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Should false accusations of rape carry tougher sentences?

  • 29-09-2013 8:10pm
    #1
    Closed Accounts Posts: 402 ✭✭The Big Smoke


    Shocked at this.
    Outrage: Woman whose monstrous rape lie sent an innocent young man to prison for four years is sentenced to two months behind bars, to be served on weekends


    Elizabeth Paige Coast, the woman who sent a random young man from her past to prison for four years for a supposed rape that never happened (she made it up as a way to explain to her parents why she was visiting pornographic websites), was sentenced this afternoon to serve just two months behind bars, on weekends only. She will also have to pay Mr. Montgomery $90,000 in restitution for the years he spent in prison. See here, here and here.

    The story of Johnathon Montgomery's ordeal not only is heart-breaking, it's a cautionary tale about how an innocent young man can be destroyed with no evidence beyond the very shaky say-so of his false rape accuser. If it can happen to Johnathon, it can happen to any young man.

    Today's sentence worked an intolerable injustice to Johnathon and the Montgomery family. Although Hampton Circuit Court Judge Bonnie L. Jones said she was deeply disturbed by the case, and added that "this goes to the very heart of our judicial system," it is impossible to see how the actual sentence imposed fit the crime, given that the guilty person was given two months (weekends only) jail time for a crime that sent an innocent man to prison for four years. The prosecutor, Hopewell Commonwealth's Attorney Richard K. Newman, wanted Coast to serve the same amount of time behind bars that Johnathon served, but the court opted to give Coast a slap on the wrist instead. According to one news report: "Just prior to sentencing Coast, Jones asked, 'What do I do? Is it an eye for an eye, or is there room for compassion?'"

    It is well to note that there was no room for "compassion" in sentencing Mr. Montgomery when he was convicted on the flimsiest of evidence for a crime that never happened. It is unfathomable how the horrors of spending years in prison on a false rape claim could be lost on the judge. Those are horrors that Ms. Coast will be spared on her weekend sojourns to the local lock-up.

    According to a news report, "Coast cried repeatedly during her sentencing hearing; her lawyer tried to portray her as a naive, then 17-year-old, who feared her parents." (So much for accepting responsibility for her actions.) "Coast says she never thought the lie would hurt Montgomery, and only said it was him because he had moved out of the area." (In fact, Coast sat silent after Johnathon was charged, and she allowed him to twist in a false rape hell for four years. It is one thing to make a split-second stupid decision, and quite another to refuse to correct it after it's apparent that an innocent person is going to suffer because of it, much less suffer for four years because of it.)

    The sentence today also does no favors for rape victims because it undermines the public's confidence in the way rape claims are handled. Jurors have no hesitation in holding young men accountable for rape when the evidence is clear. But when the system botches it -- when false accusers and their families, police, prosecutors, and courts allow innocent young men to be convicted for rapes they didn't commit -- it has a chilling effect on juries deciding rape cases. It underscores the uncertainty inherent in charges based on he said/she said facts.

    In this case, the justice system needed to send a clear and unmistakable message that such mistakes are not tolerated, that they are not "business as usual." It needed to manifest its outrage, belated though it may be, by punishing the false accuser appropriately. It didn't do that. Now, the next jury called upon to decide a rape case will know that, when it comes to this particular crime, the system tolerates injustice to innocent young men -- and jurors will be all the more wary about convicting even young men who deserve it. If we want to treat rape as a serious crime, we can't tolerate false rape claims.

    Punishing Coast in a serious way would not have deterred rape victims from coming forward, and it would not deter recantations by other false accusers. We've dealt with both arguments many times. See here.

    All persons of good will need to be outraged about this sentence. Judge Bonnie L. Jones not only has denied Johnathon Montgomery justice, she's done a disservice to the community of the wrongly accused, and to rape victims

    Source

    Not only has this woman been given a ridiculously light sentence for this, but the lad has lost FOUR years of his life. Which begs the question, should false accusations of rape, assaults etc carry heftier sentences?

    Should sentences for false accusations be more severe? 252 votes

    Yes
    0% 0 votes
    No
    97% 245 votes
    Undecided
    2% 7 votes


«13

Comments

  • Closed Accounts Posts: 16,396 ✭✭✭✭kaimera


    Story a while back where the girl got 2 years I think for false accusations.

