Thursday, December 31, 2009
Young girl falsely cries seuxal assault.
Police have found a young girl's claim she was sexually assaulted in a Christchurch cemetery was false.
She told them two men attacked her as she was walking through the grounds of Kendal School towards Waimairi Cemetery late last Monday night.
But police say they have found the incident did not happen the way they were told, and they are no longer looking for anyone in connection with it.
The girl will be referred to youth aid.
Wednesday, December 30, 2009
Woman accused of sex crime deserves her good name every bit as much as a male accused of a sex crime
But her attorney says the allegations are false, the nasty result of a nasty custody battle.
We don't know what the truth is, but we know that just as a presumed innocent man should be afforded anonymity for alleged crimes of a sexual nature, so, too, should this woman. Why? Because she might be factually innocent, but now her good name has been destroyed, possibly forever. Even if the charges are dropped and even if the claims are found to be false, she likely will never again get a decent job. Her social relationships likely are destroyed beyond repair, too.
Yes, I know: false allegations happen to men far more than women. But that little fact doesn't really help a specific woman who happens to be on the receiving end of it, does it? If she was falsely accused, the two advantages that she'll have over a falsely accused man are: (1) if she is convicted, she'll serve far less prison time -- if any -- in all likelihood; and (2) the stigma won't be as severe -- but it'll be severe enough.
You see, this site is about victims of a certain kind of crime, not whether those victims have a Y-chromosome.
The scholars' world view, to varying degress, is that our social structure is patriarchal, marked by males dominating females, with sexist laws that promote said domination. Their take on rape is consistent with that world view. One scholar, Professor Aya Gruber has published an important article in the Washington Law Review titled "Rape, Feminism, and the War on Crime," 84 Wash. L. Rev. 581 (November 2009). It is interesting for a variety of reasons. Since our focus is false rape claims, it is that aspect of her article that we'll discuss.
We often stress on this site that the language one uses in the rape milieu is important. It not only provides a window into the soul of the writer, but it dictates what casual readers learn from the writing. At the end of this post is an excerpt from Professor Gruber's article, found on pages 595-600 of her article, and I urge readers to look at the langauge she uses.
The article attempts to fairly marshall objective information about our current knowledge of the prevalence of false rape claims. Prof. Gruber properly states that "the statistics on false rape accusation widely vary" and she notes that "'as a scientific matter, the frequency of false rape complaints to police or other legal authorities remains unknown.. . . .'" To her credit, she cites Mr. Greer's and Prof. Kanin's work in footnotes, also excerpted below.
Despite this, Prof. Gruber encrusts her scholarship with the conclusory language of the feminist movement that insists the image of rape accuser as "vindictive shrew" is a myth.
I certainly can't make the blanket statement that rape accusers are "vindictive shrews." But asserting that it as a "myth" and leaving it at that is inaccurate because of what it omits, and because of what it suggests.
First, repeating this alleged myth is at least unnecessary and possibly disingenuous. Its underlying premise is that rape accusers are, to this day, viewed as dishonest or untrustworthy. While that might have been true in the past, my extensive review of rape cases, and especially cases where rape claims are eventually found to be false, suggests that it is no longer true. Rape accusers are afforded instant credibility by the police, the news media, and the general public. The fact that juries might have doubts about uncorroborated claims speaks more to the burden of proof and the evidence of particular cases.
Case after case, illustrated on this website, underscore the destructive power of even far-fetched rape accusations unsupported by other evidence. The extreme reputational and other harm to countless men and boys from even disingenuous rape claims attests to the instant credibility afforded rape accusers. This reputational harm is ignored by feminist scholars, and it is a principal reason we started this website.
The insistence that this myth is alive and well has led to a police and media backlash in far too many quarters where the mere accusation of rape is accepted as true because it's politically incorrect to do otherwise. When a rape accusation is automatically deemed true, the man or boy accused is automatically deemed a rapist. The trial is over even before it has begun, and the man or boy is destroyed in the court of last resort: the court of public opinion. Too many police officers are quick to arrest based on uncorroborated assertions of lone accusers and despite the availabilty of unchecked evidence that fairly rules out the claim. The Hofstra incident, which we wrote about extensively, comes to mind.
Second, to insist that it is a myth to view rape accusers as "vindictive shrews" seems to suggest that the opposite is more likely true, and that rape accusers should be automatically believed. This, of course, is the view posited by extreme feminists, and it is based on their insistence that "women don't lie about rape" (clearly a myth as some, and perhaps many women do lie about rape). Prof. Gruber herself concludes that it is impossible to state with certainty the extent of the false rape problem. Given that fact, and despite the extreme political incorrectness of the assertion, it cannot be ruled out that rape accusers are mostly liars.
We need to approach rape claims from the paradigm of objectivity. Women need to be encouraged to report rape, but men and boys accused of rape must not have their good names destroyed before an investigation reveals that they have committed rape. As we have said repeatedly, it is possible to be concerned about both rape and false rape claims. Sadly, the persons who dominate the public discourse about rape assume there is no need for concern about the latter. To disabuse them of this notion, they would do well to spend several weeks reading through the actual cases of false rape claims chronicled on a daily basis on this site.
HERE IS THE EXCERPT FROM PROF. GRUBER'S ARTICLE -- A. Gruber,"Rape, Feminism, and the War on Crime," 84 Wash. L. Rev. 581, 595-600 (November 2009):
"While eliminating formal legal barriers to prosecution and publicizing the violent nature of rape did much to shape society's condemnation of paradigmatic rape, it did less to advance the cause of "nonparadigmatic" victims - victims of rapes without physical injuries, victims acquainted with defendants, and victims in sexual professions. This is because such complainants face largely de facto obstacles to prosecution created by lingering sexist norms. Although in modern times even an unchaste woman or vindictive shrew will be believed if raped by a stranger or terribly injured, rape myths still profoundly influence nonparadigmatic rape trials. People continue to believe that women who dress and behave in sexual ways deserve to be raped. Today, respected media commentators show no hesitation in slinging bafflingly sexist attacks at high profile rape complainants: Kobe Bryant's accuser was no more than a "mountain trash slut," and the Duke complainant just a lying "crypto-hooker." Chastity ideals persist even in our highly sexualized Girls Gone Wild society. Co-eds still widely justify their open sexual communication or activity by overconsumption of alcohol that induced them to act in a manner inconsistent with gender paradigms.
"In addition, the vindictive shrew myth continues to pervade nonparadigmatic rape trials, leading jurors to require evidence of corroboration despite elimination of the formal requirement. Some contend that the belief that women lie about rape is no more than a "Bayesian" conclusion based on empirical evidence, and is not a product of sexism. [FOOTNOTE 84: SEE TEXT BELOW] Nonetheless, the statistics on false rape accusation widely vary [FOOTNOTE 85: SEE TEXT BELOW] and "as a scientific matter, the frequency of false rape complaints to police or other legal authorities remains unknown." Continued adherence to the shrew myth is bolstered by the media publicizing cases of false reporting, in which accused date rapists play the role of folk heroes - innocent boys tragically charged by vindictive women. Today, typing "false rape accusations" into Google will produce far more articles with headlines screaming that false reporting is an "alarming national trend" than articles targeted toward dispelling the myth. [FOOTNOTE 88: SEE TEXT BELOW]
"Feminists recognized that nonparadigmatic rapes were underreported and underpunished because the date rape trial had become known as a locus of victim trauma and embarrassment, more concerned with reinforcing myths than determining consent or force. Moreover, prevalent stereotypes affected judges' management of cases and caused juries to unfairly acquit either because they mistakenly concluded there was consent or believed the victim deserved it. As a consequence, feminists advocated changes in the rape law that would reflect the reality of stereotyping and subtle sexism, despite the apparent achievement of formal equality."
