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aaaaaa5a

(4,686 posts)
3. Rape is a serious crime. That's good info. But its not that easy.
Tue Jan 8, 2013, 12:17 AM
Jan 2013

This is from the Forensic Examiner. (Sources for all numbers in the post can be found at the posted link.)

Full report can be found here.
http://www.theforensicexaminer.com/archive/spring09/15/

Excerpts from article:

Of the 90,427 forcible rapes reported in 2007, 40% were cleared by arrest or "exceptional means" (FBI, 2008d) with 23,307 of those being arrests (FBI, 2008b). Clearance of a report by exceptional means occurs when the known suspect dies before an arrest is made, when the victim refuses to provide the information or assistance necessary to follow an investigation through to an arrest, or when the known suspect is being held in another jurisdiction for a different crime and extradition is denied. In order to clear a case by exceptional means, the officers must have an identified suspect, know where he can be found, and have enough evidence for a legal arrest.

Degrees of "Not True"

A certain percentage of rape complaints are classified as "unfounded" by the police and excluded from the FBI's statistics. For example, in 1995, 8% of all forcible rape cases were closed as unfounded, as were 15% in 1996 (Greenfeld, 1997). According to the FBI, a report should only be considered unfounded when investigation revealed that the elements of the crime were not met or the report was "false" (which is not defined) (FBI, 2007).

This statistic is almost meaningless, as many of the jurisdictions from which the FBI collects data on crime use different definitions of, or criteria for, "unfounded." That is, a report of rape might be classified as unfounded (rather than as forcible rape) if the alleged victim did not try to fight off the suspect, if the alleged perpetrator did not use physical force or a weapon of some sort, if the alleged victim did not sustain any physical injuries, or if the alleged victim and the accused had a prior sexual relationship. Similarly, a report might be deemed unfounded if there is no physical evidence or too many inconsistencies between the accuser's statement and what evidence does exist. As such, although some unfounded cases of rape may be false or fabricated, not all unfounded cases are false.

SNIP

Although there is no doubt that false rape allegations occur, it is extremely difficult to determine what percentage of rape reports is intentionally false. This is due to many factors, including jurisdictional variation in definition, criteria, and reporting practices, as well as the fact that not all rapes are reported. Although the FBI had set 8% as the average rate of false (actually, unfounded) accusations during the late 1990s, there is remarkable variation in the estimates of false allegations of rape found in the literature (Kanin, 1994; Epstein, 2005). A review of those studies on false rape accusations conducted between 1968 and 2005 showed a percentage range from 1-90% (Rumney, 2006).

Very little formal research has been conducted on the prevalence of false allegations of rape. One study looked at the 109 cases of forcible rape that were disposed of in one small midwestern town between 1978 and 1987 (Kanin, 1994). The given town was specifically selected for study because the police department used a uniquely objective and thorough protocol when investigating rape complaints. Among other procedural safeguards, officers did not have the discretion to drop rape investigations if they concluded the complaint was "suspect" or unfounded. Every rape accusation had to be thoroughly investigated and included offering a polygraph to both the accuser and the accused. Cases were only determined to be false if and when the accuser admitted that no rape occurred.

The researchers further investigated those cases that the police, through their investigation, had ultimately determined were "false" or fabricated. During the follow-up investigation, the complainants held fast to their assertion that their rape allegation had been true, despite being told they would face penalties for filing a false report. As a result, 41% of all of the forcible rape complaints were found to be false. To further this study, a similar analysis was conducted on all of the forcible rape complaints filed at two large midwestern public universities over a 3-year period. Here, where polygraphs were not offered as part of the investigatory procedure, it was found that 50% of the complaints were false.

Charles P. McDowell, a researcher in the United States Air Force Special Studies Division, studied the 1,218 reports of rape that were made between 1980 and 1984 on Air Force bases throughout the world (McDowell, 1985). Of those, 460 were found to be "proven" allegations either because the "overwhelming preponderance of the evidence" strongly supported the allegation or because there was a conviction in the case. Another 212 of the total reports were found to be "disproved" as the alleged victim convincingly admitted the complaint was a "hoax" at some point during the initial investigation. The researchers then investigated the 546 remaining or "unresolved" rape allegations including having the accusers submit to a polygraph. Twenty-seven percent (27%) of these complainants admitted they had fabricated their accusation just before taking the polygraph or right after they failed the test. (It should be noted that whenever there was any doubt, the unresolved case was re-classified as a "proven" rape.) Combining this 27% with the initial 212 "disproved" cases, it was determined that approximately 45% of the total rape allegations were false.

SNIP

The Cost of the Crime
In most jurisdictions the accuser must admit that the accusation was false before the charges against the suspect will be dropped. Yet before the accuser decides to recant, the life of the falsely accused may have been disrupted, if not destroyed. They may have suffered any number of inequities, such as being arrested and questioned; dealing with the expense of hiring an attorney; being subjected to time in jail; having trouble with their employer; and fall-out with family and friends, to name just a few.Even if the case is dropped, the reputation of the falsely accused may be irreparably harmed, because some people may believe the retraction was "pressured," and not true.