    2 months is a joke


  • Registered Users, Registered Users 2 Posts: 2,648 ✭✭✭desertcircus


    "Here's an incredibly rare story from a jurisdiction several thousand miles away. We've left out pretty much everything to do with context and made no effort whatsoever to consider why someone would be so scared of their own parents' reaction as to make a false rape accusation. We're also doing nothing to explain how this new sentencing rule might work, and damned if we're going to spend a moment's thought wondering if she would have come forward if she was guaranteed a four-year sentence. We're not even going to begin to think about the fact that perjury is a completely different crime to rape, and don't you dare wonder why we decided to focus on this rather than on horrifically low reporting and conviction rates for rape. What's that? You're worried that a focus on stories like this rather than the reality of sexual assault cases will prejudice public opinion and actively damage our chances of making a better society? Hush hush, there's a story to sell."


  • Closed Accounts Posts: 402 ✭✭The Big Smoke


    It sends a seriously bad message that people can falsely accuse others without fear of a tough sentence.


  • Closed Accounts Posts: 5,628 ✭✭✭Femme_Fatale


    Yes, sentences should be longer IMO, but not equal to the sentence a rapist gets, as is sometimes suggested. She didn't rape anyone.


  • Closed Accounts Posts: 402 ✭✭The Big Smoke


    "Here's an incredibly rare story from a jurisdiction several thousand miles away. We've left out pretty much everything to do with context and made no effort whatsoever to consider why someone would be so scared of their own parents' reaction as to make a false rape accusation. We're also doing nothing to explain how this new sentencing rule might work, and damned if we're going to spend a moment's thought wondering if she would have come forward if she was guaranteed a four-year sentence. We're not even going to begin to think about the fact that perjury is a completely different crime to rape, and don't you dare wonder why we decided to focus on this rather than on horrifically low reporting and conviction rates for rape. What's that? You're worried that a focus on stories like this rather than the reality of sexual assault cases will prejudice public opinion and actively damage our chances of making a better society? Hush hush, there's a story to sell."

    "Here's an idea, lets pollute the thread with various whataboutery taking away from what is a fairly serious subject."


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  • Banned (with Prison Access) Posts: 18,300 ✭✭✭✭Seaneh


    There are two sides to this coin.

    The women who make false claims against a man for what reason.

    And

    The women who are attacked, report the attack, the police can't find enough evidence and the guy gets away with it.


    Making laws about something like this mandatory will mean that less people will report genuine attacks and more scumbags will get away with it. There should be nothing that puts women in fair of being prosecuted because they were attacked and the scumbag got away with it.

    Judges should be allowed to work on a case by case basis.


  • Closed Accounts Posts: 402 ✭✭The Big Smoke


    Yes, sentences should be longer IMO, but not equal to the sentence a rapist gets, as is sometimes suggested. She didn't rape anyone.

    The man spent 4 years in prison, she should get equal that. HE didn't rape anyone.


  • Registered Users, Registered Users 2 Posts: 3 Check_Yourself


    Yes, sentences should be longer IMO, but not equal to the sentence a rapist gets, as is sometimes suggested. She didn't rape anyone.

    She raped his reputation!


  • Closed Accounts Posts: 903 ✭✭✭Herrick


    Frankly anyone found to have made a false rape claim where a sentence was imposed originally, should be given the same length of time as the falsely accused imo.

    Then say a standard 1-2 years for a false claim discovered before a sentence is passed on the wrongly accused. E.g. The guards arrest a guy after a girl cries rape but discover after a few hours, days, etc it's all lies.


  • Closed Accounts Posts: 13,925 ✭✭✭✭anncoates


    Just make the person that made the false allegation do the maximum sentence for the crime and put them on the sex offenders register.


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  • Closed Accounts Posts: 9,396 ✭✭✭Frosty McSnowballs


    Yes, sentences should be longer IMO, but not equal to the sentence a rapist gets, as is sometimes suggested. She didn't rape anyone.

    Yeah but neither did he.


  • Registered Users, Registered Users 2 Posts: 2,648 ✭✭✭desertcircus


    "Here's an idea, lets pollute the thread with various whataboutery taking away from what is a fairly serious subject."

    Whataboutery? This is a single story that offers zero data on how prevalent the issue is, what the background to the case is, whether such a policy is workable, whether such a policy might cause more problems than it creates or whether the policy would even manage to reduce incidences of wrongful imprisonment and yet manages to make a clear and unambiguous recommendation. It's bad advocacy, bad journalism and bad logic. How many cases of this a year are happening? What's making people do it? Will this stop them? Will this dissuade them from subsequently admitting the claim was false? It's horrific politics to come down on any side without making the slightest effort to engage with a single one of those questions, and that's before we get to the fact that set against all this is a legal system that's disastrously bad at prosecuting rapists.