n84. See, e.g., Edward Greer, The Truth Behind Legal Dominance Feminism's "Two Percent False Rape Claim" Figure, 33 Loy. L.A. L. Rev. 947, 948-49 (2000) (arguing that rape reform agenda might be reasonable if false reporting were rare, but because it is frequent, feminist rape efforts "are truly destructive"). Bayesian theory posits that conditional probabilities can be calculated mathematically. See James Joyce, Bayes' Theorem, in Stanford Encyclopedia of Philosophy (Edward N. Zalta ed., Fall 2003), http://plato.stanford.edu/entries/bayes-theorem/#3. I use "Bayesian" as a description of the "logic" that, for example, fear of African Americans is a necessary and non-racist consequence of probabilistic reasoning about blacks and crime. Jody D. Armour, Race Ipsa Loquitur: Of Reasonable Racists, Intelligent Bayesians, and Involuntary Negrophobes, 46 Stan. L. Rev. 781, 790-91 (1994).
n85. Reports range from finding false rape claims to be surprisingly rare to astoundingly frequent. Compare Brownmiller, supra note 50, at 387 (noting that only two percent of rape claims are false), with Eugene J. Kanin, False Rape Allegations, 23 Archives Sexual Behav. 81, 84 (1994) (reporting study of small town in which forty-one percent of "disposed" rape cases involved victim recantation). The FBI reported in 1997 that eight percent of rapes were "unfounded." Fed. Bureau of Investigation, Uniform Crime Reports for the United States 26 (1997), available at http://www.fbi.gov/ucr/Cius_97/97crime/97crime.pdf [hereinafter FBI Crime Report]. 1997 was apparently the last time the FBI reported statistics for "unfounded" rapes. See Fed. Bureau of Investigation, Uniform Crime Reports, http://www.fbi.gov/ucr/ucr.htm (last visited Sept. 18, 2009). "Unfounded" does not mean "false," but only that police decided the case was not pursuable, a decision that itself could be influenced by gender stereotypes. See Prompt Complaint, supra note 34, at 985-86 ("Police may think a rape claim is false or unfounded if the victim had a prior relationship with the attacker, used drugs or alcohol at the time of the attack, lacked visible signs of injury, delayed notifying police, did not have a rape exam, blames herself for the rape, or did not immediately conceive of the assault as a rape.").
. . . .
n88. The first several hits on a Google search for the keywords, "false rape accusation" performed in September 2009, included "FOXNews.com - False Rape Accusations May Be More Common Than Thought"; "GlennSacks.com [-] Research Shows False Accusations of Rape Common"; "Ananda Answers - An alarming national trend - False Rape Allegations"; and "Salon Newsreal [-] Who says women never lie about rape?" No websites on the first page involved establishing false rape reporting as a myth. One website went as far as saying, "False allegations [of rape] are the feminists' "Silver Bullet,' making feminism, an abomination before God, responsible directly for most of our excess prison population." The Christian Party, One Third of the World's Prison Population, http://www.christianparty.net/prison.htm (last visited Sept. 18, 2009).
Priest falsely accused of sexual abuse
FALSE CLAIMS: THE REPORT has commended a Dublin priest who was falsely accused of abuse for the manner in which he handled the case.
Of the 46 cases of sexual abuse examined, only one priest was found to be falsely accused. In two other cases there were suspicions or concerns, but no actual complaint of child sexual abuse.
“Fr Ricardus” was ordained in the 1960s and worked in various parishes around Dublin. In January 2003 a man accused him of sexual assault, buggery and attempted oral rape when he was aged seven.
The complaint was made to another priest and was passed on to the archdiocese and the Garda.
Cardinal Desmond Connell met Fr Ricardus who vehemently denied the allegations, but agreed to step down from his ministry.
He was assessed by the Granada Institute, a specialist service in adult mental health, who filed a report in his favour. The complainant made a statement to gardaí in June, as did his parents. But his father later admitted he had no recollection of the events and his mother said she had made some mistakes in her recollection.
When the archdiocese’s child protection advisory panel met in August, its view was that Fr Ricardus should not return to his ministry until it was clear there would be no criminal proceedings.
The archdiocese investigation was complete in early September 2003. It found the allegation against Fr Ricardus had no substance and he could return to his ministry. He had been out for 8½ months.
Gardaí sent a file to the DPP and he decided not to prosecute. Gardaí then investigated the complainant. He was later charged and convicted of making a false statement under Section 12 of the Criminal Law Act 1976. He received a three-year sentence.
Fr Ricardus told the commission the experience was “extremely difficult and harrowing for him”.
The report said he graphically described the shock of being informed of the allegation, the feeling of alienation and abandonment when he was asked to step aside from his ministry and the long wait for the processes to be gone through.
“The commission commends his courage in agreeing to give evidence, but more importantly in getting on with his life and putting the experience behind him in so far as is possible,” the report said.
Tuesday, December 29, 2009
I would love to know if there was any evidence, other than a 12-year-old girl's word, that was used to convict Mr. Burrowes. At least in this case, the prosecution stepped up when they learned that the girl lied and pushed for his exoneration. While I don't believe prison is the answer, there does need to be a very stiff punishment handed down. Three years in jail, based on your lie, merits something.
Prosecutors: She Told False Story To Protect Another ManMILWAUKEE -- A Milwaukee man who served three years in prison for sexually assaulting a 12-year-old girl is a free man after a judge threw out the conviction and ordered him removed from the sex offender registry.
Prosecutors said the accuser blamed the wrong man to protect another, and in a remarkable move, the district attorney's office asked a judge to throw out the conviction.
"It was a nightmare. Honestly it was," Chris Burrowes said.
Three years ago, police dragged Burrowes from his home as his 3-year-old daughter Christiana looked on.
"I never wanted her to have to go through seeing something like that especially her being so young and being her father, she loves me so much," Burrowes said.
A 12-year-old girl who lived near the basketball courts where he played told police she had sex with Burrowes at his north side home.
Prosecutors offered him a plea deal. He refused and a jury returned a guilty verdict.
Burrowes served three years in prison, and until Thursday, appeared on the sex offender registry.
"I've never been known to do anything the girl alleged me of doing, so I was shocked myself when I heard about it, and the fact that they found me guilty and tried to put me on the sex offender's list was like, 'I don't know.' It was just like, 'Whoa, like (the) sex offenders list -- that's like ruining my life, my reputation, my work, my career everything you know,'" Burrowes said.
Wednesday, a judge threw out Burrowes' conviction after the district attorney said the now-16-year-old girl had recanted, saying she had blamed Burrowes to protect a relative she was having sex with."
She was in love with him and didn't want to tell on him so he would go to jail, so she pinned it against someone else. She pinned it against me," Burrowes said.
Relatives at the girl's home said they couldn't comment, and Burrowes won't comment on the girl. He's just thankful he's been exonerated -- especially for Christiana, whom he's just getting to know again.
"It matters a lot for her to know that she got a good daddy, and I'm going to be there for her and I'm not the type of guy that they tried to play me out to be," Burrowes said.
Burrowes had no prior criminal record. He's now working and going to school to become a barber.
As for the girl, the district attorney's office said it learned the girl recanted when they interviewed her as part of another investigation. It must now determine whether to charge her with perjury.
No one from the district attorney's office was available to talk on camera.
Gemma Mann is charged with perverting the course of justice in relation to an alleged incident at Royal Victoria Country Park in Netley on November 14, which sparked a largescale police investigation.
Yesterday, the 24-year-old, of St Clements Way, Bishopdown, Salisbury, attended a preliminary hearing at Southampton Magistrates’ Court.
No plea was entered and Mann was released on unconditional bail until December 3, when she is due to appear at Southampton Crown Court.
Monday, December 28, 2009
28 years. I was 12 when he was sent to prison. All in the name of getting the conviction. Why else would someone falsify evidence?
A District man who was incarcerated for 28 years in the rape and murder of a Georgetown University student in Rock Creek Park was ordered released Tuesday by a D.C. Superior Court judge after DNA evidence revealed that another man committed the crime.
Donald Eugene Gates, now 58, had maintained his innocence from the start. He was to board a bus from a prison in Arizona on Tuesday afternoon and head to a new home -- and a new life -- in his home town of Akron, Ohio.
Although the judge's ruling frees Gates, it does not exonerate him. There will be a separate hearing to make that determination after more DNA testing is completed.
