There is a a massive difference between an accusation that is a lie and an accusation that is not sufficiently proven, or that a DA chooses not to pursue. This bill ignores that difference. What do you think will be the result? https://t.co/LBqDyQgX1n
— ***Dave Hill (@Three_Star_Dave) May 13, 2019
There is a a massive difference between an accusation that is a lie and an accusation that is not sufficiently proven, or that a DA chooses not to pursue. This bill ignores that difference. What do you think will be the result?
https://t.co/LBqDyQgX1n
Alabama is looking at a law to make it a felony to falsely accuse someone of a sexual crime.
The bill, introduced by Rep. Dickie Drake, R-Leeds, would make falsely reporting a sex crime a Class C felony and punishable by up to 10 years in prison. If the accused is found not guilty, the accuser would be responsible for paying the accused person’s legal expenses.
Sexual assault and molestation are already known to be underreported, due to skepticism and calling into question motives to make the accusation and the fact that such cases often get reduced to a they-said-they-said. Given that our criminal justice system (not unwisely) requires criminal guilt be proven beyond a reasonable doubt, even when someone is brave enough to make a true accusation, it may not be provable in court.
This particular law turns all of that on its head. If your accusation doesn’t end up being sustained before a jury, or if the DA decides not to pursue the case (i.e., where “allegations are proven to be false”), you are instead then presumed guilty of filing a false charge and are now on the hook for the defendant’s legal costs and, potentially, jail time yourself.
The result? One more reason for rape and molestation victims to stay silent, unless they can be absolutely certain that a DA or jury will agree with their accusations.
Nobody wants to encourage false accusations … but this is a law that will demonstrably discourage true accusations. Is that what we really want?
Do you want to know more? Alabama bill would criminalize false rape accusations – al.com
well, if these crimes go unreported, then why the concern? Your concern that it might prevent others from doing so because they can’t proved they were raped? When reported, the police do rape examines each victim. Now, in the case where someone accuses another from a year ago, 5 years, etc….Well, I’d ask you, would you want to be put on trial and publicly accused for something you might not have done a year ago and knew you were innocent? What if you came into a lot of money and the accuser was shaking you down? What if someone or a family member accuses you of sexual molestation and their isn’t any proof?
I can see your point, however, in today’s world, everyone wants victim status because that’s the easiest route to not dealing with your life’s troubles. Now, don’t skew that as to mean that “she must have wanted it, that’s why she was raped.” No, the point is that if you know anyone that was molested as a child, most just want to move on. Sure, would they like their pound of flesh, maybe. However, in today’s climate i.e. #metoo movement, which many of the women had justification, many accused others falsely. If it can be proved, then prove it. If you’re looking for a Kavanaugh hearing where NO ONE supported the accuser, then you are out of luck. But, look how Kavanaugh is judging, he was a closet liberal the whole time and you had nothing to fear.