  • Registered Users, Registered Users 2 Posts: 7,799 ✭✭✭SureYWouldntYa


    For ones like this hell yeah, but rape is a traumatic experience, and sometimes its a genuine case of mistaken identity, there's no one solution for all cases when it comes to this


  • Registered Users, Registered Users 2 Posts: 2,269 ✭✭✭GalwayGuy2


    We're not even going to begin to think about the fact that perjury is a completely different crime to rape
    Yes, sentences should be longer IMO, but not equal to the sentence a rapist gets, as is sometimes suggested. She didn't rape anyone.

    People who go into prison on sexual offense related charges are raped and abused by both the inmates and the guards while they are in there.

    So, yes, in a lot of ways a false accusation is as bad as rape.


  • Closed Accounts Posts: 22,905 ✭✭✭✭Handsome Bob


    Yes, sentences should be longer IMO, but not equal to the sentence a rapist gets, as is sometimes suggested. She didn't rape anyone.

    Taking 4 years away from someone's life, and all but destroying someone's hopes and prospects in the future, definitely deserves a serious sentence more akin to what a rapist would get.

    But I would say this; if it was me, I'd be far more interested in pursuing the farcical system that allowed me to be falsely imprisoned for 4 years.


  • Posts: 0 CMod ✭✭✭✭ Corey Whining Trachea


    Seaneh wrote: »
    There are two sides to this coin.

    The women who make false claims against a man for what reason.

    And

    The women who are attacked, report the attack, the police can't find enough evidence and the guy gets away with it.


    Making laws about something like this mandatory will mean that less people will report genuine attacks and more scumbags will get away with it. There should be nothing that puts women in fair of being prosecuted because they were attacked and the scumbag got away with it.

    Judges should be allowed to work on a case by case basis.

    That's the problem indeed.
    Far too many people yell about how the woman was making things up or lying when a guy is found not guilty, but that doesn't mean she was lying, it means there wasn't the evidence.
    Rape report stats are low enough already and even lower going to trial because it's so traumatic, so a balance needs to be struck here


  • Closed Accounts Posts: 402 ✭✭The Big Smoke


    Whataboutery? This is a single story that offers zero data on how prevalent the issue is, what the background to the case is, whether such a policy is workable, whether such a policy might cause more problems than it creates or whether the policy would even manage to reduce incidences of wrongful imprisonment and yet manages to make a clear and unambiguous recommendation. It's bad advocacy, bad journalism and bad logic. How many cases of this a year are happening? What's making people do it? Will this stop them? Will this dissuade them from subsequently admitting the claim was false? It's horrific politics to come down on any side without making the slightest effort to engage with a single one of those questions, and that's before we get to the fact that set against all this is a legal system that's disastrously bad at prosecuting rapists.

    So to sum up.

    1. It isn't happening enough so lets keep a lid on reporting it until it becomes a problem

    2. Rapists don't get punished but lets make sure the innocent are.

    3. Whataboutery and some ****e regarding politics.

    It's this simple, this is a thread about a man who was falsly accused of rape. This man has lost his free will for 4 years and can never get it back. For the rest of his life he will have to live with the "theres no smoke without fire" accusations". She gets jail on a weekend and 90,000 to give to her victim.

    To deter false accusations, impose tougher sentences for the accusers. It really is that simple. This will not impact on a rape victim coming forward, it will not somehow make tough sentences for rape disappear. It will simply reduce the level of false accusations.


  • Posts: 26,052 ✭✭✭✭ [Deleted User]


    bluewolf wrote: »
    That's the problem indeed.
    Far too many people yell about how the woman was making things up or lying when a guy is found not guilty, but that doesn't mean she was lying, it means there wasn't the evidence.
    Rape report stats are low enough already and even lower going to trial because it's so traumatic, so a balance needs to be struck here

    Quoted because it's worth reiterating.

    Putting people who've been raped in fear of prison on top of the trauma of the assault will just give would-be rapists another weapon to hurt them with.

    Everything has to be judged on it's individual merits.


  • Closed Accounts Posts: 402 ✭✭The Big Smoke


    Candie wrote: »
    Quoted because it's worth reiterating.

