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General News False rape claimer's sentence is not too lenient...because she is a woman

Discussion in 'Current Events, World News, & LGBT News' started by 741852963, Sep 26, 2014.

  1. 741852963

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    I saw this story and I honestly cannot describe in words how much it angered me:

    Court rejects call for woman

    Firstly because I believe 3 and a half years is a disgustingly lenient sentence for what she did. The woman made a total of 11 false claims of rape and assault against her partner, even going as far as to fake injuries to add to her case. The man was arrested and falsely imprisoned and will likely live with the stigma and distress of this for the rest of his life (much like an actual rape victim would live with their trauma) - this woman has essentially "raped" his life. To add to that he has probably been put in a situation where he himself faced assault (either whilst detained or from vigilante groups outside). IMO this sort of offence should carry an equal sentence to that of rape - life in prison.

    What angers me even more is that, as mentioned in the article, a womens rights charity "Women Against Rape" have been supporting this woman, and protesting at the possible sentence being increased. With probably no more justification than the fact she was a woman they produced articles like this essentially turning Rhiannon Brooker into a martyr: http://www.womenagainstrape.net/content/rhiannon-brooker-–-victim-not-only-rape-miscarriag How can they support a woman who has made a mockery of real rape victims ordeal either for attention or for personal gain? How can they support a woman who belittles actual domestic abuse victims? It is the very actions of people like her that make rape so hard to prosecute in the first place.

    Whilst yes, conviction rates for rape are low, you cannot deny victims of similarly extreme crimes (like false rape accusations) justice just to service an agenda, it is absolutely unethical. The shadow GA's outlooks smacks of this ignorance: "she was surprised the solicitor general had considered the sentence unduly lenient and argued that the government’s priority ought to be ensuring more rapists were successfully prosecuted." So basically until rape convictions increase innocent men must be punished to compensate? Is that the gist?

    She goes on to state: "“Ms Brooker, a mother with a young child, received a custodial sentence of over three years for a non-violent offence. The court of appeal considered that there was nothing wrong with the sentence." Yes, this is not a violent crime - but to imply that that means its a "lesser" or "light" offense is absolutely unbelievable. Based on that logic repeated death threats substitute a "non-violent crime" and so should only carry a small sentence? Will six months community service do? And why should the woman's background and the fact she has a child be taken into consideration here - there are plenty of fathers with troubled backgrounds in prison - do they get more lenient sentencing? Of course not. It reminds me of this news story describing how judges are actually being instructed to give women lighter sentences: Judges told: 'be more lenient to women criminals' - Telegraph "Yes you've slaughtered a whole family, but as a new mother its important you be with your child".

    OK rant over. I just needed to vent on this one. Womens charities like the one mentioned truly give feminists a bad name, I don't think its any wonder people are turned away from the cause when seeing things like this, I know my support for feminism gets tested.
     
  2. MintberryCrunch

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    I want to respond to this, because I have a lot to say on the concept of feminism and "rape culture", but I don't really know how to begin.

    Are you saying that falsely accusing someone of rape is just as bad of a crime as rape itself? I imagine that is going to cause some controversy.
     
  3. Pret Allez

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    As EC's foremost frothing at the mouth feminazi everyone hates (even if their reasons are really stupid, such as having read Tumblr), I categorically condemn abuses of the court system such as this. Lying about being the victim of a violent crime is serious, because it is an attempt to ruin that person's life. Such an abuse of the court system must be punished severely.

    This case is quite a bit different from the run of the mill false allegation scenario. The lies were told repeatedly, including faked injury. As such, I agree with the prosecutor that there were aggravating circumstances requiring a stiffer sentence.

    I reject the argument made by feminist organizations that cases like this are going to discourage real survivors from reporting. The false allegation trope already exists, and reporting and conviction rates are already low. It's not as if this one case will become the tipping point that stops actual survivors from reporting. As it is, many survivors have very complex and nuanced reasons for not reporting their rape.

