Darius11 12 #1 January 15, 2007 DUKE Lacrosse team case. What should the punishment be when it is so obvious a case of someone lying and accusing the others of Rape? Again when it is an obvious lie, I do not mean every time someone gets the not guilty verdict but when it is obvious bullshit. I think the accuser should be sentenced to what the young men would have been if they were found guilty. Not trying to argue the Duke case, but would like to talk about what punishment if any should be delt to people who make obvious false rape accusations.I'd rather be hated for who I am, than loved for who I am not." - Kurt Cobain Quote Share this post Link to post Share on other sites
unformed 0 #2 January 15, 2007 I'm not a lawyer, nor do I play one on TV, but I believe they already have charges for false accusations.This ad space for sale. Quote Share this post Link to post Share on other sites
Nightingale 0 #3 January 15, 2007 Increase the penalty for filing a false police report, plus fine them every dime it cost the police to investigate. The guy involved could probably file a defamation suit too, especially if the case got media attention. Prosecutors would have to be very certain that the report itself was wrong, though, and not just a case of mistaken identity. Quote Share this post Link to post Share on other sites
bch7773 0 #4 January 15, 2007 QuoteIncrease the penalty for filing a false police report, plus fine them every dime it cost the police to investigate. The guy involved could probably file a defamation suit too, especially if the case got media attention. Prosecutors would have to be very certain that the report itself was wrong, though, and not just a case of mistaken identity. agreed. if a person gets accused of rape, even if it turns out to be blatenly false later, the stigma stays with him/her. someone who places the stigma on him/her maliciously should get punished. edited to make it more PC. I guess guys could get raped too. MB 3528, RB 1182 Quote Share this post Link to post Share on other sites
dorbie 0 #5 January 15, 2007 Considering the jeopardy it should be a severe penalty when it's clear cut. If you took someone and imprisoned them for years without cause you'd face kidnap charges, I think the offence of a false accusation is at least as bad as the crime itself in this case and you need to balance the safe harbor of a victim against justice for the accused when there's a clear and obvious abuse. One would hope that for flagrant abuse the DA doesn't aid and abet a vindictive liar, but in this case he did. Some DAs in America don't seem to exercise the moral restraint and act with the responsibility required of the office, it's often too politicised. Aside from his pantomome in front of the press and total disregard for sensible judgemet this guy persuaded a pathologist to suppress exculpatory DNA evidence! It's just unbelievable. Quote Share this post Link to post Share on other sites
wmw999 2,446 #6 January 15, 2007 The one problem is that it's only likely to be brought to bear when the accused are rich and/or powerful and/or connected. Think about it -- can you really see some wino's being acquitted after a gross miscarriage of justice being considered punishable. Sad, but likely. Wendy W.There is nothing more dangerous than breaking a basic safety rule and getting away with it. It removes fear of the consequences and builds false confidence. (tbrown) Quote Share this post Link to post Share on other sites
jakee 1,489 #7 January 15, 2007 QuoteThe one problem is that it's only likely to be brought to bear when the accused are rich and/or powerful and/or connected. Think about it -- can you really see some wino's being acquitted after a gross miscarriage of justice being considered punishable. Sad, but likely. Just because someone is not rich and powerful does not mean they are a wino. The vast majority of people falsely accused of rape are probably average Joes. And I would be willing to bet most laws concerning average Joes are actually followed.Do you want to have an ideagasm? Quote Share this post Link to post Share on other sites
tigra 0 #8 January 16, 2007 The real issue isn't false accusations. Its the police and prosecutors acting on the accusations even when the evidence doesn't support them or in some cases, might even contradict them. In a case where the accusation is "obvious bullshit" and it goes as far as the Duke case did, there are people who are far more to blame than the person who made the initial complaint- even IF that complaint was a blatant lie. Oh, and who exactly is going to determine whether an accusation is "obvious bullshit"? The day we have a perfect Bullshit-o-Meter in place for Law Enforcement to use, the world will be a much better place, right? Quote Share this post Link to post Share on other sites
champu 1 #9 January 16, 2007 QuoteAgain when it is an obvious lie, I do not mean every time someone gets the not guilty verdict but when it is obvious bullshit. Assuming it's a lie, it shouldn't be about, "how obvious it was." There's no quantifiable way to determine "obviousity" (or if there is a way, it's not obvious ) Certainly malice aforethought should weigh in on the punishment, though, just as it does when other serious crimes are committed. Quote Share this post Link to post Share on other sites
Richards 0 #10 January 16, 2007 QuoteQuoteIncrease the penalty for filing a false police report, plus fine them every dime it cost the police to investigate. The guy involved could probably file a defamation suit too, especially if the case got media attention. Why not give them the same sentence that would have been given to the accused had he been convicted. QuoteProsecutors would have to be very certain that the report itself was wrong, though, and not just a case of mistaken identity. That would be my only concern. If they did not make absolutely certain a woman was lying, prosecution of accusers could cause victims with weak evidence to not come forward. My biggest handicap is that sometimes the hole in the front of my head operates a tad bit faster than the grey matter contained within. Quote Share this post Link to post Share on other sites
NCclimber 0 #12 January 16, 2007 Send Mike Nifong to prison on trumped up molestation charges. Quote Share this post Link to post Share on other sites
lawrocket 3 #13 January 16, 2007 A person who is proven to have willingly and maliciously made a false accusation of rape (or of any crime) should be made to serve the highest possible sentence that would have befallen the person she accused. The "willingly and maliciously" part serves to operate so that the person who makes an innocent mistake will not face consequences. Those who make up a story, however,will face the consequences. This means that if the accused would have faced one count of rape for an 8 year sentence and mandatory registration as a sex offender, then the accuser will receive that sentence, if convicted. If three guys face charges, with the worst being 25 years to life, then the accuser gets to face that sentence. This would be in addition to the independent crime of making a false police report. Thus, the more serious the accusation, the more serious the punishment. If you wanna fuck up a person's life, then you will find yourself fucked up. My wife is hotter than your wife. Quote Share this post Link to post Share on other sites
Tony_Blair 0 #14 January 17, 2007 QuoteStoning. by women wearing beards Quote Share this post Link to post Share on other sites
JSBIRD 1 #15 January 17, 2007 QuoteStoning. That not likely to help. I'm stoned most of the time, and find it most pleasurable. 359"Now I've settled down, in a quiet little town, and forgot about everything" Quote Share this post Link to post Share on other sites
