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kalikshama -> RE: Should we have the death penalty for rape? (5/28/2012 6:59:07 AM)
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quote:
As pointed out in the Long Beach case, we can get "victims," who just flat make shit up.
Not very often. When you throw out the attitude of "it wasn't rape because he didn't use a gun," etc, it's about the same as false accusations of other crimes.
I dare you to define rape as only occurring by strangers in dark alleys by men using guns on women they do not know who were modestly dressed and sustained serious injuries.
http://en.wikipedia.org/wiki/False_accusation_of_rape
...FBI statistics
FBI reports consistently put the number of "unfounded" rape accusations around 8%. The average rate of unfounded reports for Index crimes is 2%.[2] However, "unfounded" is not synonymous with false allegation.[3] Bruce Gross of the Forensic Examiner's says that:
This statistic is almost meaningless, as many of the jurisdictions from which the FBI collects data on crime use different definitions of, or criteria for, "unfounded." That is, a report of rape might be classified as unfounded (rather than as forcible rape) if the alleged victim did not try to fight off the suspect, if the alleged perpetrator did not use physical force or a weapon of some sort, if the alleged victim did not sustain any physical injuries, or if the alleged victim and the accused had a prior sexual relationship. Similarly, a report might be deemed unfounded if there is no physical evidence or too many inconsistencies between the accuser's statement and what evidence does exist. As such, although some unfounded cases of rape may be false or fabricated, not all unfounded cases are false.[4]
British Home Office
The largest and most rigorous study was commissioned by the British Home Office and based on 2,643 sexual assault cases (Kelly, Lovett, and Regan, 2005). Of these, 8% were classified by the police department as false reports. Yet the researchers noted that some of these classifications were based simply on the personal judgments of the police investigators and were made in violation of official criteria for establishing a false allegation. Closer analysis of this category applying the Home Office counting rules for establishing a false allegation and excluding cases where the application of the cases where confirmation of the designation was uncertain reduced the percentage of false reports to 3%. The researchers concluded that "one cannot take all police designations at face value" and that "[t]here is an over-estimation of the scale of false allegations by both police officers and prosecutors." Moreover, they added:
The interviews with police officers and complainants’ responses show that despite the focus on victim care, a culture of suspicion remains within the police, even amongst some of those who are specialists in rape investigations. There is also a tendency to conflate false allegations with retractions and withdrawals, as if in all such cases no sexual assault occurred. This reproduces an investigative culture in which elements that might permit a designation of a false complaint are emphasised (later sections reveal how this also feeds into withdrawals and designation of ‘insufficient evidence’), at the expense of a careful investigation, in which the evidence collected is evaluated.[5][6][7]
Police in Victoria (Australia)
Another large-scale study was conducted in Australia, with 850 rapes reported to the Victoria police between 2000 and 2003 (Heenan & Murray, 2006). Using both quantitative and qualitative methods, the researchers examined 812 cases with sufficient information to make an appropriate determination, and found that 2.1% of these were classified by police as false reports. All of these complainants were then charged or threatened with charges for filing a false police report.[8]
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