Friday, April 20, 2007

Charges of Making A False Rape Report Again Backed by Evidence

After all the unfounded allegations of criminal behavior people continue to make about the alleged victim in the Duke case, this case shows the importance of examining all the evidence.

I've said it before, but obviously it needs repeating: Not having credible evidence that a rape happened is not evidence that a false report has been made.

Those who ignore this fact reveal their lack of knowledge or their lack of concern for wrongful accusations when those accusations are made against alleged rape victims. They also reveal their willingness to harm real rape victims. Their, "Of course I'm against rape" rings hollow.

[A man now cleared of rape accusation] spent most of two days in jail but said he didn't have sex with anyone and had fallen asleep in the parking lot of the restaurant because he lost his keys and couldn't drive home.

"The next thing I knew the cops were tapping me on the shoulder and said you are being charged with rape," he said. "Then they just put me in handcuffs."

Battle Creek police said they arrested Westry that morning because the victim described a violent sexual attack and identified him as the attacker.

But Detective Sgt. Todd Madsen said a few days after the incident that detectives viewed surveillance video from the restaurant that showed the woman leaving alone and Westry leaving the building after the woman said she was attacked in the parking lot.

The woman eventually told detectives she lied about the attack. Detective Greg Huggett said Thursday investigators still aren't sure why the woman made up the story.

It's not known when the woman will be taken into custody and appear for arraignment.

It can be easy to say that the police, prosecutors and the courts have too much power but the problem isn't power, it is unchecked, incompetent or unethical power.

We, as taxpayers, have to be willing to pay for both well-trained law enforcement and well-trained public defenders and we have to pay for enough of these people so they are spread too thin. If we refuse to pay for what we want our legal system to do then our demands are hollow.

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posted by Marcella Chester @ 5:11 PM   1 comments links to this post


At April 20, 2007 5:59 PM, Blogger Threat Assessment & Response Canada said...

I've had victims so desperate to avoid suffering through the court system that they claimed they lied, even in the face of clear outside evidence that shows that they were in fact vicimized. This happens a lot when the accused is a family member or a spouse/partner.

A couple of victims even expressed a willingness to go to jail to protect their abusers.

A recantation isn't the same as admitting to a lie. Lying about lying isn't the same as the thing not happening.

There are false accusations, but very few of them actually get to court; People who make false accusations - about any crime - should be prosecuted. The problem with this is that it's extremely difficult to know, even when the alleged victim says she lied about an assault.

I don't know how the legal language works where you are, but up here in Canada, people are found guilty, not guilty, or not criminally responsible (by way of insanity or mental defect). Yet the media keeps reporting that people were found innocent - no such finding and it drives me bonkers.

Just my two cents.



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