out and say “sorry, there is no case” before you waste time and resources.

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**Author:** ![Rune](https://avatars.discourse-cdn.com/v4/letter/r/e68b1a/32.png) [@Rune](https://boards.straightdope.com/u/Rune)\
**Post date:** [February 11, 2016, 3:47pm UTC](https://boards.straightdope.com/t/should-false-rape-accusations-be-prosecuted-seriously-as-actual-rape/745356/164 "2016-02-11T15:47:23Z")

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> [@MrDibble](#):
>
> Reading that, it seems more likely she deserves treatment for dementia, and it’s the prosecutors who deserve punishment for allowing that to go on at all.

I wonder if there’s anybody on this one who’s willing to step up and say the buck stops here. Since it appears there have been political pressure from above to increase the rate of rape prosecutions.

But I see no reason to absolve her from her part of guilt. It’s not like it’s even the matter of a moment’s unthoughtfulness, this was a planned action maintained for a long time. She did deliberately, knowingly and willingly lie and uphold a lie for over a year, which made a random innocent man’s life quite miserable – probably permanently damaging his reputation as well. I doubt however, she’s going to face even the slightest punishment for her lies and slander.

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**Author:** ![lance\_strongarm](https://avatars.discourse-cdn.com/v4/letter/l/87869e/32.png) [@lance\_strongarm](https://boards.straightdope.com/u/lance_strongarm)\
**Post date:** [February 11, 2016, 7:05pm UTC](https://boards.straightdope.com/t/should-false-rape-accusations-be-prosecuted-seriously-as-actual-rape/745356/165 "2016-02-11T19:05:59Z")

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I don’t think the two should be connected in that way. We shouldn’t decide that once type of crime should be punished or prosecuted in a certain way based on how another one is. Both are crimes, both are evil, and both should be punished on a rational basis independent of the other. To do otherwise is a political statement, not justice.

But we should remember that sometimes a false accusation of rape involves a real rape, but the wrong suspect, allowing the actual rapists to go free.

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**Author:** ![MrDibble](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mrdibble/32/114_2.png) [@MrDibble](https://boards.straightdope.com/u/MrDibble)\
**Post date:** [February 11, 2016, 8:34pm UTC](https://boards.straightdope.com/t/should-false-rape-accusations-be-prosecuted-seriously-as-actual-rape/745356/166 "2016-02-11T20:34:40Z")

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> [@Rune](#):
>
> She did deliberately, knowingly and willingly lie and uphold a lie for over a year, which made a random innocent man’s life quite miserable – probably permanently damaging his reputation as well. I doubt however, she’s going to face even the slightest punishment for her lies and slander.

Most probably she lied, possibly she’s just mental, sure that should be determined and appropriately responded to. Whatever the normal perjury and civil penalties are, though. Not the life sentence that some would have us apply.

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**Author:** ![Ibn\_Warraq](https://avatars.discourse-cdn.com/v4/letter/i/e19b73/32.png) [@Ibn\_Warraq](https://boards.straightdope.com/u/Ibn_Warraq)\
**Post date:** [February 11, 2016, 8:58pm UTC](https://boards.straightdope.com/t/should-false-rape-accusations-be-prosecuted-seriously-as-actual-rape/745356/167 "2016-02-11T20:58:49Z")

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> [@lance\_strongarm](#):
>
> I don’t think the two should be connected in that way. We shouldn’t decide that once type of crime should be punished or prosecuted in a certain way based on how another one is. Both are crimes, both are evil, and both should be punished on a rational basis independent of the other. To do otherwise is a political statement, not justice.
> 
> But we should remember that sometimes a false accusation of rape involves a real rape, but the wrong suspect, allowing the actual rapists to go free.

Obviously this wouldn’t involve instances of mistaken identification anymore than store owners who accidentally pick the wrong person out of a lineup when the police are trying to solve an armed robbery.

People should remember, there are false accusations for all crimes and so long as we have have a system designed and administered by humans, there will always, very occasionally be accidents.

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**Author:** ![lance\_strongarm](https://avatars.discourse-cdn.com/v4/letter/l/87869e/32.png) [@lance\_strongarm](https://boards.straightdope.com/u/lance_strongarm)\
**Post date:** [February 11, 2016, 11:23pm UTC](https://boards.straightdope.com/t/should-false-rape-accusations-be-prosecuted-seriously-as-actual-rape/745356/168 "2016-02-11T23:23:48Z")

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> [@Ibn\_Warraq](#):
>
> Obviously this wouldn’t involve instances of mistaken identification anymore than store owners who accidentally pick the wrong person out of a lineup when the police are trying to solve an armed robbery.

Yes, but that could happen in a rape just as it could happen in a robbery. And sometimes does.

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**Author:** ![robert\_columbia](https://avatars.discourse-cdn.com/v4/letter/r/e79b87/32.png) [@robert\_columbia](https://boards.straightdope.com/u/robert_columbia)\
**Post date:** [February 12, 2016, 2:20am UTC](https://boards.straightdope.com/t/should-false-rape-accusations-be-prosecuted-seriously-as-actual-rape/745356/169 "2016-02-12T02:20:24Z")

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> [@usedtobe](#):
>
> When there is a List of “All who falsely accuse an innocent”, and THAT list is a devastating as the “Sex offender\*” list, we can maybe have a “level playing field” re vicitim of rape/victim of false accusation.
> 
> Yes, I want criminal prosecution and real, live prison time for those who try to destroy another’s life.
> 
> - 
> - when a 6-yr old is actually at risk of getting added to a “Sex Offender” list, we have an Inquisition going on.  
> (boy hugged a teacher in an “inappropriate” manner)

Yes, this makes sense. Put people convicted of falsely claiming rape on a list that people can check before going on a date. If I am thinking about going on a date with a lady but find out that she has a history of falsely accusing men of rape, I know that I should either reconsider my plans or take additional precautions, such as bringing a chaperone or something. That’s analogous to the purpose of the sex offender registry - that it is supposed to provide helpful information to people to help them take appropriate precautions to protect themselves from people who are more likely to want to rape or molest.

A conviction of falsely claiming rape wouldn’t be obtainable for simply being unable to convict anyone of the claimed rape - there would have to be a showing that not only can no one be convicted of the rape, there is actually a significant amount of evidence showing that the rape didn’t happen at all, or happened in a significantly different manner than claimed.

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