Worse yet for the accused, the case may go to trial. Even if the falsely accused are acquitted, technically that does not mean they are innocent, only that they could not be found guilty. Regardless of the outcome of a criminal trial, the accuser can pursue civil action against the accused, resulting in further loss of resources. The worst possible outcome for those falsely accused of rape might be conviction and incarceration.

There is no way of knowing the number of defendants who have been convicted of rape on the basis of a false allegation. One study found 28 cases in which the defendant had been convicted and served an average of 7 years in prison before being exonerated by DNA evidence (Connors et al., 1996). Of note, all 28 cases involved sexual assault with the trials taking place in the mid- to late- 1980s when DNA was not routinely tested. According to the Innocence Project, since 2000 there have been 156 cases of post-conviction exonerations based on DNA testing, an untold number of which involved sex crimes (Innocence Project, 2008). The average time the wrongfully convicted person served prior to release was 12 years. Regardless of the exact number, processing those who have been falsely accused of rape is a clear waste of legal, judicial, and penal resources.

Essentially, there are no formal negative consequences for the person who files a false report of rape. Not only did the false allegation serve a purpose for the accusers, they actually never have to fully admit to themselves, their family, or their friends that the report was a lie. Although there are grounds for bringing legal action against the accuser, it is virtually never done. Even should a charge be filed, in most jurisdictions filing a false report is only a misdemeanor.


End of excerpts.