"This is very exciting and beautiful," Gates said as he tried to figure out how to operate the cellphone belonging to his Arizona-based attorney. Gates said he was trying to "process everything" now that he had been released from a life sentence.
At Tuesday's hearing, senior Judge Fred B. Ugast angrily criticized government officials who relied heavily on the testimony of an FBI analyst during Gates's trial. The analyst incorrectly linked two hairs from an African American male to Gates. The hairs were found on the body of Catherine Schilling, 21, a white college student who had had been shot five times in the head in 1981. Semen was found on her body.
A 1997 review by the Justice Department discredited the work of that FBI analyst, Michael P. Malone, and 13 other analysts, finding that they had made false reports and performed inaccurate tests.
Although DNA exonerations have received nationwide publicity, Gates is only the second District defendant to be cleared using DNA, according to the Innocence Project, a national group dedicated to exonerating wrongfully convicted people. The last was in 1990.
In this case, attorneys said, the U.S attorney's office will have a difficult time convicting Schilling's real killer, even if they identify him. Evidence and case files are missing, and the original trial jacket is gone, officials said.
Gates continued to fight for his exoneration from the Tucson prison where he was held, one of various prisons across the country to which D.C. convicts are sent. Last year, the District's Public Defender Service filed a motion to have further DNA testing done on Schilling's remains. Those and subsequent tests discovered another man's DNA and indicated that Gates did not commit the crime, attorneys said in court.
Ben Friedman, a spokesman for the U.S. attorney's office in the District, said the case is now considered an "ongoing investigation." Detectives are checking national DNA databases in an attempt to identify a new suspect. "If we don't have the correct murderer, we're going to do everything we can to find who the correct murderer is," Friedman said.
Reached at her Colorado home, Margaret Schilling, declined to comment on her daughter's case.
In court, Ugast asked how such a mistake could occur and go undetected for so long. "This is outrageous," the judge said. He ordered a review of all convictions in the District in which Malone testified. "We are trying to right a wrong," he said.
Prosecutors said authorities had relied on more than testimony about hair when they asked a jury to convict Gates. A government-paid informant who said he knew Gates from the five years Gates lived in the District in the early 1980s testified that Gates confessed to him. Gates told attorneys that he had never heard of the witness.
Another witness testified that Gates tried to rob her just days before Schilling was killed and in the same place.
Ugast, who is a former chief judge and is now on senior status, oversaw the Gates trial in 1982. A jury found Gates guilty of felony murder while armed, and Ugast sentenced him to 20 years to life.
In 1988, Gates wrote Ugast from prison asking the judge to order a DNA test. He even promised to pay for the test himself. Ugast granted the test. But at the time, genetic testing was less reliable, and the results were not conclusive.
Then in late 2007, as his former court-appointed attorney, Roger Durban, was preparing to retire, Durban wrote Ugast asking him to order another DNA test if Gates was still alive. Durban sent a copy of the letter to the District's Public Defender Service.
At the hearing, Ugast asked Assistant U.S. Attorney Joan Draper why it took so long for prosecutors to look into the case. "We began looking into it as soon as it was brought to our attention," Draper said.
Draper said the government would provide Gates with winter clothes, $75 and a bus ticket to Ohio, where he still has family. Gates's adviser, University of Arizona law professor Andy Silverman, who met him at the bus terminal, said Gates had to pay $35 for a cab ride from the prison to the Greyhound station.
At the hearing, Gates's attorney, Sandra K. Levick, asked that he receive more financial help. "Mr. Gates is a victim here. We ask the U.S. to use more resources beyond this pittance so Mr. Gates can get on with his life," she said.
Another hearing was scheduled for Dec. 23, at which prosecutors will review all the DNA testing to determine whether Gates should be exonerated and be released from having to register as a sex offender.
One of Gates's friends, Ricardo Nesbitt, who attended the hearing, said he never thought that his friend could have raped and killed anyone. "I knew he wasn't the one," said Nesbitt, who used to play basketball with Gates on the public courts on Seventh Street NW and worked with him unloading trucks.
Gates "just wouldn't do anything like that. He deserves more than $75."
Food for thought: Jasper Schuringa, the hero of Flight 253, would not be allowed to sit next to an unaccompanied child on three airlines, because Jasper is male
Mr. Schuringa is not alone, of course. The policy would also assume that Jesus Christ, Saint Paul, Gandhi, Nelson Mandela, Abraham Lincoln, Captain Chesley Sullenberger, Barack Obama, Albert Schweitzer, every fireman who ever sacrificed his life running into a burning building to save someone, every serviceman who ever sacrificed his life -- and innumerable, countless other great men -- would not be worthy to sit next to an unaccompanied child on an airplane.
The absurdity of this policy is almost unfathomable, and it would be laughable were it not so hateful.
Samukeliso Maduma in trouble for FRA.
ZIMBABWE – TSHOLOTSHO- A 31-year-old Tsholotsho woman fell in love with her husband’s uncle aged 72 and later made a false report of rape against him in a bid to cover up the adulterous relationship, a magistrate heard on Wednesday.
The woman made the report when she thought some people had seen them while they were intimate in the bush.
Tsholotsho senior resident magistrate, Toindepi Zhou was told this at the initial appearance of Samukeliso Maduma, of Maqethuka Village.
She is facing a charge of making a false report as defined by the Criminal Law Codification and Reform Act.
She was remanded in custody to today for plea recording as she indicated that she was admitting to the charge.
Asked by the magistrate why she made a false report against the complainant Elias Moyo, Maduma said she was in love with him and on the day they were intimate in the bush, she thought someone saw them.
She said she wanted to counter the person so that when it reaches the ears of her husband it would appear that his uncle had raped her.
The prosecutor- in- charge of Tsholotsho courts, Fritz Madida, told the court that on 15 November, Maduma went to Tsholotsho Police Station and made a report that her husband’s uncle had raped her.
Moyo was arrested and remanded in custody on 16 November.
However, when police were making further investigations into the matter, Maduma revealed that she had lied against Moyo.
She was immediately arrested and a docket opened against her.
Saturday, December 26, 2009
The Detroit-bound terrorist is repeatedly referred to as a 'man,' and the heroic (male) passenger is referred to as a 'person'
As soon as I saw the headline, I figured that the heroes were mainly, or exclusively, male, and that this fact would not be highlighted by the press. I was right.
The news media can't repeat enough that the terrorist was a "man." But what about the folks who subdued him? In the above-story, early on, we read this: "At least one person climbed over others and jumped on the man, who officials say was trying to ignite an explosive device."
Did you get that? A "person" was the hero. Here we go, I thought. Just as the news outlet decided to call the terrorist a a "man," it also could have referred to the heroic "person" by his or her gender. The fact that it didn't, and that this sort of thing plays out in a thousand news stories every year, is not coincidence.
I had to read deep into the story to find the following: "Passenger Syed Jafri, a U.S. citizen who had flown from the United Arab Emirates, said the incident occurred during the plane's descent. Jafri said he was seated three rows behind the passenger and said he saw a glow, and noticed a smoke smell. Then, he said, 'a young man behind me jumped on him.'" (Emphasis added.)
So, the principal hero not only was a man, he was a much-maligned "young man." Funny, but the newspapers can't publish enough stories about the rudderless, underachieving young possessors of Y-chromosomes who can't stand the fact that that their undeserved male privilege has been stripped of them in the new "woman's world." And every time I read one of those stories, I know that they are written for the amusement of a certain sort of angry woman, and that they don't reflect the young men I come across. Funnier still. when I read the story about the Detroit-bound hero, I figured the hero was a young man, and I was right.
And, seriously, you'd better stop a minute before you accuse me of hypersensitivity. It is palpably politically incorrect to equate stereotypical good masculine qualities, such as heroism and risk-taking, with men and boys. Our enlightened news media, taking its cue from the crushing weight of a thousand feminist prevarications, insists that men and women are exactly the same and that nothing especially good emanates from masculinity. The news media will do backflips to find a woman or girl exhibiting typical masculine virtues, but highlighting the sex of a hero is verboten -- unless the hero is a she.
