Healing the rift between police and the public

[Ron]

So enforce existing laws, instead of adding redundant new laws that have unintended consequences.

That's not the American way.

[cassandra and sara's daddy]

That would make sense. Neither of us should hold our breath.
I would like to see a reduction in revenge accusations. And some serious slap down for the offenders. Sadly the wrongly accused just want it to go away


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[Scout26]

Serious question: have any of you people actually worked with rape victims?

I have.

[cassandra and sara's daddy]

Me too along with a couple who recanted. In cases of legitimate mental illness i can forgive it. When it's just evil and revenge? Not so much.



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[Balog]

I have.

In your experience, would a (redundant) law against false reports specifically calling out rape have deterred those who make false reports? Would it have had a chilling effect on the legitimate victims?

[Scout26]

In one it would not have made a difference.


The other ones. I doubt it.  There were already punishments for swearing out a false statement.

All the victims had Article 134 (False Swearing) explained to them before they signed their Sworn Statements.  They signed.  The perps were tried and convicted.  Rape kits generally make for good cases and Military Judges don't allow the victim to be put on trial.  (At least they didn't.)

[MechAg94]

I might be in favor of a law that allowed a false accuser to be jailed or fined as long or as much as the victim was hurt.  However, I can't see if working unless their was hard evidence.  That would be very difficult unless the accuser confessed. 

[Balog]

I might be in favor of a law that allowed a false accuser to be jailed or fined as long or as much as the victim was hurt.  However, I can't see if working unless their was hard evidence.  That would be very difficult unless the accuser confessed. 

Really, all that would be needed is changing the sentencing guidelines on existing false reporting laws. But I would think that a creative DA could find all sorts of existing laws to charge someone with for a genuine, provable false report. Adding another law duplicating existing ones wouldn't do anything.

[KD5NRH]

Really, all that would be needed is changing the sentencing guidelines on existing false reporting laws. But I would think that a creative DA could find all sorts of existing laws to charge someone with for a genuine, provable false report. Adding another law duplicating existing ones wouldn't do anything.

This; what we need is precedent in the form of a bunch of DAs prosecuting on every absolutely-cannot-be-true statement.  Especially in single-party recording states, where the victim might well have solid proof, this would help to make filing a false report way too risky for most, and make it more likely that the rest will be too busy serving their sentences to file any more.

[TommyGunn]

That's one of the stupidest things I've ever read. I truly feel sorry for any women unfortunate enough to have you as a part of their life.

By the nature of the crime, rape is exceedingly difficult to prove in the majority of cases. If you hold the explicit threat of jail time up for any woman who reported it, then all you would be doing is legalizing rape as no woman would risk reporting it.

There are already laws for falsifying a police report. Why would you single out rape as a special case to threaten the victim?

Told you not to go there.


So you go there. 

It is nowhere near as hard to prove now with the advent of "rape kits" and DNA and other forensic techniques.
And I am not "singling out" rape as a "special case to threaten the victim."
You called what I said stupid.  Well, THAT was stupid, in spades.
Anyone making a false police report alleging a non existant felony with malice aforethought should be prosecuted for the crime it is, rape, murder, bank robbery, what-ever.

[Balog]

Told you not to go there.


So you go there. 

It is nowhere near as hard to prove now with the advent of "rape kits" and DNA and other forensic techniques.
And I am not "singling out" rape as a "special case to threaten the victim."
You called what I said stupid.  Well, THAT was stupid, in spades.
Anyone making a false police report alleging a non existant felony with malice aforethought should be prosecuted for the crime it is, rape, murder, bank robbery, what-ever.

"Told you not to go there." 1: where did you tell me that? 2: Oh teh noes, sumdood on APS told me not to go there!!! 
Rape kits can prove you had sex, maybe even rough sex. Can't prove consent wasn't given. Lot of folks are into rough sex.
The post I quoted was singling out rape, you then responded agreeing with the post I had quoted which singled out rape. Ergo, you were singling out rape.
"I know you are but what am I" wasn't clever in grade school, and it's still a poor argument.
We currently have false reporting laws, and a prosecutor could easily charge the person with lots of other things as well. A new law that the prosecutor isn't enforcing will accomplish nothing.
Rape is a special case as merely proving that the act happened does not prove the crime. You prove that X robbed a bank, and you're done. But for rape, you need to prove not only that X had sex with Y, but that Y either did not or was not able to consent.

[cassandra and sara's daddy]

And false rape claims are done at such a greater number than other false claims that it's particularly problematic as a guy named Brian banks would assure us


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[TommyGunn]

"Told you not to go there." 1: where did you tell me that? 2: Oh teh noes, sumdood on APS told me not to go there!!! 
Rape kits can prove you had sex, maybe even rough sex. Can't prove consent wasn't given. Lot of folks are into rough sex.
The post I quoted was singling out rape, you then responded agreeing with the post I had quoted which singled out rape. Ergo, you were singling out rape.
"I know you are but what am I" wasn't clever in grade school, and it's still a poor argument.
We currently have false reporting laws, and a prosecutor could easily charge the person with lots of other things as well. A new law that the prosecutor isn't enforcing will accomplish nothing.
Rape is a special case as merely proving that the act happened does not prove the crime. You prove that X robbed a bank, and you're done. But for rape, you need to prove not only that X had sex with Y, but that Y either did not or was not able to consent.

Did I ever claim a new law was needed?   I thought we HAD false reporting laws.
"We currently have false reporting laws." ~~ Balog.
See, even you agree! 
Rape is certainly a nasty case but I don't see it as unusualy special.  Murder is far worse....but one rarely has the victim's testimony to go on ....   

The point is, whatever "ergos" are involved (it's probably not a good idea to construct a sylligism from internet twaddle) I was not really intending to treat rape as "special" despite your feelings it is.
All felonies should (ideally [and we're NOT in an ideal world, I know]) be treated similarly.