    Putting people who've been raped in fear of prison on top of the trauma of the assault will just give would-be rapists another weapon to hurt them with.

    Everything has to be judged on it's individual merits.
    bluewolf wrote: »
    That's the problem indeed.
    Far too many people yell about how the woman was making things up or lying when a guy is found not guilty, but that doesn't mean she was lying, it means there wasn't the evidence.
    Rape report stats are low enough already and even lower going to trial because it's so traumatic, so a balance needs to be struck here


    So you don't think false accusations of rape should carry tougher sentences?


  • Posts: 0 [Deleted User]


    If a false claim is made and proven to be false there should be severe punishment.


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  • Closed Accounts Posts: 22,905 ✭✭✭✭Handsome Bob


    bluewolf wrote: »
    That's the problem indeed.
    Far too many people yell about how the woman was making things up or lying when a guy is found not guilty, but that doesn't mean she was lying, it means there wasn't the evidence.
    Rape report stats are low enough already and even lower going to trial because it's so traumatic, so a balance needs to be struck here

    You're right, there is a grey area. But you'd only be pursuing someone who actually admitted to making a false allegation.


  • Closed Accounts Posts: 402 ✭✭The Big Smoke


    You're right, there is a grey area. But you'd only be pursuing someone who actually admitted to making a false allegation.

    Exactly, some scary stuff on this thread. I don't know what rape report statistics have to do with the question. It seems like deflecting.


  • Registered Users, Registered Users 2 Posts: 7,134 ✭✭✭Lux23


    How do you prove a false accusation though? What if it was a rape but there wasn't enough proof?


  • Registered Users, Registered Users 2 Posts: 7,666 ✭✭✭tritium


    bluewolf wrote: »
    That's the problem indeed.
    Far too many people yell about how the woman was making things up or lying when a guy is found not guilty, but that doesn't mean she was lying, it means there wasn't the evidence.

    Granted, but we have an evidence based judicial system, with the presumption of innocence. There's a tendency (not you) to argue that "the rate of conviction for rape is too low - lets lower the burden of proof and make it easier to convict". Ultimately rape is relatively unique as a crime in that it often comes down to "he said/ she said". In that scenario the presumption of innocence and burden of proof associated means that conviction rates are inevitably lower.
    Rape report stats are low enough already and even lower going to trial because it's so traumatic, so a balance needs to be struck here

    How would you propose to strike the balance. Its all well and good saying that the trauma involved creates an issue, but how do you address this and still ensure the accused gets a fair trial?


  • Posts: 0 CMod ✭✭✭✭ Corey Whining Trachea


    tritium wrote: »

    How would you propose to strike the balance. Its all well and good saying that the trauma involved creates an issue, but how do you address this and still ensure the accused gets a fair trial?

    Someone else here said there should be the criterion of the person admitting they were lying or some other definitive proof that they were, which sounds about right. I guess I'm trying to say that lack of evidence is one thing, but you need to put forward a case for someone actually lying as another thing
    If it has been proven that they were lying, go for it


  • Registered Users, Registered Users 2 Posts: 209 ✭✭Painted Pony


    It will simply reduce the level of false accusations.
    Unfortunately, I’m not sure if it would. These cases, as far as we know (and of course we don’t know the full SP) are thankfully rare but the few cases I have heard about have come to light because the false accuser fessed up. And I think, most of the time, that is the only way it might happen.

    Now can you imagine someone who made such a false accusation and are having pangs of guilt, do you think it is more likely that they will repent if they know it means they will do serious jail time? A harsh potential punishment, unfortunately, gives them more reason to stay silent.

    The real issue here, as some have alluded to, is how an innocent person managed to be convicted in the first place. Presumably the jury find her tale more believer that the guys and convicted on this basis. (I recall the prosecutor in the Le Vell case alluded to something similar. “If you believe the accuser, you must convict”)

    But that strikes me as being consistent with the civil case, balance of probabilities standard of proof and not the beyond reasonable doubt required in a criminal matter.


  • Registered Users, Registered Users 2 Posts: 2,648 ✭✭✭desertcircus


    So to sum up.

    1. It isn't happening enough so lets keep a lid on reporting it until it becomes a problem

    2. Rapists don't get punished but lets make sure the innocent are.

    3. Whataboutery and some ****e regarding politics.

    It's this simple, this is a thread about a man who was falsly accused of rape. This man has lost his free will for 4 years and can never get it back. For the rest of his life he will have to live with the "theres no smoke without fire" accusations". She gets jail on a weekend and 90,000 to give to her victim.

