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In reply to the discussion: The saddest graph you’ll see today [View all]aaaaaa5a
(4,686 posts)3. Rape is a serious crime. That's good info. But its not that easy.
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.
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If you have no idea how the group reached their conclusions, why are you so sure that they are wrong
yardwork
Jan 2013
#78
If you are actually saying that women were threatened with PROSECUTION for reporting a rape-
WCLinolVir
Jan 2013
#76
you are correct. I know someone falsely accused and it cost them about tens time what it cost you
Swagman
Jan 2013
#44
I have no idea what the real figures are but I recall the dodgy US Attorney General claimed
Swagman
Jan 2013
#58
I'm always reluctant to get involved with these discussions but I think a false allegation is so
Swagman
Jan 2013
#12
Try the known discarded police reports from the Met and Manchester and Liverpool
intaglio
Jan 2013
#36
what the fuck is the MRA and it is you spouting rubbish by weaving separate incidents
Swagman
Jan 2013
#57
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
The NCVS works by drawing a geographically stratified random sample of Americans
Jackpine Radical
Jan 2013
#31
how dare you accuse people of being rape apologists because they discuss false accusations
Swagman
Jan 2013
#59
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
I don't see anybody disagreeing with the fact that false accusations are a problem.
yardwork
Jan 2013
#97
what's "faced trial", shouldn't there be jailed, charged, reported, unreported?
snooper2
Jan 2013
#34