The link above is a good read if the thread is going to be fair about the topic. Giving rape statistics such as what was listed in the OP can be very misleading and is subject to a great deal of debate. This is one reason why during rape trials, key statistics such as % of rapes being reported as false are usually not allowed. Such numbers can vary wildly based on objectivity and how the data is gathered. The truth is (on all sides) that nobody really knows. So to publish data as absolute truth (as the Huffington Post/Washington Post apparently did) is not factually accurate our sound journalism.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Unbelievable. Marie Marie Jan 2013 #1
Of course it doesn't though. harmonicon Jan 2013 #37
If you have no idea how the group reached their conclusions, why are you so sure that they are wrong yardwork Jan 2013 #78
Read down the thread. harmonicon Jan 2013 #81
I see no data supporting your statement in this thread. yardwork Jan 2013 #83
That's sickening. LisaLynne Jan 2013 #2
Rape is a serious crime. That's good info. But its not that easy. aaaaaa5a Jan 2013 #3
There are various problems with all of these. caseymoz Jan 2013 #54
Where to start as to why this is such a bad post. WCLinolVir Jan 2013 #67
If you are actually saying that women were threatened with PROSECUTION for reporting a rape- WCLinolVir Jan 2013 #76
This message was self-deleted by its author jimlup Jan 2013 #4
Your son is really lucky! I'm glad everything worked out okay. aaaaaa5a Jan 2013 #6
you are correct. I know someone falsely accused and it cost them about tens time what it cost you Swagman Jan 2013 #44
And I can't believe the statistics cited. caseymoz Jan 2013 #51
I have no idea what the real figures are but I recall the dodgy US Attorney General claimed Swagman Jan 2013 #58
50,000 predators online caseymoz Jan 2013 #60
I'm always reluctant to get involved with these discussions but I think a false allegation is so Swagman Jan 2013 #12
Yes, you can have a reward system that generates more false reports. caseymoz Jan 2013 #15
Actually, the U.S. does have an awards program. nt aaaaaa5a Jan 2013 #27
Which is? caseymoz Jan 2013 #29
Excuse me. I didn't know this was a competition of "esp" mind games. aaaaaa5a Jan 2013 #35
All I did was ask you to elaborate. caseymoz Jan 2013 #38
not according to those who put it together as the update shows Swagman Jan 2013 #42
What's it? And what update? caseymoz Jan 2013 #47
Okay now I see, having read back further. caseymoz Jan 2013 #55
Excuse me but these are fatuous MRA talking points intaglio Jan 2013 #19
pleae provide your proof of Savile's activities (apart from tabloid tales) Swagman Jan 2013 #24
Try the known discarded police reports from the Met and Manchester and Liverpool intaglio Jan 2013 #36
Cosmo ? Wyman ? have to fo better than that. Swagman Jan 2013 #41
NO you have to stop being an MRA apologist intaglio Jan 2013 #52
what the fuck is the MRA and it is you spouting rubbish by weaving separate incidents Swagman Jan 2013 #57
Mens Rights Apologists - sorry, "Activists" intaglio Jan 2013 #65
Try this sensationalist report intaglio Jan 2013 #79
you might try reading this thread, before you defend this perverted bastard niyad Jan 2013 #92
Thank you. I do not understand people's wilful ignorance regarding rape. WCLinolVir Jan 2013 #75
ok...what does any of this have to do with the prevalence of rape? noiretextatique Jan 2013 #48
Rape is a disgusting crime. It is not sexual but violent IMO. dotymed Jan 2013 #22
a serious a problem as rape is dsc Jan 2013 #5
I was shocked when I saw it too. I'm glad I'm not alone. nt aaaaaa5a Jan 2013 #7
It does raise questions Sherman A1 Jan 2013 #20
Which part IDoMath Jan 2013 #10
both though the scalar value with no comparision is easy to fix dsc Jan 2013 #21
+1 ellisonz Jan 2013 #72
Very disturbing statics Claybrains Jan 2013 #8
what would you do with the falsely accused? samsingh Jan 2013 #9
The Innocence Project has exonerated several with DNA evidence. Rozlee Jan 2013 #26
exactly. what about their lives? I've heard people say that there are so few that it's not samsingh Jan 2013 #40
this is what the more hysterical will say uniquely in sex assault cases : it is better for a few Swagman Jan 2013 #45
i don't agree with that approach. samsingh Jan 2013 #61
How can they present an accurate tally of rapes that aren't reported? Orrex Jan 2013 #11
true..the figures may be far higher or smaller Swagman Jan 2013 #13
It's from the Justice Department's caseymoz Jan 2013 #14
Thanks, but what I mean is... Orrex Jan 2013 #16
I can't work that one out either Swagman Jan 2013 #25
By following the links, you find this: caseymoz Jan 2013 #32
Interesting--thanks. Orrex Jan 2013 #33
The NCVS works by drawing a geographically stratified random sample of Americans Jackpine Radical Jan 2013 #31
Amanda Marcotte criticized this info graphic for that reason + more alp227 Jan 2013 #39
Post removed Post removed Jan 2013 #17
False accusations are rare but . . . caseymoz Jan 2013 #18
I get that feeding an imperative and an agenda requires galileoreloaded Jan 2013 #23
Yet the "MRA" people obsess over the falsely accused. Odin2005 Jan 2013 #28
yes I suppose the falsely accused are obsessing as well. Swagman Jan 2013 #46
falsely accused, my ass noiretextatique Jan 2013 #49
how dare you accuse people of being rape apologists because they discuss false accusations Swagman Jan 2013 #59
how dare me? HOW DARE YOU! noiretextatique Jan 2013 #66
The false accusation of any crime is objectively worse than the actual crime. Occulus Jan 2013 #69
don't even mention false accusations as apparently that means Swagman Jan 2013 #74
How do you figure that? yardwork Jan 2013 #82
One of those things has lifetine legal and social consequences Occulus Jan 2013 #84
Are you saying that being raped doesn't have lifetime consequences? yardwork Jan 2013 #85
No. Occulus Jan 2013 #86
The falsely accused face worse than the victims of rape? That is crazy talk. yardwork Jan 2013 #87
Yes, in fact, they do. Occulus Jan 2013 #88
Slow down. Do we have a misunderstanding? yardwork Jan 2013 #89
I was going to agree on false convictions DevonRex Jan 2013 #90
no noiretextatique Jan 2013 #94
That's what I understood him to be saying. He's gone off in a huff now, putting me on ignore. yardwork Jan 2013 #99
likewise noiretextatique Jan 2013 #100
"had to have done something" YES! Happened on a jury closeupready Jan 2013 #95
I don't see anybody disagreeing with the fact that false accusations are a problem. yardwork Jan 2013 #97
Okay, I understand. closeupready Jan 2013 #98
so...false accusation of rape is more of a problem than actual rape? noiretextatique Jan 2013 #93
you are a false accuser Swagman Jan 2013 #73
While the "WRA" couldn't give a fuck about the falsely accused. EOTE Jan 2013 #63
My nieces' rapists' sentences were jokes. Rozlee Jan 2013 #30
My physically disabled friend's rapist got off scot free. Odin2005 Jan 2013 #50
I feel so sorry for her. Rozlee Jan 2013 #53
Sad but true xmas74 Jan 2013 #68
How monstrous. Rozlee Jan 2013 #77
what's "faced trial", shouldn't there be jailed, charged, reported, unreported? snooper2 Jan 2013 #34
A truly disturbing and sick graph billbailey19448jj Jan 2013 #43
Sad :( musical_soul Jan 2013 #56
This concocted illustration is racist TXDem72 Jan 2013 #62
And think of all those poor red Indians, the only ones to ever be convicted! Bucky Jan 2013 #64
K&R. So sad. n/t Egalitarian Thug Jan 2013 #70
I have an issue with the "falsely accused" section of the graphic. Glassunion Jan 2013 #71
Freaking wow!!! malaise Jan 2013 #80
This is horrible. sad-cafe Jan 2013 #91
kick Liberal_in_LA Jan 2013 #96
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