Should men who are falsely accused of rape be charged with secretly videotaping the event...?

...if the tape proves them innocent of the rape?

I recently heard of a case where a man who was fearful of False Rape Accusations secretly installed a hidden video camera in his bedroom.

And sure enough, someone falsely accused him of rape.
So he showed prosecutors the video tape--clear evidence that he wasn't guilty of rape.

SO, prosecutors came up with a different charge, saying "It is illegal in Pennsylvania, and elsewhere, to videotape or film another person without that person's knowledge and consent while that person is in a state of full or partial nudity."

I say, how about we give the poor guy a break here, huh?
Additional Details
For the record, the false accuser was charged, and given 24 months probation. (Significantly less, I suspect, that the falsely accused man would have gotten if found guilty of rape.)

Obviously she's an idiot and was just looking for a quick buck. They should drop the case based on extortion or something of the sort.

FYI that law in PA extends to any type of recording, video or audio, without the permission of everyone involved.

My Answers Suck

you seem to be obsessed with rape.

you ask and answer a lot of questions on this subject

btw does this have anything to do with your question yesterday that you videotaped yourself and a 14 yr old

Jayman

Well if they don't give him a break and charge him with a crime then they should also charge the other person for false accusations.

Thunderstruck

I would take that charge to court any day over a rape charge. I'm sure a jury would look at the prosecutor as if he/she were crazy for bringing that to trial. I would insist that the woman be arrested for filing the false charge. Anyways he would probably get the lightest sentence ever or plead it down to a parking ticket or something. This case does make you wonder though, what the heck does this guy do that makes him fearful of being accused of rape so much that he videos the act just in case. Dudes got issues.

Argento!

Nope, in the United States you cannot tape someone without their permission

tacos

this is yet another perfect example of pure crap

Andy G {Join The Resistance}

Here is the problem with using video tape as evidence. If the video tape was obtained illegally or any evidence was produced as part of a crime it can be inadmissible. A judge can not use evidence that was obtained by criminal means. The prosecution can also argue that just because the defendant has a videotape it doesn't mean that he did not commit the rape. There isn't enough reasonable doubt to declare his innocence from the videotape alone and since he broke the law the prosecutor had no choice but add on the other charges.
I think that all falsely accused people should be given the opportunity to go to court and to have a good defense.

E D

Depending on your state, the "grey-area" involved appears to be VOLUME. Yes, sound. If the video in question had an audio component, then consent would have needed to be granted. However, if there is no sound, like in most private security camera's, this would not have been an issue. The video, could offered as proof of action between consenting adults. However, the sound makes it a "recording." The sound violates the reasonable expectation of privacy.

Yeah, not a big difference, yet a huge difference.

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