    To deter false accusations, impose tougher sentences for the accusers. It really is that simple. This will not impact on a rape victim coming forward, it will not somehow make tough sentences for rape disappear. It will simply reduce the level of false accusations.

    Or:

    1. Broad policy decisions shouldn't be made on the basis of once-off outlier cases.

    2. This is just a vicious and completely false claim about what I was saying, directly contradicted by the fact that I pointed out the risk of such a policy making it less likely for people to admit to having made false claims.

    3. At this point, it's perfectly clear that you're just not even bothering to read what I've written and have taken the word "politics" and stuck it in a repetition of your original, wrong, post.

    Finally: it's not that simple. Do you think a woman will be more likely to come forward if she knows she'll be treated fairly and with compassion, or if she knows that she's guaranteed a lengthy sentence?


  • Closed Accounts Posts: 954 ✭✭✭lahalane


    Maybe it was a more lenient sentence because she was 17 when she made the claims and therefore a minor? Just speculating so I'm open to correction.


  • Registered Users, Registered Users 2 Posts: 7,666 ✭✭✭tritium


    Or:

    1. Broad policy decisions shouldn't be made on the basis of once-off outlier cases.

    Unfortunately that's exactly how public discourse on crime happens. It works both ways by the way - how many seemingly light sentences provoke pages of outraged comment across the full spectrum of crime, including sexual offences, without the background being reported. How many people on boards might assume sentencing for rape was unduly lenient for example based on the cases that get listed here?

    Do you think a woman will be more likely to come forward if she knows she'll be treated fairly and with compassion, or if she knows that she's guaranteed a lengthy sentence?

    Compassion isn't something that most people would advocate for criminals, especially those whose crimes effectively ruin the life of their victims. If you're saying that a confession may lead to a plea bargain and lighter sentence then fine, but the idea that a slap on the wrist is appropriate would simply be insulting both to victims of this crime and to real victims of rape.


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  • Registered Users, Registered Users 2 Posts: 10,962 ✭✭✭✭dark crystal


    Yes, sentences should be longer IMO, but not equal to the sentence a rapist gets, as is sometimes suggested. She didn't rape anyone.

    She raped him of his dignity, his reputation, his freedom and his innocence. Convicted rapists are also targets for attack in prisons - he could have been seriously physically hurt while incarcerated.

    She also struck a blow to all the genuine victims of rape, who may see their attackers walk free because the jury might have enough added doubt in their minds because of cases like this.

    Two months is a joke - she should have gotten at least two years.


  • Registered Users, Registered Users 2 Posts: 7,065 ✭✭✭Fighting Irish


    Yes, sentences should be longer IMO, but not equal to the sentence a rapist gets, as is sometimes suggested. She didn't rape anyone.

    I'd prefer get raped than be put in prison for 4 years over a false accusation


  • Closed Accounts Posts: 3,305 ✭✭✭April O Neill


    anncoates wrote: »
    Just make the person that made the false allegation do the maximum sentence for the crime and put them on the sex offenders register.

    :confused:


  • Closed Accounts Posts: 2,320 ✭✭✭Ace Attorney


    I voted yes, But the sentencing should be left up to the discretion of the judge because i feel if you have an actual maximum sentence attached to rape claims, it could deter actual rape victims reporting their crime for fear of it going wrong on them. By not having an actual fixed sentence, victims could still report their case and have it heard. While the claims that are not genuine could be dealt with and the judge could hand out a sentence that fits the claim


  • Registered Users, Registered Users 2 Posts: 16,904 ✭✭✭✭Galwayguy35


    I voted yes, But the sentencing should be left up to the discretion of the judge because i feel if you have an actual maximum sentence attached to rape claims, it could deter actual rape victims reporting their crime for fear of it going wrong on them. By not having an actual fixed sentence, victims could still report their case and have it heard. While the claims that are not genuine could be dealt with and the judge could hand out a sentence that fits the claim

    Have to say the judge bloody well didn't hand out a sentence that fitted the claim in this case.

    Sending an innocent man to jail for 4 years all beacuse she didn't want to admit to watching porn!!


  • Registered Users, Registered Users 2 Posts: 13,581 ✭✭✭✭kowloon


    Case by case basis and if it's thought that the accusation is false then a separate investigation needs to be launched for that. If the accusation is found to be false the state and the accuser should be held responsible.

