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False accusations of sexual offences

Comments

  • #2
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    Well on the civil side I would take a defamation case against the accuser for certain.


  • #3
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    NoQuarter wrote: »
    Well on the civil side I would take a defamation case against the accuser for certain.

    Malicious falsehood too.


  • #4
    Corruptable
    Registered Users, Registered Users 2 Posts: 317 ✭✭Corruptable


    So there are civil remedies which could be used in some cases.

    Do you think there should be, or even can be, criminal sanctions for the person in the news story? Her false allegation indirectly led to his unlawful killing.


  • #5
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    Corruptable wrote: »
    So there are civil remedies which could be used in some cases.

    Do you think there should be, or even can be, criminal sanctions for the person in the news story? Her false allegation indirectly led to his unlawful killing.
    I would say there almost certainly is, I just dont know them to hand. Someone should know shortly.


  • #6
    not even wrong
    Registered Users, Registered Users 2 Posts: 480 ✭✭not even wrong


    Suspended jail sentence over false rape claim

    False rape-claim woman avoids jail

    People can and do get prosecuted for making false rape claims.


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  • #7
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    Yeah the OP has already linked to those two cases, I think at this stage we are just trying to establish where in law the provisions are held for criminal charges against the complainant.


  • #8
    Kevin3
    Registered Users, Registered Users 2 Posts: 167 ✭✭Kevin3


    NoQuarter wrote: »
    Yeah the OP has already linked to those two cases, I think at this stage we are just trying to establish where in law the provisions are held for criminal charges against the complainant.

    Section 12 of the Criminal Law Act 1976

    Maximum penalty 5 years imprisonment
    An arrestable offence for which you can be detained and questioned for up to 24 hours before being charged/released.


  • #9
    Payton
    Registered Users, Registered Users 2 Posts: 1,692 ✭✭✭Payton


    Interesting, what would be the situation if a spouse made a rape accusation while drunk and apologies the next day. No complaint to the garda, is it the same offence?


  • #10
    kirving
    Registered Users, Registered Users 2 Posts: 6,127 ✭✭✭kirving


    not even wrong wrote: »
    Suspended jail sentence over false rape claim

    False rape-claim woman avoids jail

    People can and do get prosecuted for making false rape claims.

    A convicted rapist would be far less likely to get a suspended sentence. Double standards right there. If you make something up, you should be subjected to the same punishment as the person who actually is guilty of the offence. Cases like these attribute to the low conviction rate of real offenders here.


  • #11
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,549 Mod ✭✭✭✭johnnyskeleton


    Kevin Irving wrote: »

    A convicted rapist would be far less likely to get a suspended sentence. Double standards right there. If you make something up, you should be subjected to the same punishment as the person who actually is guilty of the offence. Cases like these attribute to the low conviction rate of real offenders here.

    Making a false complaint, although serious, is far less serious than committing rape. As much of a media bias as surrounds this issue, surely that is obvious?


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  • #12
    kirving
    Registered Users, Registered Users 2 Posts: 6,127 ✭✭✭kirving


    It's not just a false complaint, it's accusing someone of something they haven't done, which coujld seriously affect all aspects of thier life.

    The intention, making an accusation like that, is to make others believe that the accused is guilty. You don't get much more serious than rape since people believe that there is no smoke without fire, so it's easy for the accusation to stick.

    Trying to ruin someones life like that should be an automatic 5 year sencence, no questions asked. It would be benefitial in some respects, less Garda time wasted, more credibility to actual victims.

    Since this is obviously my real name(don't know what I was thinking when I signed up:rolleyes:), I better point out that I have no vested interest in this, just posting in light of this recent case.


  • #13
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Kevin Irving wrote: »
    Trying to ruin someones life like that should be an automatic 5 year sencence, no questions asked. It would be beneficial in some respects, less Garda time wasted, more credibility to actual victims.

    To quote Capt. Picard here "there can be no justice as long as rules are absolute"

    Legislative interference with judiciary's discretion to determine sentences is rarely a good idea in my opinion.


  • #14
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,549 Mod ✭✭✭✭johnnyskeleton


    Kevin Irving wrote: »
    It's not just a false complaint, it's accusing someone of something they haven't done, which coujld seriously affect all aspects of thier life.

    that's exacly what a false complaint is.
    The intention, making an accusation like that, is to make others believe that the accused is guilty. You don't get much more serious than rape since people believe that there is no smoke without fire, so it's easy for the accusation to stick

    do you have any evidence of this? More likely you'll find evidence that rape is less likely to result in a conviction.
    Trying to ruin someones life like that should be an automatic 5 year sencence, no questions asked. It would be benefitial in some respects, less Garda time wasted, more credibility to actual victims.

    there are many arguments against minimum sentences - by and large they are a bad thing and it is a completely disproportionate response.


  • #15
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Deleted User wrote: »
    Malicious falsehood too.

    The test ....
    42.— (1) In an action for slander of title, slander of goods or other malicious falsehood, the plaintiff shall be required to prove that the statement upon which the action is founded—

    (a) was untrue,

    (b) was published maliciously, and

    (c) referred to the plaintiff, his or her property or his or her office, profession, calling, trade or business.

    (2) In an action for slander of title, slander of goods or other malicious falsehood, the plaintiff shall be required to prove—

    (a) special damage, or

    (b) that the publication of the statement was calculated to cause and was likely to cause financial loss to the plaintiff in respect of his or her property or his or her office, profession, calling, trade or business.

    Not quite sure it would pass the test as outlined above on a number of levels.


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