Recent case in point: The woman who shot Liberty Valence. The entire nation applauded Sgt. Kimberly Munley when everyone thought she was the one who brought down the Fort Hood shooter, Major Nidal Malik Hasan. Munley was hailed in some quarters precisely because she is a woman. Brave though she was, the news media initially got it wrong. It was Senior Sgt. Mark Todd who felled Hasan. A "he." Not much was written about Sgt. Todd, precisely because he isn't a woman.
You see, a man being heroic doesn't fit with the preferred metanarrative that men and women are exactly the same -- except men are more evil.
Thursday, December 24, 2009
Wednesday, December 23, 2009
Morally grotesque: false accuser not charged, or named; sexual assault counselor says 'believe the victim'
The decision not to charge the false accuser in this case is a manifestation of a sad national trend that allows false rape accusers to destroy the lives of men and boys with little or no punishment. We chronicle on daily basis the news accounts of men, boys, and, yes, even some women who have been falsely accused of rape and whose reputations are often damaged beyond repair. Many false rape victims are arrested and jailed for days, weeks or months before the lie that put them behind bars is exposed. Some are wrongly convicted and imprisoned for years before their false accusers recant or other evidence proves their innocence. Some false rape victims are beaten by angry relatives and friends of their false accusers, and, yes, some are even murdered (-- part of the "believe the [alleged] rape victim" mentality). Some can't bear the thought of losing their good names and tragically kill themselves.
For the "lucky" victims of false rape claim, they aren't wrongly imprisoned for years but, still, many lose their jobs and livelihoods, their spouses, girlfriends, and businesses because of even far-fetched rape lies that are quickly exposed. Some are never able to obtain decent employment again because the allegation trails them like a ghost for the remainder of their lives.
On that point, please note as you read the story that if this false accuser had named a male as her "rapist," his name would have been splashed all over the news. In contrast, even though she is a false accuser, she is still not named and her reputation will be relatively unscathed for the remainder of her life.
In addition, as you read the story, please note the comment at the end by the sexual assault counselor to "believe the victim." In light of the serious problem of false rape claims, and in light of the terrible harm that is often inflicted on men and boys falsely accused of rape, any advice to "believe the victim" is grotesque and irresponsible in the extreme. It assumes against all evidence that any woman or girl who cries rape is automatically a "victim," which also means that any man or boy named by an accuser must automatically be guilty -- the accused has lost the trial even before it has begun. For persons who believe that rape accusers must always be believed, I hope you are not male, or that you have no husband, sons, boyfriend, brothers, uncles, father or male friends because false rape accusations can victimize anyone born with a Y-chromosome. And if you are a female teacher, you are also at risk. You would do well to spend several weeks reading through the true-life accounts related on this website about the damage false rape claims cause to innocent people who are guilty by reason of penis -- victimized because they were a handy male scapegoat.
HERE IS THE NEWS STORY:
No charges in false sex assault report
By Nolan Rosenkrans
Posted: Wednesday, December 23, 2009 12:05 am
Prosecutors decided Tuesday not to charge a 19-year-old woman for falsely reporting she was sexually assaulted in a parking lot near Winona State University.
The woman, a WSU student, had told police a man sneaked up behind her early on Dec. 5, put a bag over her head and carried her to a parking lot where he took off her pants and assaulted her. Her claim spurred a police investigation and prompted the school to issue a campus-wide safety alert.
But the woman later admitted the report was fake, police said.
The case highlights a difficulty faced by police and prosecutors in cases of fraudulent sexual assaults. Officials weighed the benefits of seeking justice with the chance that charges could make actual victims less likely to come forward.
"We didn't take this lightly; there was a lot of time, a lot of effort behind this," Deputy Police Chief Tom Williams said. "It's a tough call. We don't want true victims to not come forward, because we obviously take them very seriously."
Police wrote a citation for the woman, but referred the case to the City Attorney's Office for review - an unusual step for a misdemeanor ticket that indicates the sensitivity of the case.
Assistant City Attorney Brian Glodosky said this was the first time he has dealt with a citation for a false sex assault report. He spent extra time reviewing the case file and even spoke to the woman before deciding not to pursue charges.
"Just because we can convict someone of something doesn't always mean we should," he said.
Glodosky declined to prosecute because the woman has a clean record and is an honor roll student, and because the incident appeared out of character for her, he said. The woman has problems that could be better handled outside of the court system, the prosector said, declining to be more specific.
The woman agreed to reimburse the police department for the cost of the investigation.
Victims advocates say they hope the case doesn't discourage actual victims from coming forward, or cause community members to doubt other reports of sexual assault.
"Don't take (rape reports) lightly," said Lori Woodward, director of Winona's Women's Resource Center. "Believe the victim."
1. She was 15 and "extremely intoxicated."
2. None of her descriptions matched Mr. Uttley
3. No DNA of Mr. Uttley was ever found, but 3 other men's DNA was. Sounds like she had a busy night.
4. The final sentence of this story, is one of the most frightening things I've ever read: "The Crown asked for time to consider the judgement over whether to make a motion for a new prosecution."
So, the Crown is considering retrying the case, even though the court of appeals thinks this was a "miscarriage of justice."
The moral of the story? As sad as it is, being a good Samaritan is a good way to go to prison in today's society. It may be a better idea to just walk away and not help.
Desmond Uttley has conviction overturned.
A man who was jailed for rape after going to the aid of a drunken teenager in Edinburgh has been declared a victim of a miscarriage of justice.
Desmond Uttley was sentenced to six years in jail after he was found guilty of raping the 15-year-old girl in 2002.
However, after hearing new evidence, judges at the Court of Criminal Appeal overturned his conviction.
The 35-year-old had denied raping the schoolgirl at his Lochend Gardens home on 14 June in 2002.
He had stood trial at the High Court in Glasgow later that year.
The girl had been out with a 14-year-old male friend and both been "extremely intoxicated" after drinking cider.
She was unable to stand without help and was lying on the road in the pouring rain when Mr Uttley arrived on the scene and helped her friend to pick her up.
He invited them both back to his house and carried the girl to his home where he laid her on a bed and she fell asleep.
During Mr Uttley's trial she identified him as her attacker, although she had given the police two descriptions of her assailant, neither of which matched him.
After jurors retired to consider their verdict, they returned to the court with questions over whether tests were carried out on swabs taken from the teenager, and if Mr Uttley's DNA was present on them.
The trial judge, Lord Menzies, told them there was no DNA evidence in respect of those swabs.
The appeal court heard that no blood or semen was found on the swabs from the teenager and they were not submitted for DNA testing.
Mr Uttley's defence lawyers on Thursday led evidence at his appeal from a Strathclyde University forensic science lecturer, Dr Adrian Linacre, who was asked to examine swabs taken from the teenager in 2004.
He carried out a particular type of DNA analysis on the Y chromosome, which was different from the standard genetic fingerprinting test.
He found no DNA matching Mr Uttley, but did find there was some from three other male sources.
Lady Dorrian said: "We are satisfied that the verdict, returned in ignorance of this evidence, must be regarded as a miscarriage of justice."
The Crown asked for time to consider the judgement over whether to make a motion for a new prosecution.
Thanks to gwallan for the tip.
Elgin court told of huge investigation
A PREGNANT teenager’s mother said today she was mystified over why her daughter falsely claimed she had been raped at knifepoint.
Moray College student Lucinda Hicks, of 23 Kingsmills, Elgin, told officers she had been raped by an unidentified man on a pathway near Grampian Road, Elgin, on April 9.
Elgin Sheriff Court heard the false allegations resulted in Grampian Police devoting almost 800 police officer hours to the inquiry and questioning more than 300 people.
Hicks, 17, had her sentence deferred after she admitted making false representations and causing the police to devote time and services, at the public expense, to an investigation which she knew to be false.
Tuesday, December 22, 2009
But prejudice and hatred have no application to men on our gender-politicized college campuses. White college boys are the feminists' piñatas, fair game to be beaten for sport.