    Truth cannot be put in front of the political lens. Just because some men are going to make inductive fallacies and say "this one person falsely reported rape, therefore rape is falsely reported" doesn't mean we can't look at this case and see an injustice in a light sentence for abusing a court of law.

    I would argue further that her behavior was just as serious as actual rape. Because of the false allegations she made, her ex-partner spent 36 days in jail. The second police arrested him, she became a kidnapper. She chose, very deliberately, to become a violent criminal. This was not as defense counsel is claiming, a "nonviolent offense." She directed the full force of the state, wrongly, at an individual for no other reason than that she felt like doing so. In addition to the violence she did to him, she misdirected the resources of the community from other law enforcement, and she wasted a lot of people's time and money. This definitely needs to be corrected, with a serious penalty to her.

    On the other side of things, I want people to know that I still feel quite wrongly that rapists need to be punished in a way that tends to strike terror in those surrounding them. We will come for them, but when we do, we will do it right.
     
  4. MintberryCrunch

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    Lying about a rape really does damage to both sides: it's harmful to men and women, to feminists and non-feminists, and to rape victims. And you've convinced me that her crime was just as bad as an actual rape.

    I agree with PretAllez on a woman's issue?!

    Cosmic :eek:
     
  5. Pret Allez

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    Do you know how incredibly condescending that sounds?
     
  6. MintberryCrunch

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    Um...no?

    I'm referencing the fact that I often find myself not agreeing with you on stuff like this, so I was surprised that in this case, I didn't disagree with a single thing you said.

    If you were insulted by that, I really can't help you. My above response was meant to be light-hearted and nothing more.
     
  7. Aussie792

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    It really did sound condescending. Even if you didn't intend it that way, it still comes across pretty badly, and you've just gone a little further instead of apologising for causing offence. Light-heartedness on your part doesn't mean it was well-received on her part.

    I agree with Pret Allez. Abusing the law like that isn't something that can be taken light-heartedly. From a humanitarian perspective (the temporary imprisonment of an innocent man and the terror of being subjected to police without being responsible) and a practical perspective (state resources aren't limitless; wasting time with the police and courts can really be horrendously obstructive), what she did was horrendous and can't be even vaguely forgiven.

    People who behave like this can be punished without considering the vast majority of genuine cases to be false. What happened was an appropriate response, but there is no need to throw other reports under the bus, which I've thankfully not seen done here. When feminist movements rush to defend this sort of behaviour in the fear that anti-feminist movements will be able to seize it to sabotage rape laws, they only end up fuelling another problem and do little good to the feminist movement's image as a whole.
     
  8. MintberryCrunch

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    Well, Pret already sent me a message about how it was a misunderstanding, so it's a moot point at this point. And I don't apologize when I've done nothing wrong.

    BUT anyway...let's end this plox.
     
  9. 741852963

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    100% yes it is.

    In this case:
    -This man has been arrested,
    -locked up for 36 days (which could have ended up being for many, many years had this woman got away with her crimes)
    -accused of one of the most heinous crimes in criminal law and societal thought,
    -was put at risk of violence and assault (both physical and sexual) in the form of police brutality, prison violence and vigilante groups - and is probably going to be at added risk of violence for the rest of his life now
    -Will probably be turned away from some employment moving forward due to the stigma he now has to live with. Who wants to employ "somebody accused of rape"? regardless of if he was found innocent the damage is done.
    -Has had to face, and currently faces an ongoing hate campaign from Women Against Rape (see any of the articles here still proclaiming him to be a rapist and her to be a victim: report:women's hunger strike - louder than words). They also posted a twitter picture yesterday "celebrating" Rhiannon Brooker's victory in not having her sentence extended: https://twitter.com/AgainstRape
    -Obviously does not have the peace of mind of seeing his criminal ex locked away for a long time, meaning he will forever have to live without justice
    -And I'd imagine there is psychological trauma to boot

    So all in all, yes I think its definitely as bad as the crime of rape.

