# Should false rape claims face more prosecution? **URL:** \ **Category:** Great Debates\ **Created:** [December 25, 2006, 6:26pm UTC](https://boards.straightdope.com/t/should-false-rape-claims-face-more-prosecution/385546 "2006-12-25T18:26:33Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![athelas](https://avatars.discourse-cdn.com/v4/letter/a/5e9695/32.png) [@athelas](https://boards.straightdope.com/u/athelas)\ **Post date:** [December 25, 2006, 6:26pm UTC](https://boards.straightdope.com/t/should-false-rape-claims-face-more-prosecution/385546/1 "2006-12-25T18:26:33Z")
As the Duke rape case is coming close to imploding, it seems fairly obvious that the accuser, even if lying, faces very little risk of any legal penalty. Granted, a few cases, such as [this](http://www.timesonline.co.uk/article/0,,29389-2452775,00.html) rather light sentence (consider that the falsely accused got a comparable sentence to the offender!), do receive (light) punishment, but the overwhelming majority of false claims do not. Given that a false accusation of rape can have a grave impact on the falsely accused and that relatively little evidence is enough to damn the accused in the court of public opinion, but also realizing that we don’t want to scare off legitimate rape claims even if they have little evidence, do you think that there should be more extensive prosecution of lying rape accusers? ---
**Author:** ![Don26](https://avatars.discourse-cdn.com/v4/letter/d/edb3f5/32.png) [@Don26](https://boards.straightdope.com/u/Don26)\ **Post date:** [December 25, 2006, 6:36pm UTC](https://boards.straightdope.com/t/should-false-rape-claims-face-more-prosecution/385546/2 "2006-12-25T18:36:20Z")
Of course they should. ---
**Author:** ![wonky](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wonky/32/393_2.png) [@wonky](https://boards.straightdope.com/u/wonky)\ **Post date:** [December 25, 2006, 8:14pm UTC](https://boards.straightdope.com/t/should-false-rape-claims-face-more-prosecution/385546/3 "2006-12-25T20:14:13Z")
[QUOTE=athelas] Given that a false accusation of rape can have a grave impact on the falsely accused and that relatively little evidence is enough to damn the accused in the court of public opinion, but also realizing that we don’t want to scare off legitimate rape claims even if they have little evidence, do you think that there should be more extensive prosecution of lying rape accusers? [/QUOTE] It’s hard to figure out where to draw the line between “obviously lying rape accusers” and “unable to prove it rape accusers.” The former should be punished. The latter shouldn’t. But how do we tell the difference? ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [December 25, 2006, 8:16pm UTC](https://boards.straightdope.com/t/should-false-rape-claims-face-more-prosecution/385546/4 "2006-12-25T20:16:26Z")
Well, there’s a big difference in reality,but little in legality, between a false rape charge, and one where the accussed was simply found “not guilty” due to the fact the prosecution couldn’t show “proof beyond reasonable doubt”. ---
**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\ **Post date:** [December 25, 2006, 8:28pm UTC](https://boards.straightdope.com/t/should-false-rape-claims-face-more-prosecution/385546/5 "2006-12-25T20:28:47Z")
[QUOTE=jsgoddess] It’s hard to figure out where to draw the line between “obviously lying rape accusers” and “unable to prove it rape accusers.” The former should be punished. The latter shouldn’t. But how do we tell the difference? [/QUOTE] Especially when keeping in mind the evidence that rape is under-reported. People who make maliciously false accusations should be punished, but it would be terrible to scare legitimate victims out of seeking justice. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [December 25, 2006, 8:45pm UTC](https://boards.straightdope.com/t/should-false-rape-claims-face-more-prosecution/385546/6 "2006-12-25T20:45:05Z")
[QUOTE=jsgoddess] It’s hard to figure out where to draw the line between “obviously lying rape accusers” and “unable to prove it rape accusers.” The former should be punished. The latter shouldn’t. But how do we tell the difference? [/QUOTE] You prosecute. To find the false accuser guilty, a jury must be convinced beyond a reasonable doubt that she lied. The mere fact that her attacker isn’t convicted doesn’t reach that level; it could simply be that the evidence of her truthful accusation wasn’t strong enough. But if here is sufficient evidence to show, beyond a reasonable doubt, that she lied, then she’s guilty. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [December 25, 2006, 9:03pm UTC](https://boards.straightdope.com/t/should-false-rape-claims-face-more-prosecution/385546/7 "2006-12-25T21:03:19Z")