The organizations that sponsor these posters ostensibly want to engage men in positive ways, but generally, ill-conceived efforts like this are nothing more than manifestations of a pervasive movement to institutionalize women as unassailable victims and men as condemnable perps.
Posters like this never stopped a single rape, because rapists aren't shamed by things like this.
Here's the problem with the entire discourse: instead of talking about "rapists/criminals" and asking "non-rapists/innocent persons" to become involved to help fight rape, these organizations insist on fomenting gender divisiveness. To them, elevating women to victim status is actually the paramount goal, let us be honest. To them, "rape" is a concept much bigger than a crime; it represents purported historical female oppression and supposed white male privilege. In order to wrap women in the garb of victimhood, they feel it is necessary to hold "women" to zero responsibility for stopping rape. Women can drink to excess while engaging in sex play with men they barely know, and when they are raped, the mere suggestion that they should rethink such behavior is branded "VICTIM BLAMING!"
Men as a class, on the other hand, are held solely accountable for the violence to "women" as a class -- and we are told how women justifiably fear all men. Men as a class, they insist, are responsible for the supposed "rape culture," which, to them, is responsible for rape, and they seek to shame innocent men for all manner of alleged sins against women that are, by any reasonable measure, not rape -- leering, degrading speech, sexism of every kind, and other misconduct. You want to talk about those things? Fine. But don't insist they are in any sense comparable to rape or that they lead to rape. Studies show, for example, that the use of porn correlates with a reduction in rape. So what does that mean? If these organizations wanted to reduce rape, they'd be handing out Playboy Magazines to men on campus (and no, I don't condone porn, for other reasons -- but please don't tell me it has anything to do with rape).
You want to end rape? Let's get it straight: men, as a class, can't stop rape. Rapists can stop rape. There is no rape continuum in the real world outside of Womyn's Studies classes. There is rape, and there is non-rape. To suggest that men, the vast majority of whom are not rapists, thank you very much, have any greater responsibility to prevent rape than innocent women is absurdly sexist and seeks to hold males, as a class, responsible for the crimes that only a tiny percentage of men commit (and, yes, even some women rape, too). The fact of the matter is that women can prevent rape a hell of a lot easier than innocent men by taking steps to avoid putting themselves in danger with the rapists; especially: stop engaging in sex play with guys they don't know well while they're drinking. That would eliminate most of it.
I know, I know -- to the rape feminists, that is not a viable solution. You see, it's much easier to blame an entire gender for the malefactions of a few and to suggest that maleness is inherently evil and needs to be changed than it is to actually take steps to reduce rape.
And some people wonder why young men are staying away from college in droves!
Farah Jama, wrongly convicted of rape, walks free after prosecutors admit there may not have even been a crime
This highlights just how much hysteria is involved and has been generated by the 'rape industry', and how much we need to get back to the presumption of innocence in the judicial arena.
Student freed after prosecutors admit a crime may not have happened.
A STUDENT freed today after being wrongly convicted of rape says he feels "angry and depressed" after his ordeal.
Farah Jama was just 20 when he was accused of raping a woman found unconscious in a locked toilet cubicle in 2006.
He was acquitted today after prosecutors admitted there might not have even been a crime.
A man who had no prior convictions, Mr Jama will seek compensation after spending 18 months locked up for a crime he didn't commit.
Walking from court this morning with his father, Mr Jama said he was happy but had little faith in the justice system.
Mr Jama said while he was confident the truth would prevail, he was angered by his treatment.
"I know that the truth always will come out one day, everybody will see that I am innocent,'' he told reporters.
He described what happened to him as "very, very bad''.
"I feel really depressed and cannot imagine it, what happened. I feel really angry and depressed.''
He said his parents supported him throughout his ordeal and he planned to celebrate tonight.
The woman, aged in her 40s, had no memory of the night but a DNA swab was taken and later matched to a sample taken from Mr Jama.
He said he was at home praying with his family that night and not at the Doncaster over-28s nightclub where the woman was found.
Today, the Court of Appeal was told it was likely that the sample taken from the woman had been contaminated.
The same forensic officer who conducted the tests on the alleged rape victim had done another unrelated test the day before that involved Mr Jama's DNA.
No charges stemmed from the other test and it is unknown exactly how the contamination occurred.
The Court of Appeal was told it was possible the woman had not been raped at all.
She had never complained of sexual assault and could not recall the evening.
The court was told it was "improbable" that Mr Jama had even been at the nightclub.
Justices Marilyn Warren, Robert Redlich and Bernard Bongiorno overturned his conviction after the prosecution conceded contamination of the only evidence against him was likely.
His lawyer, Kimani Adil Boden, told heraldsun.com.au his client and his family had suffered greatly.
"His life has been put on hold," Mr Boden said.
Mr Jama's mother had begged him to help her son and after visiting him in prison, and Mr Boden was convinced he was not guilty.
"He assured me he was innocent. I then had to find a way to prove it," he said.
After fighting to have DNA tests taken again it became clear there had been a mix-up at the lab.
Mr Jama was bailed last month pending further investigation and on Friday got the news that he would be acquitted.
Mr Boden hailed a "momentous'' day for Mr Jama whose case he described as "tragic''.
"He's been in custody for close to one-and-a-half years on charges he didn't commit.
"Justice has finally been done, however, at a price.''
Mr Boden said Jama felt relieved at the decision.
"He always knew he was innocent. From his point of view, there was never any doubt,'' he said.
"The mother and the rest of the family always knew that he was innocent, they always believed that and the only thing that he was convicted on was the DNA evidence.
"So he is relieved, definitely relieved, but he is definitely traumatised to some extent.''
Thanks to gwallan for the tip.
Kathleen Foer-Morse requests psychiatric evaluation after false sexual assault claim.
COURTHOUSE — A lawyer for the Spring City woman accused of stealing more than $100,000 from a Norristown law firm where she worked and lying about being sexually assaulted while in custody is seeking a psychiatric evaluation for the woman.
Kathleen Foer-Morse, 49, formerly of Bridge Street, is showing signs of “extreme emotional upset and crying” and is experiencing tremors, according to court papers filed by defense lawyer Elliott Goldberg.
Goldberg, who asked a judge to approve a psychiatric evaluation for Foer-Morse, said his Nov. 18 meeting with Foer-Morse revealed that her “emotional condition has deteriorated.”
Goldberg indicated in court papers that he will be unable to continue representing Foer-Morse without the benefit of a current psychiatric evaluation. Foer-Morse cannot pay for an examination, Goldberg said.
“It is essential for purposes of plea discussions to have a current examination,” Goldberg wrote in court papers, hinting at a possible mental illness defense.
Goldberg has asked a judge to transfer Foer-Morse from the county jail to Norristown State Hospital for treatment and evaluation.
A judge has not yet set a hearing on the request.
Foer-Morse is currently at the county jail in lieu of $99,000 cash bail while awaiting trial on charges of theft by unlawful taking or disposition, theft by deception, theft by receiving stolen property and forgery for allegedly stealing $100,937 from the Norristown law firm of High Swartz on East Airy Street where she worked as a paralegal.
Foer-Morse also is charged with unsworn falsification to authorities and making false reports to law enforcement in connection with her alleged false report to Montgomery County prison officials that she had been sexually assaulted by a male prisoner on May 26 while the two were held in a holding cell room at District Court Judge Margaret Hunsicker’s Norristown office where she appeared for her preliminary hearing in the theft-related case.
Prosecutors said a sexual never occurred and that numerous police officers, detectives and court staff were near the holding room and didn’t observe anything out of the ordinary.
Foer-Morse didn’t file a complaint until she got back to the county jail. However, when she was interviewed about her allegations by county detectives two days later, she confessed that her complaint of a sexual assault was a lie, according to the arrest affidavit.
The alleged theft case involved two estate accounts handled by the law firm. Foer-Morse was hired by the law firm in July 2008 and was fired on May 1, according to authorities. The alleged thefts from the two estate accounts occurred between November 2008 and May 2009.
