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  1. Standard member bill718
    Enigma
    05 Mar '16 16:19 / 1 edit
    Rape is a serious crime that carries with it long jail sentences, but what (if any) penalties do those who falsely accuse someone of rape face? Usually a fine, and not much else. Should those who falsely accuse someone of rape be jailed?

    https://www.hg.org/article.asp?id=31767
  2. Standard member vivify
    rain
    05 Mar '16 16:36
    If the false accusation is one that could potentially land someone in jail, then yes, false accusations (of any kind) should be a criminal offense.
  3. 05 Mar '16 16:37
    Originally posted by vivify
    If the false accusation is one that could potentially land someone in jail, then yes, false accusations (of any kind) should be a criminal offense.
    It's always been a criminal offense to do such.
  4. Standard member vivify
    rain
    05 Mar '16 16:48
    Originally posted by FishHead111
    It's always been a criminal offense to do such.
    According to the link, false rape allegations don't result in jail time; criminal offenses usually result in at least a year in jail, which means (if this article is correct) that false rape accusations aren't criminal offenses.
  5. 05 Mar '16 16:57
    Originally posted by vivify
    According to the link, false rape allegations don't result in jail time; criminal offenses usually result in at least a year in jail, which means (if this article is correct) that false rape accusations aren't criminal offenses.
    You're right, it's a civil offense/tort , considered slander and/or libel, though it should be a criminal act to do something like that I think. I would imagine it depends on the jurisdiction, I can't imagine it not being considered a criminal act.
  6. Subscriber no1marauder
    It's Nice to Be Nice
    05 Mar '16 16:58
    Originally posted by vivify
    According to the link, false rape allegations don't result in jail time; criminal offenses usually result in at least a year in jail, which means (if this article is correct) that false rape accusations aren't criminal offenses.
    The article says no such thing. Many, if not most, criminal offenses do not result "in a least a year in jail", as most criminal offenses are misdemeanors where the maximum sentence is one year in jail (and maximum sentences are rarely applied).

    What constitutes a "false rape accusation" in your mind?
  7. Standard member vivify
    rain
    05 Mar '16 17:10 / 6 edits
    Originally posted by no1marauder
    The article says no such thing. Many, if not most, criminal offenses do not result "in a least a year in jail", as most criminal offenses are misdemeanors where the maximum sentence is one year in jail (and maximum sentences are rarely applied).

    What constitutes a "false rape accusation" in your mind?
    Then I must be thinking of a felony, which is a more serious type of criminal offense, which (as far as i know) carries a minimum of a year in jail. So to rephrase, if a false accusation can potentially land someone in jail, then making the false accusation should also land someone in jail, or be treated as a felony, if the false accusation can lead to a felony charge.

    What do I consider a "false accusation"? A lie, a deliberate attempt to get someone in trouble for something the accuser doesn't actually believe happened.
  8. Subscriber no1marauder
    It's Nice to Be Nice
    05 Mar '16 17:34
    Originally posted by vivify
    Then I must be thinking of a felony, which is a more serious type of criminal offense, which (as far as i know) carries a minimum of a year in jail. So to rephrase, if a false accusation can potentially land someone in jail, then making the false accusation should also land someone in jail, or be treated as a felony, if the false accusation can lead to a fel ...[text shortened]... e attempt to get someone in trouble for something the accuser doesn't actually believe happened.
    In general, both misdemeanors and felonies are considered criminal offenses with the difference that felonies have sentencing terms that CAN result in incarceration for more than one year.

    The law already provides that deliberate false swearing is a crime. Obviously, that is rather difficult to prove.
  9. 05 Mar '16 18:30 / 5 edits
    Originally posted by bill718
    Rape is a serious crime that carries with it long jail sentences, but what (if any)
    penalties do those who falsely accuse someone of rape face? Usually a fine, and not
    much else. Should those who falsely accuse someone of rape be jailed?

    https://www.hg.org/article.asp?id=31767
    "Rape is a serious crime that carries with it long jail sentences."
    --Bill718

    Not necessarily. My original post in the thread "Rape apologists need an exercise in empathy"
    describes a recent case in which a convicted rapist (he confessed) was sentenced to no time in prison.

