If a woman cries rape 2 have an innocent man jailed, should she be given the jail term he would have got?

julie knows

The person should defiantly be prosecuted, as all society knows "mud does stick" especially around stuff like this ~ i know someone it happened to he was actually seeing this girl but she also had a boyfriend so when she went home with a love bite she said she was raped! police went to arrest the guy he kicked off at the police (got into more bother) spent god know show long on remand in prison~ the rape was eventually dropped but he still had serious charges regarding kicking off at the police.
Anyway that guys life is now in tatters he has panic attacks at the thought of going out the front door, and i can't see him getting into any other relationship he seems to 'damaged'

Debra H

Seems like you may just have a good idea... however, what about the jury who convicts the wrong person.. what happens to them.. and the lawyers that know they are getting a guilty man off.. like OJ Simpson... should they get a penalty too... hard question.

willowbee

I work with the Courts and we have recently had a case where she cried rape. When it found that she was lying she was charged, and sentenced, to Perjury and wasting Police time. She was given a long imprisonment sentence for the offences.

fnansen

That type of person makes everyone angry but what you suggest has no precident. If I'm falsely accused of stealing or DWI or whatever then I'll presumably get a fair trial but the person or police officer incur no penalty. And they can continue to accuse lots of people, The good news is that the unstable or mistaken serial accusers make the innocent until guilty presumption seem like a far more sound approach.

Each state has it's own prosecuting and penalty laws. If the man is falsely accused by her and the police arrest and charge him with rape, then that man can sue the police department for false arrest and wrongful prosecution.The police will charge that woman for perjury and a few other things, they won't just let her walk away unscathed.

tonyinspain

my opinion yes there is a lot of genuine cases but a mate of mine had the same prob and he lost everything and was innocent

Karen

Yes she should go to jail!! Most definitely!

Almack

I don't think it should be an automatic sentence but I feel she should be punished in some way for her crime. Maybe a seperate trial for that purpose should be ran.

Jeep Driver

I agree but, I think they should get a stiffer punishment. They made a false report and also ruined someoes life(s)

Eden

I think that anyone that falsely accuses someone of rape, should be sent to prison for as long as the accused-rapist would of, if found guilty. But only if it was extremely clear that no rape happened. Considering the punishment they were trying to give the other person, the sentences they get in return are too light.

All names should be withheld in rape cases too, until a guilty or innocent is found. Too many women will cry rape if they decide they didn't want to, after going along with it, or when caught doing it. Men could likely do that too, but I've never heard of it happening and they'd likely not be believed.

muttentrumpet

i think so comrade

sashtou

i think the basic answer to this is..........

If he is not guilty, then he is released (if imprisoned).

She in turn (if it is a false / fabrication) is then arrested for - whatever is decided to charge her with, and I think that could be 'malicious prosecution,' 'perjury,' 'giving a false statement,' 'wasting police time' - and there may be others.

It's a complex subject which maybe has to do with perhaps 1) Why she did it. 2) Is there a mental health problem. 3) Was it a Misunderstanding / He looked like the other person ....etc.

Is he liable to compensation?
Can he sue her....?
etc etc.

Quite why it is that when someone commits a crime, like Bank Robbery and gets away in a car, then apart from the Robbery itself, the culprit isn't charge with all the others
1) threatening behaviour
2) using a weapon (in public)
3) possession of a firearm
4) evading arrest
5) attempting to pervert the cause of justice
6) perjury
7) wasting police time....
+
8) each of the subsequent crimes / illegalities... for example: Road Traffic Acts of (breaking the speed limit ( jumping red lights ( travelling the wrong way down a one way street etc etc

.....Why it is that all these are not simply 'added up' and then ADDED to the 'time to be server,' I really don't know.

Similar to as you outlined in your question and, as to whether Her Punishment fits the Crime she perpetrated.

I think there are a number of unanswered questions left hanging.

But then, 'Justice' itself is a very subjective perspective.

Sash.

rebekkah

If it can be proven beyond a reasonable doubt that she lied and an innocent man is behind bars, yes, she should serve his sentence.

Nichole

Well remember not all women are heartless liars. That women SHOULD be put on trial for lying to the court. I believe that if a man didn't and it can be PROVED then he's free to go. Some women alos have an arkward idea of what rape really is. dont forget that...

Mark T

Absolutely.

Providing it is proved that she lied (as opposed to not being proved that the guy DID it) then I think she should face the same consequences as she tried to frame the man for.

I wish this applied to all cases where someone deliberately tries to have an innocent person punished, not just rape.

yes i agree as it happened to me although i was never convicted or sent to court

Might be an interesting approach, but it would also deter the real rape victims for fear that their attacker is found innocent. By the way, innocent doesn't always mean not guilty.

Pia

You know, it only depends on the judge that hears the case, and what he feels like doing

barn owl

the answer is YES and she should get full publicity

waggy_33

No, she should be taken to civil court and sued for everything she owns plus some.

molly

yes she should. the accused will never recover from the incident and people will always say 'there is no smoke without fire' which isn't always true

3rd parties for REAL CHANGE

No she has to live with a bigger sentence. People in her hometowm would know that she tried to accuse a man of rape. She would probably die miserable and lonely because no man in his right mind would want to be with her.

swatthefly

i would almost think a worse sentence..... i mean, what can a guy to to protect himself in that case? everyone always assumes that the dude is guilty.

Common Sense

Yes, she should get the time he would have gotten if he was guilty.

anthony *

should be double the sentence..............

Ivan

Definitely, it is to easy at times for a woman to shout rape, I feel sorry for the real victims but women do get away with a lot in the court process

stephaniemariewalksonwater

Yes they should.
Those mens lives are ruined because one woman decided to have some revenge. Thats a horrible thing to do to someone and they should be punished for doing it

brother g

False accusations such as accusing a man of rape in which he never committed should be made responsible for this outrageous slander on an innocent man. I believe that person should do jail time.

jeffrpl

my dad is 53 his wifes daughter is 11 she said he raped her and they put him in jail 5hrs later his upset!! This kid never like him she told her mom ha ha i got him out of the house so now i dont have to yell no more!! this girl thinks its funny!! she hasnt seen no doc yet to see if she was!! this is a waiting game i think if you was rape you wouldnt laugh about it!! my dad is facing life!! im thinking to give this girl a lie detector test!!

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