Sexual assault and rape are horrible viscous crimes using sex as a weapon. No one should face this level of desecration. Conversely, no one should have to defend themselves from a false accusation. The mere allegation of sexual assault has destroyed many peoples lives, even when the person accused had turned out to be innocent. By the time the truth unfolds, the accused has already become a victim themselves. People have lost their jobs, been banished from church or temple, had family members turn against them, and faced physical assault among other vigilante attacks.
When a person claims that a crime happened, then they sign a petition to the court stating under penalty of perjury that what they are saying is true. If the claim is proven to be a lie, then they are subject to prosecution and a jail term of up to 10 years. The punishment for perjury is a just and fair punishment for someone falsely accusing another person of rape or sexual assault. The public and those who know the accused will likely punish them on their own in various ways. But then if it turns out that the accuser told a lie, then what? People who are accused of sexually related crimes often face punishment from society before they step into a court and face the judge and jury. The accused person will most likely be severely punished before their trial and that's something to think about, especially if there's a chance that the person is innocent.
If the Police have any reason to believe the report they will investigate and possibly arrest the accused. Bails can be set at several hundred of thousands of dollars. If bail is $200,000, then a bails bondsman could want 10% to guarantee the rest. You don’t get the $20,000 back after the trial. If you do not have the bail money, then you will sit in jail until the trial. Trial dates can be several months to nearly two years in the future, which is a long time for someone who is possibly innocent. For anyone who is definitely guilty, such as a rapist who clearly did it, and clearly left their DNA at the scene, or was caught by someone - it's not a problem for the obviously guilty to rot in jail for two years awaiting their trial. But for those people who face accusations where there is even a remote chance that they're innocent, it's those people whom society should await their judgment on.
According to National Sexual Violence Resource Center (NSVRC), the prevalence of false reporting can be as high as 10%. H.R. managers are being pressured by social activists to fire the accused to prevent the accuser from having to interact with them on the job. That becomes the epitome of “guilty until proven innocent." Even when the charges are proven false, there will be lingering doubts about the innocence of the accused.
Every false accusation will taint any legitimate claim of rape and sexual assault. Women and men who are raped will be more reluctant to come forward as the false claims may make the police doubt their claims. The Police may face internal disciplines or civil court actions for arresting someone on false charges. Police departments that have arrested people based on false claims have been successfully sued leading to huge judgments against the department.
Last year Nikki Yovino a Connecticut college student falsely accused two football players of rape. Both players lost their scholarships and had to leave school. Yovino admitted to making up the charges to get another student to feel protective towards her and hopefully lead to a romantic relationship. The accusations ruined both of the student's lives. It is doubtful that they will get another football scholarship.
According to court records, Yovino is charged with fabricating evidence and perjury. She could face up to 10 years in jail for her crimes. If the police had not found her perjury; both of the football players could have spent up to 30 years in prison.
There is a movement when an accusation is proven to be false that the person making the accusation be sentenced to prison for the time the accused would have had to serve. Proving a false claim verses a baseless claim is very difficult this would be an over reaction. Perjury laws should be enforced in these situations.
The unfounded report can be broken down into two broad categories: a false report and a baseless report. A baseless report is one where the police or the district attorney feels there is not enough substantial evidence to proceed. There may well have been a crime committed, but there is not enough evidence to proceed. A false report is where the accuser is lying with malice of forethought. This can be several crimes. This person could be brought up on charges ranging from misdemeanors to felonies. If convicted they could spend the better part of a decade in prison.
Everyone should agree that all accusations should be fairly investigated. If a crime was committed, then the perpetrator should be punished in accordance with the laws of the jurisdiction. If the accuser in this situation is proven to have fabricated evidence or plainly lied about what happened that person should face the highest possible sentencing the law allows.
A Londoner named Jemma Beale who accused 15 different men of rape cost the London Police over $300,000 and 6,400 hours of police hours. One man was convicted of rape and sentenced to 7 years in prison. Another was forced to leave the country and return to Somalia. Beale was convicted on four counts of perjury and four counts of perverting the course of Justice. She was sentenced to 10 years in prison. Her lies ruined the lives of many families. As a rape victim, she received financial support in the form of criminal injuries compensation of around $14,000. Was money an incentive to lie to the police?
Another thing that should get a person thrown in jail for a very long time is coercing or bribing a person to make false charges of sexual assault or rape. I am referring to an article in The Hill where a California Lawyer Lisa Bloom offered two women substantial amount of money to bring charges of sexual misconduct against then-candidate and now President Trump. A woman that has chosen to remain anonymous has according to the article provided The Hill with text messages where she was offered up to $750,00 to testify against President Trump.
It appears Bloom is trying to set up a case for impeachment against the President. Bloom’s actions are at the very least suspect considering the timing of the revelation. She also tried to get women to accuse candidate Trump just before the election. The accusations made at that time were debunked. They could have cost the president the race.
The motivation to bring fake charges should be considered in sentencing. If it was for financial gain as in the case of Beale the court should level the harshest punishment it can. For Yovino the motivation was more suspect; to get another student to fall in love with her. Nothing says lasting relationship so much as lying to gain sympathy. Both of these women were caught making fake charges. In Bloom’s case, the efforts appear to be political. Two of these women are going to face serious jail time. It is right because their lies destroyed the lives of innocent men and their families. I hope Bloom is herself investigated by the Bar Association and any relevant law enforcement agencies.
Perjury is a severe charge and people who make false accusations should face the highest extent of the law.Posted on December 15, 2017 in Opinion and filed under opinion.
Source: nydailynews, thehill,