    Recently, a 13 year old girl (Russian immigrant) in Berlin claimed that she had been
    abducted and gang-raped by men of 'Middle Eastern or North African' appearance.
    Many Islamophobic people instantly jumped to the conclusion that Muslim men have raped
    her, and they exploited her accusation as a further opportunity to demonize all Muslim men.
    The Russian government and media completely swallowed her story, and the Russian
    government accused the German police of covering up the crime by not hastening out to
    arrest some men (I guess that any suspect would do) of 'Middle Eastern or North African' appearance.

    In fact, after some questioning by the police, the girl admitted that her accusation was false.
    She had fabricated her story because it seemed a plausible excuse for her not going home on time.
    So who believes that this 13 year old girl should be jailed for making a false accusation of rape?
  10. Standard member sonhouse
    Fast and Curious
    05 Mar '16 19:45
    Originally posted by Duchess64
    "Rape is a serious crime that carries with it long jail sentences."
    --Bill718

    Not necessarily. My original post in the thread "Rape apologists need an exercise in empathy"
    describes a recent case in which a convicted rapist (he confessed) was sentenced to no time in prison.

    Recently, a 13 year old girl (Russian immigrant) in Berlin claimed that s ...[text shortened]... who believes that this 13 year old girl should be jailed for making a false accusation of rape?
    She should have SOME punishment, but no individual was accused, no fingers pointed to a person but it is clear from this incident that it became a political football.

    Maybe suspend her from school for a week or something like that.
  11. 05 Mar '16 20:01 / 4 edits
    Originally posted by sonhouse
    She should have SOME punishment, but no individual was accused, no fingers
    pointed to a person but it is clear from this incident that it became a political football.

    Maybe suspend her from school for a week or something like that.
    "...but no individual was accused, no fingers pointed to a person..."
    --Sonhouse

    Because the Berlin police did not bow to political pressure and hasten to round up
    some convenient suspects, men of 'Middle Eastern or North African' appearance, and
    give the 13 year old Russian girl *the opportunity to point her finger* at any of them.

    I would not be surprised if some Islamophobic websites still claim or imply that her original
    accusation was true while not calling attention to her subsequent retraction of it.
    I suspect that some Islamophobic rape apologists here could not care less about her
    accusation being false because they are obsessed with inciting hate against Muslims.
  12. 05 Mar '16 20:05
    Originally posted by FishHead111
    It's always been a criminal offense to do such.
    Most assuredly so.
  13. 05 Mar '16 20:13
    Originally posted by Duchess64
    "...but no individual was accused, no fingers pointed a person..."
    --Sonhouse

    Because the Berlin police did not bow to political pressure and hasten to round up
    some convenient suspects, men of 'Middle Eastern or North African' appearance, and
    give the 13 year old Russian girl *the opportunity to point her finger* at any of them.

    I would not be s ...[text shortened]... about her
    accusation being false because they are obsessed with inciting hate against Muslims.
    I think she needs some very careful counselling and I wonder why she chose to accuse migrants in the way she did ?
  14. 05 Mar '16 20:22
    Originally posted by phil3000
    I think she needs some very careful counselling and I wonder why she chose to accuse migrants in the way she did ?
    I suspect that this 13 year old Russian girl in Berlin decided to accuse men of 'Middle Eastern
    or North African' appearance of repeatedly raping her because she hoped that popular
    prejudices would make it less likely that the police would ask critical questions about her story.
  15. 05 Mar '16 20:24
    Originally posted by phil3000
    I think she needs some very careful counselling and I wonder why she chose to accuse migrants in the way she did ?
    Maybe this had something to do with it?
    https://www.youtube.com/watch?v=a56EqUPwyFQ