    The punishment should suit the crime. Lenient or harsh the knock on effect on report rates and false accusations shouldn't really effect the sentence for one incident taken in isolation.

    All said, I don't think false reporting of rape is as common as some people think. I reckon most people just wouldn't be prepared to go to those lengths when they can accuse someone of a lesser crime and avoid such close scrutiny.


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  • Closed Accounts Posts: 3,059 ✭✭✭WilyCoyote


    Yes, sentences should be longer IMO, but not equal to the sentence a rapist gets, as is sometimes suggested. She didn't rape anyone.

    She raped him emotionally. Fancy being sent down for something that you didn't do. Why should she not get a similar sentence? Because she's a woman?
    Afraid of her parents? Don't give me that crap. She saw this fellow go to jail - wrongfully convicted. She must be a sociopath and a pretty fucking evil one at that.


  • Moderators, Education Moderators, Technology & Internet Moderators Posts: 35,125 Mod ✭✭✭✭AlmightyCushion


    bluewolf wrote: »
    Someone else here said there should be the criterion of the person admitting they were lying or some other definitive proof that they were, which sounds about right. I guess I'm trying to say that lack of evidence is one thing, but you need to put forward a case for someone actually lying as another thing
    If it has been proven that they were lying, go for it

    That is the case. If someone accuses another person of raping them (whether or not it happened is irrelevant) and the accused is found not guilty, the accuser will not be prosecuted for this. In the case in the OP (and others like it) the accuser has been found guilty of perjury, which means they knowingly swore something false.

    Also, this doesn't just apply to rape cases, it applies to any case. If harsher sentences for perjury would put off people reporting rape then it would put people off reporting anything (assault, theft etc). I don't really think it would be a concern.

    As for this case, given the consequences of her actions the sentence is a joke.


  • Closed Accounts Posts: 3,059 ✭✭✭WilyCoyote


    This devious cretin broke a lot of laws:

    Wasted police time

    Lied to the police

    Committed perjury

    Slandered another human being

    Aided and abetted the wrongful imprisonment of another person

    I could go on. Why do people make excuses for her?


  • Closed Accounts Posts: 358 ✭✭Weevil


    Yes, sentences should be longer IMO, but not equal to the sentence a rapist gets, as is sometimes suggested. She didn't rape anyone.
    Try living under a false allegation, delivered by those empowered to protect the innocent, and prosecuted by well trained professionals without any regard for their actions. All this will be funded by citizens of this country, while your defence will come out of your own pocket. She may not have raped anyone, but if she is believed by the relevant authorities, the outcome for the accused can feel a bit like it.


  • Registered Users, Registered Users 2 Posts: 16,733 ✭✭✭✭osarusan


    There is a big difference between a person honestly believing they were a victim of a rape (but that not being the verdict in court) and a person deliberately accusing somebody of rape when they know it to have not been the case.

    In this particular case, given her (delayed) admission of what she'd done, I would not have any problem with her being sentenced to the same amount of time as the man wrongly imprisoned for her rape spent behind bars.

    Although, while I'm not convinced by the argument that punishments in cases like these need to be light to ensure that genuine victims of rape will be willing to come forward, you could argue that implementing heavier punishments would make it less likely that the accusers would come forward to own up to their lie.


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  • Registered Users, Registered Users 2 Posts: 16,733 ✭✭✭✭osarusan


    Yes, sentences should be longer IMO, but not equal to the sentence a rapist gets, as is sometimes suggested. She didn't rape anyone.
    How about a sentence equal to the time served by the person who she knowingly saw wrongly convicted of her rape?


  • Registered Users, Registered Users 2 Posts: 5,402 ✭✭✭keeponhurling


    I know that the OP article is from the United states.

    What is the typical sentenc ein Ireland for this, if it was a clearcut case?

    I'd be thinking about a year in the big house would be suitable. Not quite as long as the sentence for rape, but significant at the same time.


  • Closed Accounts Posts: 5,277 ✭✭✭DamagedTrax


    Originally Posted by anncoates
    Just make the person that made the false allegation do the maximum sentence for the crime and put them on the sex offenders register.
    :confused:

    Why not? They've committed a sexually related crime. Someone found with kiddie porn on their computer will be put on the register, they havent committed a direct physical sexual offense against another person either.