Foer-Morse allegedly wrote nine checks, totaling $50,087, from one estate and three checks, totaling $50,850, from the second estate, and forged the names of the executors before depositing the checks into her own accounts.
Foer-Morse obtained the paralegal job while she was awaiting sentencing on grand larceny-related charges in New York, where she pleaded guilty to theft offenses, admitting to stealing $285,000 from a Manhattan law firm for which she once worked.
Investigators learned that Foer-Morse allegedly used the money she stole from the Norristown firm to pay some of the restitution she owed in connection with the New York case.
Monday, December 21, 2009
'Mark this feminist's words: Some women lie about sexual assault and some rapists go free -- but the response in either case shouldn't split down gender lines'
False sexual assault accusations are a feminist issue
By Tracy Clark-Flory
We've all heard various renditions of the story of the woman who cried rape. It's often dubiously told by men from behind bars, but sometimes it comes straight from the accuser herself. This week, a new version that falls into the latter category is making the rounds: On Monday, 27-year-old Biurny Peguero of New Jersey pleaded guilty to perjury after her false allegation about a gang rape sent William McCaffrey, an innocent man, to jail. He served three years of a 20 year sentence before she came forward with her confession.
It all began in September 2005, when Peguero went out drinking with friends. In the wee hours of the morning, she ran into McCaffrey and he invited her to an early-morning party. She ditched her pals and drove off with him -- but when they started blowing up her cellphone, presumably wondering where she had gone, she had McCaffrey drive her back to meet up with them. That did nothing to diffuse the situation, however: Upon her return, Peguero and her friends got into a physical brawl that involved hitting and biting. One woman even kicked and broke her car window during the clash. At one point, it's unclear why, one of her pals asked whether the man Peguero had disappeared with had raped her; she said "yes" to garner sympathy, according to court documents.
From there, news reports suggest that the lie spun out of control or something -- but such life-destroying dishonesty doesn't (casual shrug) just happen. Before she fessed up, it took repeatedly telling her story to police, lying to a grand jury, testifying during a rape trial, sitting through the falsely accused's brutal sentencing and twiddling her thumbs for three years while an innocent man sat behind bars. It was only upon guidance by a Catholic priest that she decided to turn herself in. Now, she rightfully faces a maximum punishment of seven years in prison.
Feminists are often characterized as applying the "guilty until proven innocent" rule to rape cases and the "innocent until proven guilty" standard to allegations of a woman crying rape. But mark this feminist's words: Some women lie about sexual assault and some rapists go free -- but the response in either case shouldn't split down gender lines.
Sounds to me, like two criminals were allowed to get away with their crimes with no punishment.
Bryan Davies dies of heart attack after falsely being accused of paedophilia.
An innocent man, who suffered months of abuse in a Lancashire community after false claims he was a paedophile, has died of a heart attack.
Two girls alleged Bryan Davies, 63, had sexually touched them in August - but police found their claims were false and had no foundation.
His wife Debbie Davies believes the subsequent hate campaign in Accrington caused his death on Friday.
Police said they were continuing to provide support to the family.
"The doctor told me my husband died of a massive heart attack," Mrs Davies, 43, said.
"As far as I am concerned those girls are responsible for what happened to Bryan."They are just nasty individuals. They have got nothing between their ears, they are morons."
The allegations were made after the couple refused to let the girls sleep over at their house or walk their dog, Mrs Davies said.
Although the girls' stories were dismissed by officers Lancashire Police did not prosecute the pair.
A spokeswoman for the force said the decision was based on their ages and a more "informal approach" was taken with the the help of social services.
Police later handed out leaflets to locals in the neighbourhood to state officially the allegations were "false and without any foundation whatsoever".
But a brick through their window, slashed car tyres and constant shouts of "paedo" and "pervert" in the street increased Mr Davies's stress, his widow added.
Brick through window
The couple moved homes to another street in the town recently but malicious rumours spread and the abuse continued.
Mr Davies, originally from the Cardigan Bay area of Wales, had a brick thrown through the window of his house last week.
And on Friday he was taken to hospital with a kidney problem but slipped into unconsciousness and later died.
Lancashire Police said they had made "reassurance visits" to Mr Davies's house on 29 November and again on 1 December.
Insp David Mangan said: "Our neighbourhood policing teams have been working closely with Mr Davies and his wife throughout and every complaint has been taken very seriously.
"This is obviously a very sad time for Mr Davies's family and we are continuing to provide support for them."
Thanks to AFOR for the tip.
Unfortunately, the link to this news story has since been pulled.
It appears to be a case of falsely claiming rape to cover up being out late, being drunk, and based on what she stated, doing cocaine. It sounds like she partied it up, hooked up with someone, and then didn't want her family to know.
Francia Lopez charged with false reporting.
HAVERSTRAW Â— A 23-year-old woman who claimed three men kidnapped and raped her in a trailer park was charged last night after police said she made up the story.
After spending the weekend investigating the woman's report, Haverstraw police detectives and officers found that Francia Lopez's story didn't stand up to facts, Haverstraw police Lt. Martin Lund said.
Police interviewed more than 100 people in the Parkway Trailer Park and the Pomona area, several of whom told them they saw Lopez during the eight or nine hours she claimed to have been held captive, Lund said.
Police also followed up on public sightings of vehicles matching the description of a red, four-door Jeep that she claimed was used in the attack. Officers also did identity and background checks on people, Lund said.
When all leads failed to turn up any suspects, police called Lopez back to police headquarters last night for another interview.
Police then charged her with third-degree falsely reporting an incident, a misdemeanor.
She was released without bail for arraignment on March 15 in Town Court.
"Through our investigation, we found some flaws in her story," Lund said. "We brought her back for another interview, and she recanted her statements."
The woman's report and subsequent police investigation brought the media to Parkway Trailer Park, off Route 202.
"This received such a public outcry and media awareness, we want the public to know that there is not three people running around abducting people," Lund said.
Lund said Lopez might have made up the story to explain to her family why she was out until 6 a.m.
Police said Lopez called them at 6:04 a.m. Friday and told them that she had been walking home from her uncle's house in Parkway Trailer Park at 9 p.m. Thursday when three men drove up to her in a red Jeep.
She told police that one of the men called out her first name and, after she ignored him and kept walking, the driver pulled the vehicle next to her, police said.
She told detectives that one man claimed they knew her brother and they would kill him if she didn't get into the car, police said.
One man pulled her into the car and drove to a wooded area, detectives said Friday.
She told police they forced her to drink alcohol and snort cocaine, and then they raped her.
She reported that she escaped, and said she called the police from a Route 202 gas station near the trailer park.
She said she did not know the wooded area where she had been taken, and she had bruises and remained intoxicated for most of Friday in Good Samaritan Hospital, police said.
Lund said last night that the woman seemed drunk, but toxicology reports were pending on the level of substances in her system.
Lund said the Haverstraw police were assisted by the Sheriff's Department Bureau of Criminal Investigation and detectives from the Rockland County District Attorney's Office.
"We spent countless hours thinking we might have a serious crime that occurred and serious people who needed to be apprehended," Lund said.
Saturday, December 19, 2009
Friday, December 18, 2009
Princess Smartypants By Babette Cole (Puffin, £5.99)
A riotously subversive read. "Princess Smartypants did not want to get married. She enjoyed being a Ms." Princess Smartypants keeps giant slugs as pets and challenges her geeky prince suitors to roller-disco marathons. When one of them finally wins her over, she kisses him, intentionally turning him into a toad. "When the other princes heard what had happened to Prince Swashbuckle, none of them wanted to marry Smartypants. So she lived happily ever after." Excellent. Although, interestingly, the children seriously struggled with the idea that anyone might not want to get married.
The Pirate Girl By Cornelia Funke (Chicken House, £5.99)
Molly is in her boat, sailing off on holiday to her granny's, when she is kidnapped by Captain Firebeard and his vicious band of pirates. But they chose the wrong girl. Molly's mother is Barbarous Bertha and when she comes to rescue her daughter she brings her own ferocious crew. Brilliant – although I worried slightly about the male pirates. At the end they are forced to polish Barbarous Bertha's boots 14 times a week. Punishing the oppressor is not true feminism, it's just role reversal. Still, this was the most successful read and I would recommend it to anyone.