[QUOTE=Bricker] You prosecute. To find the false accuser guilty, a jury must be convinced beyond a reasonable doubt that she lied. The mere fact that her attacker isn’t convicted doesn’t reach that level; it could simply be that the evidence of her truthful accusation wasn’t strong enough. But if here is sufficient evidence to show, beyond a reasonable doubt, that she lied, then she’s guilty. [/QUOTE] Yes, but certainly we shouldn’t prosecute every claimed victim whose claimed attacker isn’t found “guilty”. Just the act of prosecution is serious punishment. ---
**Author:** ![kaylasdad99](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kaylasdad99/32/3398_2.png) [@kaylasdad99](https://boards.straightdope.com/u/kaylasdad99)\ **Post date:** [December 25, 2006, 9:30pm UTC](https://boards.straightdope.com/t/should-false-rape-claims-face-more-prosecution/385546/8 "2006-12-25T21:30:48Z")
I’m a bit unclear. Do you mean more prosecution than any other instance of filing a false crime report? What are the current penalties for filing a false crime report? Does it make any difference whether you file a false armed robbery report because you’re the manager and you want to get your subordinate in trouble, or because you want to cover the fact that you lost the store’s profits in a poker game on the way to the bank? ---
**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\ **Post date:** [December 25, 2006, 11:01pm UTC](https://boards.straightdope.com/t/should-false-rape-claims-face-more-prosecution/385546/9 "2006-12-25T23:01:25Z")
[QUOTE=Bricker] But if here is sufficient evidence to show, beyond a reasonable doubt, that she lied, then she’s guilty. [/QUOTE] We already have perjury laws for that - I don’t see why anything additional is necessary for rape cases. ---
**Author:** ![villa](https://avatars.discourse-cdn.com/v4/letter/v/bc79bd/32.png) [@villa](https://boards.straightdope.com/u/villa)\ **Post date:** [December 25, 2006, 11:18pm UTC](https://boards.straightdope.com/t/should-false-rape-claims-face-more-prosecution/385546/10 "2006-12-25T23:18:30Z")
“More” than what? More prosecution than false accusations of other crimes? I don’t see why. More prosecution than the moment? First I would need to see if false accusations of rape are prosecuted at a lower rate than false accusations of other serious crimes. As far as I know, there is no credible evidence suggesting rape is falsely alleged any more or indeed any less than other serious offenses. Supposedly the overwhelming majority of false claims are obvious to the investigating officers at an early stage, and get dropped then and there. Prosecutors have a lot of discretion, and generally seek to preserve their success rates - rape is a very tough crime to prove in many cases, and so prosecutors are very wary of taking on weak cases - I could speculate on the Duke case here, but I don’t know enough about it. Let’s say it doesn’t seem to fit the typical pattern. ---
**Author:** ![kanicbird](https://avatars.discourse-cdn.com/v4/letter/k/5f8ce5/32.png) [@kanicbird](https://boards.straightdope.com/u/kanicbird)\ **Post date:** [December 25, 2006, 11:32pm UTC](https://boards.straightdope.com/t/should-false-rape-claims-face-more-prosecution/385546/11 "2006-12-25T23:32:26Z")
[QUOTE=Marley23] We already have perjury laws for that - I don’t see why anything additional is necessary for rape cases. [/QUOTE] Perhaps because the accuser has a automatic unconstitutional advantage, rape shield laws. ---
**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\ **Post date:** [December 25, 2006, 11:34pm UTC](https://boards.straightdope.com/t/should-false-rape-claims-face-more-prosecution/385546/12 "2006-12-25T23:34:11Z")
[QUOTE=Bricker] You prosecute. To find the false accuser guilty, a jury must be convinced beyond a reasonable doubt that she lied. The mere fact that her attacker isn’t convicted doesn’t reach that level; it could simply be that the evidence of her truthful accusation wasn’t strong enough. But if here is sufficient evidence to show, beyond a reasonable doubt, that she lied, then she’s guilty. [/QUOTE] This is a classic example of begging the question. You prosecute _who_? ---
**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\ **Post date:** [December 25, 2006, 11:35pm UTC](https://boards.straightdope.com/t/should-false-rape-claims-face-more-prosecution/385546/13 "2006-12-25T23:35:12Z")
[QUOTE=kanicbird] Perhaps because the accuser has a automatic unconstitutional advantage, rape shield laws. [/QUOTE] What’s unconstitutional about them? ---
