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re: Rape accusations are about to go parabolic (assuming that there is a RvW rape exemption).

Posted on 6/24/22 at 4:44 pm to
Posted by Mike da Tigah
Bravo Romeo Lima Alpha
Member since Feb 2005
59121 posts
Posted on 6/24/22 at 4:44 pm to
And so to follow up, there should be equal jail time given to anyone falsely accusing anyone of rape. How much less should someone who sought to take 15 years away from someone’s life get, but 15 years of their own taken from them instead?



It is still not a good reason to start killing babies at will again.






This post was edited on 6/24/22 at 4:46 pm
Posted by lostinbr
Baton Rouge, LA
Member since Oct 2017
9743 posts
Posted on 6/24/22 at 7:26 pm to
quote:

And so to follow up, there should be equal jail time given to anyone falsely accusing anyone of rape. How much less should someone who sought to take 15 years away from someone’s life get, but 15 years of their own taken from them instead?

Slightly off-topic, but this idea just doesn’t work in reality.

It sounds great in principle, but how do you determine an accusation is false? Is it a “false accusation” just because it cannot be proven beyond a reasonable doubt (e.g. the DA can’t get a conviction on rape charges)? If that’s the case, you might have cases where the accusation was credible enough for the DA to seek conviction, but then it backfires on the accuser who may very well be a victim.

OK, so what if we say it’s considered a criminally false accusation if it’s not credible at all? Well in that case, you still have to prove that the accusation was false beyond a reasonable doubt. That means the accuser gets their day in court, which means that the person falsely accused of rape also gets dragged into court to be cross-examined. So now despite the rape accusation not being deemed credible by the DA/police, the person accused still effectively has to stand trial and potentially have their reputation ruined.

In the grand scheme of things it can hurt both victims of rape AND people falsely accused of rape. There’s a very narrow window of cases where it actually makes sense to pursue this type of charge. We already have a civil system, with lower burdens of proof, for folks who want to go after their accusers to clear their names.
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