ST GEORGE’S, Grenada, CMC – A woman whose accusation that she had been raped resulted in the arrest of a young man, has been charged with making a false report to the police.
Police said that Sharmanda Andrews, 21, has been placed on EC$7,000 (US$2,592) bail and will re-appear in court on December 21.
In October, Andrews claimed that she had been raped by the man, who is still in police custody, but when the matter came up in court, she did not make an appearance, but wrote a letter to the magistrate indicating that she had made false claims about the rape.
Court officials that if convicted, Andrews could be sentenced to a maximum of five years in jail.Link:
He is longest-serving prisoner exonerated by genetic tests, attorneys say.
BARTOW, Fla. - James Bain used a cell phone for the first time Thursday, calling his elderly mother to tell her he had been freed after 35 years behind bars for a crime he did not commit.
Mobile devices didn't exist in 1974, the year he was sentenced to life in prison for kidnapping a 9-year-old boy and raping him in a nearby field.
Neither did the sophisticated DNA testing that officials more recently used to determine he could not have been the rapist."Nothing can replace the years Jamie has lost," said Seth Miller, a lawyer for the Florida Innocence Project, which helped Bain win freedom. "Today is a day of renewal."
Bain spent more time in prison than any of the 246 inmates previously exonerated by DNA evidence nationwide, according to the project. The longest-serving before him was James Lee Woodard of Dallas, who was released last year after spending more than 27 years in prison for a murder he did not commit.
As Bain walked out of the Polk County courthouse Thursday, wearing a black T-shirt that said "not guilty," he spoke of his deep faith and said he does not harbor any anger.
'I'm not angry'"No, I'm not angry," he said. "Because I've got God."
The 54-year-old said he looks forward to eating fried turkey and drinking Dr Pepper. He said he also hopes to go back to school.
Friends and family surrounded him as he left the courthouse after Judge James Yancey ordered him freed. His 77-year-old mother, who is in poor health, preferred to wait for him at home.
With a broad smile, he said he looks forward to spending time with her and the rest of his family.
"That's the most important thing in my life right now, besides God," he said.
Earlier, the courtroom erupted in applause after Yancey ruled.
"Mr. Bain, I'm now signing the order," Yancey said. "You're a free man. Congratulations."
Thursday's hearing was delayed 40 minutes because prosecutors were on the phone with the Florida Department of Law Enforcement. DNA tests were expedited at the department's lab and ultimately proved Bain innocent. Prosecutors filed a motion to vacate the conviction and the sentence.
"He's just not connected to this particular incident," State Attorney Jerry Hill told the judge.
Innocence Project's causeAttorneys from the Innocence Project of Florida got involved in Bain's case earlier this year after he had filed several previous petitions asking for DNA testing, all of which were thrown out.
A judge finally ordered the tests and the results from a respected private lab in Cincinnati came in last week, setting the wheels in motion for Thursday's hearing. The Innocence Project had called for Bain's release by Christmas.
He was convicted largely on the strength of the victim's eyewitness identification, though testing available at the time did not definitively link him to the crime. The boy said his attacker had bushy sideburns and a mustache. The boy's uncle, a former assistant principal at a high school, said it sounded like Bain, a former student.
The boy picked Bain out of a photo lineup, although there are lingering questions about whether detectives steered him.The jury rejected Bain's story that he was home watching TV with his twin sister when the crime was committed, an alibi she repeated at a news conference last week. He was 19 when he was sentenced.
Florida last year passed a law that automatically grants former inmates found innocent $50,000 for each year they spent in prison. No legislative approval is needed. That means Bain is entitled to $1.75 million.
And now we have judges who are spouting stats that are so out of line with reality, it makes one shudder. 1 in 13? Really? Funny, everything I've read says that of cases that go to trial, 41% end in conviction. How does that correlate with 1 in 13?
Kirsty Moir sentneced to 9 months in custody
A teenager, whose false rape claim ran up a £100,000 police bill, has been sentenced to nine months in youth custody.
Kirsty Moir, 18, told police she was dragged into a park in Darlington by a stranger she met in a nightclub taxi queue and raped in a bandstand.
But Teesside Crown Court was told on Monday that Moir willingly had sex twice in the bandstand and back at the home of supermarket worker James Alleyne.
Police raided the home of 19-year-old Mr Alleyne after the allegations were made and his solicitor told him he faced a possible life jail sentence.
Real rape victims
County Durham police launched a massive hunt codenamed Operation Archery, which involved 800 man-hours.
Mr Alleyne and his parents in Darlington lived a nightmare for three months until Moir confessed it had been consensual sex.
Judge Guy Whitburn QC told Moir her actions could wreck the claims of real rape victims where the conviction rate used to be 1-in-3 but was now 1-in-13.
Moir, of Phoenix Place, Newton Aycliffe, pleaded guilty to perverting the course of public justice between 21 April and 19 July 2002.
Thursday, December 17, 2009
. . ..
I used to do work with a group in TN that opposes the death penalty, because I’m against the death penalty in a capitalist system. I’ve written papers on it. It’s situations like the one at Duke that have forced me, many times, to reevaluate my position, though I still stand firm that under capitalism the legal system won’t deliver justice to those sorely in need of it.
Right now I’m thinking that these men, even the ones who stood by and didn’t stop what was happening, even the ones who maybe only watched, they’re ALL guilty of rape, and right now my gut and my heart tell me that they’re wasting precious oxygen and resources by being allowed to live.
After looking at my local “sex offender” registry, it seems that in TN law enforcement does a better job of castigating small-time drug dealers and meth addicts. You’re more likely to stay in jail longer for these kinds of offenses than if you commit a sex crime- sexual assault or statutory rape, say.
The law isn’t the place to look for guidance or comfort. It never has been.
I wish that we’d evolved to a point where “paranoia” over social upsurge as a reaction to rape wasn’t just a “white paranoia.” I wish you could call it “male paranoia,” if that makes sense. But we aren’t, because we don’t have the same kind of social upheaval around the issue of rape here, for some wacky reason. Men are very comfortable in that they don’t have to worry about riots and fires and losing their own personal property when a woman is raped and her attackers are set free. And I’m not saying that in any sort of attempt to negate the “blackness” of the woman who was brutally attacked at Duke. This “black-woman”-ness will be key in the white-male defense strategy, because defense attourneys can play on all the preconcieved notions that the white-male-centric legal system holds when it comes to people that aren’t white and aren’t men.
That said, my hope is that these fuckwads get the steepest sentence imaginable that’s available for what they’ve done. I don’t think what’s available is enough, but that’s my humble opinion, I guess.
I hope that my sister in NC comes out of this whole thing as close to “OK” as she can. Her life’s been permanently changed at the whim of privileged white debauchery. I fucking hate that. Hate it like crazy, and I hate it more and more every second of the day; as a result I turn the mirror to myself to see what it is I can do, on a day-to-day level, with my life and myself to stop this system that just acts as fucking anal-ease for men who feel like doing this sort of thing. I think that if I’m doing that, then all the men, radical or not, leftist or not, all the men reading this blog need to be doing the same thing. I hope that’s happening. It seems like it, from the commentary here.
I might comment more later. Right now I gotta go and fight the man.
Two men had to have medical examinations and lengthy interviews
A Moray woman who falsely accused two men of raping her was ordered to do 200 hours of community service yesterday.
Leoni Campbell admitted making the allegations in 2006 when she appeared at Elgin Sheriff Court.
Campbell claimed she had been raped by a 20-year-old man on July 12 and by a 22-year-old man on August 2.
Her address was given in court papers as c/o Public Defence Solicitors Office, 17 Queensgate, Inverness.
Fiscal depute Shona Duncan told the court that Campbell’s allegations had meant the men were subjected to medical examinations and lengthy police interviews.
Charges had not been brought in either case, she said.
Campbell’s agent, Diane MacFarlane, said her client had not known either man personally. She had identified one of them by flicking through previous school yearbooks.