    Now the truly sad thing in this case is that a precedent is now set, meaning men in this position moving forward are also going to be left without justice, and with no real room for appeal.

    I see the two crimes (rape and false accusation of rape) as two seperate entities and don't believe problems in prosecuting one should affect the sentencing of the other.

    I think the organisation in question (Women Against Rape) has lost any credibility that that they might once have had. If they are concerned that false accusations of rape are putting off real victims coming forward they should be supporting harsher sentences for women like Rhiannon Brooker to discourage this crime, not rallying behind this blatant criminal. She is an insult to rape victims, belittling their trauma.

    Plus the idea that failed convictions of rape (which is a definite problem) leads to innocent women being locked up left, right and centre for false rape allegations (which I think activists like this genuinely believe happens) just does not ring true. In reality it just means the woman would not get the justice she deserves.

    I see Women Against Rape are also campaigning against defendant anonymity in rape trials, again because it would "put women off coming forward". I think given the points I have made above about the impact a rape arrest can have, defendant anonymity for serious offences is vital in a fair legal system. We should definitely presume innocence until guilt can be found in a court of law - it is unacceptable to begin the punishment before the actual conviction.
     
  10. Yosia

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    I hate the system. Why do females get more leniency over males? For example, if a woman reported rape then they are straight on the case, if a man reports being raped he will probably be laughed at.

    And that unfairness has been shown here too. She should have a very heavy sentence because she has practically ruined his life. He is going to struggle to apply for a job, he will probably face violence from people, he probably did face violence while he was in prison. Basically she deserves to serve a very long time in prison which should equate to the same amount of time the rapist serves.
     
  11. redneck

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    Okay, it seems everyone agrees that the sentence was too short, but what do you think it should have been?

    My thought is 8 years. It was a nonviolent crime so I figure 5 years for wrongfully accusing the man and wasting the time of the police and courts. The remaining three years? One month for every day that he spent in jail.
     
  12. Eric

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    I didn't even think a false accusation of rape was a criminal offense. It seems to me that civil courts would be a better place to handle punishment for people who've falsely accused others of rape.
     
  13. Pret Allez

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    A false accusation of a violent crime is an attempt to get another person arrested and imprisoned. It is by its nature a very violent crime, and it's quite the purview of criminal, not civil.
     
  14. 741852963

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    I think it should be fitting to mirror the crime of rape which is usually a minimum of five years but liable for life imprisonment.

    If I was in the man's situation I would not be happy if the woman received less than 10 years in prison, as it truly is one of the worst crimes a person could commit. 3 and a half years (and out sooner with good behaviour) is just a joke and very insulting to the victim.

    I think thats part of the problem. I don't believe there is one set crime in place to cover it, instead various offenses such as perjury (lying under oath), wasting police time and obstructing the course of justice.

    It should most definitely be a criminal matter due to the impact it causes. In civil courts, the only available punishment would be for the guilty party to pay compensation - which is hardly fitting justice here. Could you imagine if rapists got away with paying their victim £100 a month? Would the victims even want that money or connection to the criminal? Probably not.
     
  15. Pret Allez

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    I'm not sure how it works in the UK, but the US civil system is "loser pays," so it's not fair to ask a person defamed by a false allegation to seek redress in a civil court. It's a criminal matter.
     
  16. 741852963

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    Its similar I believe (after all US law is based on the English Legal System) with the losing side usually paying the other sides' costs.
     
  17. Hexagon

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    I was going to mention this myself, but you got there first. I wouldn't consider this non-violent, as some on this thread have suggested.
     
  18. AwesomGaytheist

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    I know this isn't exactly on the same plane as a false rape allegation, but here in Michigan, if you make up a false allegation of child abuse or neglect to get someone's kids taken away, if convicted you face the exact same sentence as the crime you falsely accused that other person of.
     
  19. Wuggums47

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    People who lie about rape are awful. They are the reason that victims have to try so hard to prove someone actually assaulted them. I don't think it's as bad as rape at all, but it can still indirectly hurt even more people than just the person the allegation is being made against.