Saturday, April 7, 2007

Criminal Profiling Topic of the Day: False Rape Claims

A Maryland lawmaker is in big trouble with women’s advocates because he quoted a 17th century English jurist that juries should not accept a woman’s claim that she had been raped without some sense of skepticism. Delegate Joesph E. Vallario, Jr. was speaking on the issue of a father losing his rights in family court because of a claim of rape by his ex-wife even if the rape charge was never proven in court. He quoted the words spoken by an English chief justice, Sir Matthew Hale, that “Rape is an accusation easily made, hard to be proved, and harder yet to be defended by the party accused.”

Senator Jamin B. Raskin responded to Vallario by telling him it is not easy for a woman to allege rape and referred to a law passed by the General Assembly in 1987 which prohibits judges from instructing juries to be skeptical of rape claims. Lisae Jordon, legislative counsel for the Maryland Coalition Against Sexual Assault echoed his sentiments and stated, “People were a bit taken aback that the chairman of the committee would be citing what is archaic and misogynistic doctrine.”

Now, I have sometimes been considered harsh by men because of my tough on crime views of putting rapists and serial killers away for life without parole, that I am rather severe in my belief that these men should be locked up forever and we should have no sympathy for them. On the other hand, I have been attacked by women’s advocates for being unfeeling toward the likes of Jennifer Wilbanks, the runaway bride, and Audrey Seiler, the college student who made a similar claim as Wilbanks that she was kidnapped, or the NASA astronaut, Lisa Nowak, who drove half way across the country to assault her ex-lover’s girlfriend. I do not have a bias toward one sex or the other when it comes to crime, yet, I am often accused of just that when I come down hard on criminals of the male persuasion or the criminals of the female persuasion.

So, let me make a few more enemies today. I consider myself a feminist because I hold very strong views on women having equal rights in the world and not being the chattel of men. However, I also believe in women having equal responsibilities and an equal application of the rule of law. While men should be punished harshly for raping women, women should be punished harshly for lying about men raping them.

I hate to tell Ms. Jordon and Senator Raskin that Sir Hale and Delegate Vallario are absolutely correct. It is not misogyny to point out a truth and that recognizing this truth is a necessity in applying justice. While it is often hard for women to prove they have been raped (especially when the woman is involved in a relationship with the man through marriage or dating), it is equally hard for a man to prove he didn’t rape someone. This is why I warn my daughter and my sons to be careful who they involve themselves with as my daughter could end up the victim of a rape that will never see the offender guilty in court or my sons may be accused of a rape that they cannot defend themselves against. It is reality.

Just as some men get away with raping women because lack of physical evidence forces juries to find them innocent, there are also quite a few women out there who like to claim rape when it is useful to do so and sympathies toward real rape victims may sway a jury to convict without any real evidence that the rape occurred. These women (or girls) may be cheating on their boyfriends or husbands and lie to cover up their infidelity, they may be late coming home and don’t want their parents to punish them, or they may accuse their ex-husbands of rape in order to get custody of children. However, many of our jurors use emotions rather than evidence to make their determinations. Clearly, Raskin and Vallario have this same problem because they are choosing to ignore the behaviors of some women out there. Jennifer Wilbanks made a claim of false rape and she is hardly the only narcissistic, lying female in the country. Women do make false rape claims and jurors would be remiss to not consider this a possibility when deciding cases.

Criminal Profiler Pat Brown

4 comments:

Ronni said...

Certainly would be nice to be able to tell when somebody is lying.

Criminal Profiler Pat Brown said...

Wouldn't it, though? One of the biggest famaged these fake rape claims cause is doubt for real rape claims. This is a double whammy, both for the innocent man accused and for other true rape victims who then have to be looked at with an even more skeptical view. This is why I think lying to the police or to the court should be looked upon as such a serious crime and those committing this crime should receive a strong penalty.

Criminal Profiler Pat Brown

Levi said...

I agree with you Pat.

I think there should be penalties against the accuser in the Duke rape case.

I think she should be forced to pay back the county for the tax payer money wasted on her false rape claims.

She should pay the attorney fee's for the men she falsely accused.

She should spend the same amount of time in jail as was spent on investigating & putting her false rape claims through the court system.

On the flip side, when dealing w/ rapists, we should lock them up for life because they keep doing what they do. Just like pedophiles. If we can't cure them, I don't see why we can't keep them locked up so they cannot harm anyone else.

This will send a CLEAR message. That our legal system will not tolerate false claims and we will not tolerate RAPE.

DonnaMorrisToone said...

It's a big justice mistake when the accused rapist's right's are brought up (and frequently about what a perverted character he is), his friends and family and work, but the rights of the woman charging the rape, her asscoiates, and family (which includes any prenancy babies, who don't even get any child support), are virtually crushed.