Monday, July 27, 2009

What Should Be Done To Those Who Fabricate Rape Allegations?

My question is directed at those who have declared the allegations against Steelers' QB Ben Roethlisberger in the recently filed civil lawsuit to be false.

What do you believe should be done to all those who fabricate rape allegations?

I've read many answers to this question on the Internet and one of the primary desired actions is to punish all these people as if they were guilty of rape. However, their answer when it comes to rape fabrications is most often limited to fabrications made by girls and women who claim to have been raped. Most often this punishment is viewed as deserved as soon as these alleged fabrications are made public. No criminal conviction is required.

Yet those who are the loudest in their opposition to rape fabricators almost always ignore an entire classification of fabricated rape allegations.

This classification of fabricated rape allegations are those which create a scenario about how or why a girl or woman who has disclosed having been raped must be a liar or must be treated as if she is a liar. Their claims fabricate rape out of existence or out of possibility.

Here's just one of this type of rape fabrication. This one from a comment on Sports Right Pundits by Donna which was given in response to the blog's request for reader's assumptions about the woman who filed a civil case against Roethlisberger:

she is smart like a fox and knew that bringing this up a year after he was in Reno would make it impossible to prove or disprove. Can anyone say “payday”?!?!?
This is a rape fabrication which makes a clear allegation against a specific person related to rape.

It uses one known fact of this case, the timing of the lawsuit, as a springboard. The statement that the allegation against Roethlisberger was only brought up when the civil suit was filed is based on the absence of a police report, but that is not the same thing as not making these allegations at all at an earlier date.

According to the lawsuit this woman did report having been raped to hotel security. I don't know whether Donna doesn't know about this detail, assumed it to be immaterial or assumed it to be a lie. Whatever the case, Donna made the choice to fabricate her own story about this rape case.

This fabrication is not presented as Donna's guess about what is true. Her allegations are about what is true and they have been fabricated with the help of longstanding bias against those who claim to have been raped. Some of them are so repetitive that I need to call them prefabricated rape allegations.

For example, successful athlete accused of rape = alleged victim is lying gold digger.

This prefabricated rape allegation has such a long history that many people simply accept it to be a known truth. Successful athletes who have been convicted of rape are either ignored or positioned as wrongfully convicted.

Donna acknowledges that rape fabrications harm those who "actually have been raped" but fails to acknowledge her own rape fabrication and how it too harms those who "actually have been raped" which might include the woman who is the target of her own rape fabrication.

For many people who claim to be against fabricated rape allegations this type of rape fabrication is not only tolerated it is celebrated. Several other commenters chime in with their approval of Donna's fabrication including one woman, Babs, who claims to be a rape survivor herself. Babs makes this fabrication:
Any woman who has truly been devastated by rape wants justice and to try to stop him from doing this to other women. They want the man arrested and put in prison.
Implicit in these 2 sentences is that any woman who has been raped will quickly file a police report. But this is a proven fabrication. The majority of women who have been raped never file police reports. This in no way proves that they weren't raped or weren't devastated by rape.

Those who do report rapes immediately and who go through forensic exams can also be subject to prefabricated rape allegations.

What is used in Bab's fabrication as evidence of truthfulness is presented in other fabrications against those who report rape as proof of dishonesty and vengefulness. In this alternate fabrication an alleged rape victim who wants her alleged rapist arrested and sent to prison is clearly seeking revenge for not getting what she wanted after having sex (if there is DNA evidence proving sexual contact) therefore she is an angry liar out to destroy a man's life.

The common fabrications made against women who have been raped and who have reported, criminally or civilly, is one of the primary reasons many women who have been raped refuse to report. For those who dismiss the criminality of most rapes because of victim blaming or entitlement under certain circumstances this is the desired outcome even if they scold "real" rape victims about their failure to report and blame those victims for rapists' subsequent crimes.

These fabrications can lead to rape victims who did report to the police being wrongfully described by the police as having reported a crime which never happened, wrongfully charged and/or wrongfully convicted.

These fabrications against those who report rape can also lead to bystander harassment, assaults and even murder plots against those who reported rape. These fabrications allow those who believe those fabrications against alleged rape victims to cross the legal line into witness tampering. These fabrications help many people view themselves as protecting the innocent when they are really protecting a rapist and mercilessly attacking a rape victim.

If the intimidation of the alleged rape victim is successful many people will use this outcome in their revised fabrications as proof that the alleged victim lied.

Some men have made their rape fabrications against this alleged rape victim after seeing a photo of her. This fabrication is based on another prefabricated rape allegation. Assessing alleged victim's sex appeal to observer = correctly assessing truth of rape allegations.

Others who are eager to make rape fabrications against those who report having been raped will seek more detailed information about an alleged rape victim and will plug this information into prefabricated rape allegations in order to create a more authentic sounding rape fabrication.

Some of the fabrications against this alleged rape victim are based on the claim that real rape victims want to stop rapists from repeating their crimes. The fundamental problem with this fabrication is that wanting to stop injustice can be the motivation of a real rape victim to file a civil lawsuit against her rapist and against those who didn't respond ethically to the allegation of rape.

If filing a civil lawsuit is proof of gold digging then all those men who have been accused of rape and who later file malicious prosecution lawsuits must also be considered to be proven gold diggers by those who label this particular woman as a gold digger.


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posted by Marcella Chester @ 9:15 AM   1 comments links to this post


At July 29, 2009 6:06 PM, OpenID vagabondsaint said...

There should be some punishment for those who fabricate rape stories. They hurt the credibility of all those who have suffered genuine trauma. I don't, however, know what such punishment should be.


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