**Author:** ![Don26](https://avatars.discourse-cdn.com/v4/letter/d/edb3f5/32.png) [@Don26](https://boards.straightdope.com/u/Don26)\ **Post date:** [December 25, 2006, 11:56pm UTC](https://boards.straightdope.com/t/should-false-rape-claims-face-more-prosecution/385546/14 "2006-12-25T23:56:33Z")
[QUOTE=Diogenes the Cynic] What’s unconstitutional about them? [/QUOTE] One could argue they have a chilling effect on one’s right to confront his/her accuser. However, the rape shield laws I am familiar with only bar the name of the victim from publication as with the famous Central Park Jogger… ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [December 26, 2006, 4:06am UTC](https://boards.straightdope.com/t/should-false-rape-claims-face-more-prosecution/385546/15 "2006-12-26T04:06:35Z")
> [@jsgoddess](#): > > It’s hard to figure out where to draw the line between “obviously lying rape accusers” and “unable to prove it rape accusers.” The former should be punished. The latter shouldn’t. But how do we tell the difference? > [@Bricker](#): > > You prosecute. > > To find the false accuser guilty, a jury must be convinced beyond a reasonable doubt that she lied. The mere fact that her attacker isn’t convicted doesn’t reach that level; it could simply be that the evidence of her truthful accusation wasn’t strong enough. But if here is sufficient evidence to show, beyond a reasonable doubt, that she lied, then she’s guilty. [QUOTE=Diogenes the Cynic] This is a classic example of begging the question. You prosecute _who_? [/QUOTE] Is anyone else besides **Diogenes** confused about who I am suggesting be prosecuted in the above exchange? ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [December 26, 2006, 4:07am UTC](https://boards.straightdope.com/t/should-false-rape-claims-face-more-prosecution/385546/16 "2006-12-26T04:07:49Z")
[QUOTE=Marley23] We already have perjury laws for that - I don’t see why anything additional is necessary for rape cases. [/QUOTE] Nor am I suggesting we add any additional laws. I am suggesting we prosecute when the existing laws are broken. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [December 26, 2006, 4:09am UTC](https://boards.straightdope.com/t/should-false-rape-claims-face-more-prosecution/385546/17 "2006-12-26T04:09:04Z")
[QUOTE=DrDeth] Yes, but certainly we shouldn’t prosecute every claimed victim whose claimed attacker isn’t found “guilty”. Just the act of prosecution is serious punishment. [/QUOTE] As the Duke lacrosse team can certainly testify. ---
**Author:** ![Malienation](https://avatars.discourse-cdn.com/v4/letter/m/4af34b/32.png) [@Malienation](https://boards.straightdope.com/u/Malienation)\ **Post date:** [December 26, 2006, 4:20am UTC](https://boards.straightdope.com/t/should-false-rape-claims-face-more-prosecution/385546/18 "2006-12-26T04:20:52Z")
I almost started another thread, but since it’s related to the OP I’ll post it here. Periodically, some legal eagles suggest that perjury laws be changed to reflect the potential punishment involved in the crime at stake. So, if you perjure yourself and accuse someone of rape and you are found guilty of perjury, your sentence would be limited to the sentence the alleged rapist involved could have gotten. Remember, the alleged rapist’s acquital would not be sufficient to prove perjury. A separate trial for perjury would be necessary and (as is always the case for perjury, AFAIK) it would have to be proved that the accusation was knowingly made false (merely being wrong wouldn’t qualify). Theoretically, this means someone could get the death penalty for lying about a murder suspect’s actions. What say all? ---
**Author:** ![Least\_Original\_User\_Name\_Ever](https://avatars.discourse-cdn.com/v4/letter/l/e480ec/32.png) [@Least\_Original\_User\_Name\_Ever](https://boards.straightdope.com/u/Least_Original_User_Name_Ever)\ **Post date:** [December 26, 2006, 4:26am UTC](https://boards.straightdope.com/t/should-false-rape-claims-face-more-prosecution/385546/19 "2006-12-26T04:26:02Z")
I think that’s a good place to start. From this point we can change the level of punishment, whether this proposed one is too high or too low, but I think this is a good jump-off point. ---
**Author:** ![villa](https://avatars.discourse-cdn.com/v4/letter/v/bc79bd/32.png) [@villa](https://boards.straightdope.com/u/villa)\ **Post date:** [December 26, 2006, 4:59am UTC](https://boards.straightdope.com/t/should-false-rape-claims-face-more-prosecution/385546/20 "2006-12-26T04:59:52Z")
[QUOTE=Bricker] As the Duke lacrosse team can certainly testify. [/QUOTE] They were prosecuted? [Next page](https://boards.straightdope.com/t/should-false-rape-claims-face-more-prosecution/385546.md?page=2)