She said 20-year-old Campbell, who was 16 when she made the false rape allegations, had matured considerably since giving birth four months ago.
She did not know why Campbell had made the allegations but suggested that her motive may have been to get the attention of a man, with whom she later struck up a relationship.
Campbell initially reported the false rape allegations to this man. He informed her mother, who in turn contacted police.
Ms MacFarlane said psychological assessments suggested Campbell had slight learning difficulties.
She added: “She presents herself as a very pleasant young woman but a young woman who is rather simple in how she proceeds in matters and thinks of things.”
Sheriff Noel McPartlin said accusations of the nature involved were very often punished by a custodial sentence.
He said: “Even if the first approach to the police did not come from yourself you confirmed those accusations and caused inquiry to be made and innocent people be placed under suspicion.
“For offences such as that the courts would very often impose a sentence of imprisonment but you have never been in trouble before.”
He added: “As an alternative to a prison sentence I propose to order you to carry out 200 hours of community service.”
Chalk up another one. Since she withdrew, and police are satisfied that no sexual assault took place, this can only be classified as a false report. At least no one was arrested, and no names divulged.
WILTSHIRE Police have halted an investigation into an alleged serious sexual assault in Tidworth after a young woman withdrew her allegation.
The Journal reported last week that the girl was dragged into woodland and assaulted near Beech Hill Road on October 21.
DI Matthew Johnson said: “The woman has since withdrawn the allegation and officers are satisfied from their enquiries that she has not been the victim of a sexual assault.
“Wiltshire Police take any allegations of sexual assault extremely seriously and officers will respond by thoroughly investigating.”
Wednesday, December 16, 2009
Police considering charges
A woman who reported to police that she had been the victim of a sexual assault in her Southeast Waynesboro home on Monday is now admitting that she made the story up.
The woman, whose name has not been released by Waynesboro Police, could face charges for filing a false police report.
The admission came during an interview with police investigators this morning, Waynesboro Police Sgt. Kelly Walker said.
“There were some inconsistencies in her story and some things that she was putting forward that could not be corroborated in any way,” Walker told AugustaFreePress.com.
Police combed the immediate area around the woman’s home between the Waynesboro Country Club on Meadowbrook Avenue and Lyndhurst Road in the hours after the 4:30 p.m. Monday report to police. The report was quite specific, describing the assailant as a 6-foot tall white man with dark hair, dark eyes and wearing khakis and a white T-shirt. The report included the detail that the suspect had fled the scene of the alleged crime in a green 2002 Ford Explorer.
A story in Tuesday’s News Virginian reported that police stopped a vehicle matching that description and conducted interviews with the vehicle’s occupants. Walker told AugustaFreePress.com today of another part to the backstory to the incident.
“We had gotten some calls during the day about some vacuum-cleaner salesmen. Because of that happenstance, we began putting some of that together with this case,” Walker said.
“Four or five men” associated with the vacuum-cleaner sales team were brought in for questioning, Walker said.
None of the men brought in for questioning met the physical description of the suspect, “but we didn’t know that until we rounded them all up, obviously,” Walker said.
Tips called into police in the days following the alleged assault included questions from people claiming to know the accuser that raised issues for investigators concerning the veracity of her story, according to Walker.
“The questions started to build. It wasn’t something immediate. It just built over time,” Walker said.
Walker could not give a time frame on when a decision on possible false-report charges could be made.
“We look at the state of mind of the person making the report. The histories - medical, mental health, whatever. In the end we try to make a decision that serves justice and also accounts for the resources that the city poured into the accusation,” Walker said.
“The nature of the alleged crime, the location, all of that contributed to an atmosphere of fear. I can tell you that I received calls from several citizens about, What should we do, Should we go about our daily routines, Should we lock our doors? It did raise a sense of angst in the community. That has to be considered as well,” Walker said.
Second Story (Please note the comments interspersed)
STAUNTON — Investigations into two alleged rapes this week that reportedly occurred in Waynesboro and Staunton have been closed as unfounded, police departments in those cities said Thursday.
Some who comment on this blog equate the "unfounded" with the false category. This is an example of how that stat is skewed. This is a FALSE accusation, not just an unfounded accusation. We are reasonably certain it is false, just as we would be reasonably certain a rape occurred when a man is convicted in the face of clear evidence. She lied about the whole thing. But this is now classified merely as "unfounded." What percentage of those that are false end up classified this way? Likely, we will never know.
On Tuesday, a 36-year-old Waynesboro woman told police she was raped during a break-in at her home located between Lyndhurst Road and the Waynesboro Country Club. On Thursday morning, Sgt. Kelly Walker of the Waynesboro Police Department said the woman admitted she lied about the attack after police questioned her about inconsistencies in her story. Walker said a charge of making a false report is pending against the unidentified woman.
In Staunton, police received a report of an alleged rape Wednesday at a 23-year-old woman's residence on Greenville Avenue. On Thursday, Capt. Leslie Miller of the Staunton Police Department said the case also was closed as unfounded. No charges were filed against the woman who reported the rape.
A second false report, a second classified as "unfounded" instead of false, and again, we see the person filing the false report is allowed to walk away with absolutely no punishment.
Walker said false reports are a waste of police resources, and said bogus statements by alleged victims tend to put an unneeded fear in the public, especially in neighborhoods where crime is typically low such as the area where the alleged rape took place Tuesday.
"It's not a crime-prone neighborhood at all," Walker said.
False rape reports in general, Walker said, can be detrimental down the road when an actual rape has occurred, and he said victims may be reluctant to step forward in the future for fear of not being believed. Regardless, Walker said the Waynesboro Police Department will pursue a rape allegation with fervor.
Ok, I must admit, I'm getting so tired of hearing how an FRA will affect some hypothetical, possible, imaginary rape victim down the road. What about those who are falsely accused? Can we maybe focus on the actual victim of the crime that has been committed?
"It doesn't matter on our end," Walker said. "When we receive a rape report, we go at it full bore."
Miller said police never go into a rape investigation with preconceived notions and said they strive to remain objective. She said investigators are careful not me make rash decisions during such an investigation.
But wait a minute, I keep hearing that law enforcement doesn't take rape reports seriously, and that they tend to have their minds made up before they even start investigating. You mean the people who keep saying that aren't telling the truth? They wouldn't happen to be making an emotive issue out of it, you know, to keep the hysteria running, would they?
"If you have a real incident, it's not something you want to rush through. It's very sensitive and it can be very embarrassing," she said. "It's a serious crime."
And so is falsely accusing someone of rape, Sgt. Walker. And yet, in one of those above, the criminal was allowed to walk away without even being charged. So tell me exactly how it is that your department takes crime seriously? The citizens of your area should be asking some very uncomfortable questions of their police.
She has been charged with filing a false report. And she is now named.
WAYNESBORO — The Waynesboro Police Department announced this morning that a woman has been charged with making a bogus rape report.
Wendy M. Earney, 36, of Waynesboro is charged with knowingly making a false police report.
Police said Earney reported Dec. 8 that she was raped during a break-in at her home located between Lyndhurst Road and the Waynesboro Country Club.
Last week, Waynesboro police Sgt. Kelly Walker said the rape was listed as unfounded after a number of inconsistencies in Earney’s story were uncovered.
Earney was arrested Wednesday on the misdemeanor charge. She is free on a personal recognizance bond.
Samantha Ramirez indicted after trying to escape and falsely claiming rape.
A Shelby woman was indicted by the Richland County Grand Jury on charges of escape, falsification and making false allegations after she ran out of a police cruiser in early October and accused the officer of raping her.
The incident began when Samantha Ramirez, 19, collapsed during a hearing in Shelby Municipal Court and was taken to MedCentral Shelby Hospital for treatment by Shelby Police Officer John Guisinger. After treatment, Ramirez was being transported to the Richland County Jail when she jumped out of the vehicle an fled.
She was later found at Ashland Samaritan Hospital where she accused the officer of raping her.
She later confessed she lied.
h/t to one of our readers.