    Maybe put her on the register for 2 years, make the girl understand what she put her victim through.


  • Closed Accounts Posts: 51 ✭✭Sgt. Al Powell


    bluewolf wrote: »
    Rape report stats are low enough already and even lower going to trial because it's so traumatic, so a balance needs to be struck here
    Candie wrote: »
    Putting people who've been raped in fear of prison on top of the trauma of the assault will just give would-be rapists another weapon to hurt them with.
    Seaneh wrote: »
    Making laws about something like this mandatory will mean that less people will report genuine attacks

    So lets not punish those that lie to the courts, resulting in another being locked up in prison for what could be a decade or more, because well, while they themselves are not really victims of the crime which they pretended they were, some people out there are and so lets not make life difficult for them.

    Good Christ.

    Not having fair laws in place out of some deluded concern that genuine victims of rape may not report attacks for fear of prosecution themselves, is just that, deluded.

    Course we'd never allow such nonsense to affect how we shape legislation in this country.




  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,550 Mod ✭✭✭✭johnnyskeleton


    "Here's an incredibly rare story from a jurisdiction several thousand miles away. What's that? You're worried that a focus on stories like this rather than the reality of sexual assault cases will prejudice public opinion and actively damage our chances of making a better society? Hush hush, there's a story to sell."

    Well for a story much closer to home, there was the case of Michael Hannon, whose accuser admitted it was all a lie:

    http://www.rte.ie/news/2009/0427/116727-hannonm/

    The complainant there was never charged, although that could be due to her age etc.

    I think every bit of the debate around rape cases is too agenda driven. The prosecution are completely entitled to bring a case only on the word of the complainant, and if the jury has a reasonable doubt, they must acquit.

    I think the big problem in all this is not the sentence for false complaints, but the unwillingness of juries to even consider acquitting. On any given jury there will probably be one or two people who have already decided that they are going to convict. This attitude of "sure he must have done something" needs to stop.


  • Banned (with Prison Access) Posts: 1,180 ✭✭✭Sunglasses Ron


    "Here's an incredibly rare story from a jurisdiction several thousand miles away. We've left out pretty much everything to do with context and made no effort whatsoever to consider why someone would be so scared of their own parents' reaction as to make a false rape accusation. We're also doing nothing to explain how this new sentencing rule might work, and damned if we're going to spend a moment's thought wondering if she would have come forward if she was guaranteed a four-year sentence. We're not even going to begin to think about the fact that perjury is a completely different crime to rape, and don't you dare wonder why we decided to focus on this rather than on horrifically low reporting and conviction rates for rape. What's that? You're worried that a focus on stories like this rather than the reality of sexual assault cases will prejudice public opinion and actively damage our chances of making a better society? Hush hush, there's a story to sell."


    I would laugh my ****ing balls off if you got locked up on a false charge :pac: Along with the people who thanked it.


  • Posts: 0 CMod ✭✭✭✭ Corey Whining Trachea


    Course we'd never allow such nonsense to affect how we shape legislation in this country.

    Course we'd never bother to read what I actually said and later clarified, no


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,550 Mod ✭✭✭✭johnnyskeleton


    Seaneh wrote: »
    Making laws about something like this mandatory will mean that less people will report genuine attacks and more scumbags will get away with it. There should be nothing that puts women in fair of being prosecuted because they were attacked and the scumbag got away with it.

    So should we give immunity to false complaints to encourage more complaints generally? If you've been raped you should report it to the police. If the DPP don't proceed or a jury doesn't convict it's not your fault. But if you make up an allegation, you should be prosecuted, just as you are for any false complaint of any other offence.

    The problem in Ireland isn't short sentences for false complaints, the problem is that false complaints are rarely prosecuted, for the reasons you set out above - a belief based on lobby groups that it will discourage genuine complaints. But there is no evidence to suggest that this is the case and indeed it can be argued that the prosecution of demonstrably false complaints would bolster faith in the system and that that would remove a barrier to genuine complainants making complaints.


  • Registered Users, Registered Users 2 Posts: 10,967 ✭✭✭✭Zulu




  • Registered Users, Registered Users 2 Posts: 4,681 ✭✭✭bodice ripper


    I would laugh my ****ing balls off if you got locked up on a false charge :pac: Along with the people who thanked it.

    I am sure one guy laughing on the internet would weigh heavy on the mind when locked up on false charges. THAT would be the life ruiner, I think.


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