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Woman sits in jail for 4 days and wins $1 million in false arrest lawsuit. Meanwhile, men routinely get arrested on provably false allegations and get nothing

civilsaint

May 25, 2016
128 upvotes
/r/MensRights
http://www.washingtontimes.com/news/2016/may/25/ny-county-agrees-to-pay-1-million-for-womans-false/?utm_source=RSS_Feed&utm_medium=RSS
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Post Information
Title Woman sits in jail for 4 days and wins $1 million in false arrest lawsuit. Meanwhile, men routinely get arrested on provably false allegations and get nothing
Author

civilsaint

Upvotes 128
Comments 32
Date May 25, 2016 9:45 PM UTC
(10 years ago)
Subreddit Posted in /r/MensRights
Original Link https://old.reddit.com/r/MensRights/comments/4l21uz/woman_sits_in_jail_for_4_days_and_wins_1_million/
Archive Link https://theredarchive.com/r/MensRights/woman-sits-in-jail-for-4-days-and-wins-1-million.948829
https://theredarchive.com/post/948829
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Comments

[–]Diesel-66 2 points3 points4 points 10 years ago (3 children) | Copy Link

Allegations being false is much different from wrongful arrest. If the "victim" lied to police, then the cops did nothing wrong

[–]civilsaint[S] 8 points9 points10 points 10 years ago (2 children) | Copy Link

Even if the cops are in possession of exculpatory evidence but overlook it?

[–]Diesel-66 1 point2 points3 points 10 years ago (1 child) | Copy Link

That is very unlikely. Most rape cases are he said, she said.

[–]dungone 1 point2 points3 points 10 years ago* (0 children) | Copy Link

You're pulling that circular reasoning out of your ass. Of course it'll be a case of "he said, she said" when the cops withhold exculpatory evidence. The vast majority of exonerations for wrongful convictions are for rape cases and withholding evidence is one of the several possibilities in which this can happen.

[–]geniice -1 points0 points1 point 10 years ago (13 children) | Copy Link

False arrest has a fairly specific meaning. Are you proposing broadening the definition and if so how?

Otherwise what is the men's right's issue?

[–]civilsaint[S] 9 points10 points11 points 10 years ago (12 children) | Copy Link

Men get arrested often for easily disprovable crimes, such as domestic abuse and sexual assault, and there are rarely repercussions for the police.

[–]geniice 1 point2 points3 points 10 years ago (2 children) | Copy Link

So how are you proposing we change the law around false arrest to address that?

[–]civilsaint[S] 0 points1 point2 points 10 years ago (1 child) | Copy Link

I don't know. Maybe.

I would like to see the issue of innocent males getting arrested given the attention it deserves instead of being completely disregarded.

[–]geniice 0 points1 point2 points 10 years ago (0 children) | Copy Link

I don't know. Maybe.

So what does the article you linked to have to do with men's rights?

I would like to see the issue of innocent males getting arrested given the attention it deserves instead of being completely disregarded.

Ah you've made one of the classic mistakes. If you want to do something about men being arrested (or shot by the police) you need to push for rights regardless of guilt. Otherwise as long as the police can nail them with something then their actions no matter how absurd become justified.

[–]cottonthread 0 points1 point2 points 10 years ago (1 child) | Copy Link

there are rarely repercussions for the police.

Anyone know if there is a precedent for this? I think the law can sometimes go easy on police misconduct because "mistakes happen" and they don't want to discourage police from "doing their job".

Also, many people will probably be glad they're free to go and will not want to go through the arduous process of seeking restitution in court, especially when they aren't even sure they can win.

[–]civilsaint[S] 1 point2 points3 points 10 years ago (0 children) | Copy Link

On the DA's side, there is prosecutorial immunity, meaning they can't be sued for prosecuting a case or signing an arrest warrant.

I don't know what it takes to sue the police.

[–]POSVT 0 points1 point2 points 10 years ago (6 children) | Copy Link

Ok, fair enough, but it's not a false arrest if the police have probable cause. In the case of DV, the call itself is usually legally sufficient, and with sexual assault the accusation is likely enough. I agree that sucks, but it's not a false arrest. Arrested for a false accusation !=false arrest.

[–]civilsaint[S] 5 points6 points7 points 10 years ago (5 children) | Copy Link

I get that given the nature of those crimes only an allegation is necessary. I'm referring to the cases where it is proven to be false and it goes forward anyway.

An example someone told me about yesterday was a guy who bumped into a girl in the subway and she accused him of rape, and there was video footage of it.

[–]POSVT 1 point2 points3 points 10 years ago (4 children) | Copy Link

Gotcha, I see where you're coming from. Agreed that when it's demonstrably false that the accused should be set free ASAP. Sadly, for most people (especially men), "The wheels of justice turn slowly, but grind exceedingly fine.".

[+][deleted] 10 years ago (3 children) | Copy Link

[permanently deleted]

[–]POSVT 1 point2 points3 points 10 years ago (2 children) | Copy Link

Ugh...that's fucked. I hope things turn around for him. A civil suit is gonna be hard to win without some very solid proof that she maliciously lied, which also sucks.

Imo the state should be liable for all the costs of someone who isn't convicted. Though that'd probably just make them fight harder for convictions...bleh

[+][deleted] 10 years ago (1 child) | Copy Link

[permanently deleted]

[–]POSVT 0 points1 point2 points 10 years ago (0 children) | Copy Link

Yeah, hut then if it's in a poor backwater town they now have a large incentive to find him guilty so that they're not out that $. Maybe if w/e local county had to pay so much to jail someone that its more expensive to find them guilty than not?

[–]petemate 0 points1 point2 points 10 years ago (1 child) | Copy Link

What's your basis for saying that men routinely get nothing? The article mentions nothing about it.

[–]WaitingToBeBanned 5 points6 points7 points 10 years ago (0 children) | Copy Link

The other few hundred posts in this subreddit, probably.

[–]Literally_a_Gorilla 0 points1 point2 points 10 years ago (10 children) | Copy Link

So, if someone goes to the police and accuses a man of rape, how should the police react?

[–]civilsaint[S] 2 points3 points4 points 10 years ago (8 children) | Copy Link

If there is CCTV evidence proving their innocence, they should arrest the accuser, and certainly not arrest the accused, which doesn't always happen.

[–]Mitthrawnuruodo1337 3 points4 points5 points 10 years ago (1 child) | Copy Link

No, they need mens rea on the accuser, too. All she has to do is say she had some reasonable cause to finger you, and she'd be acquitted. The police need to prove she filed false reports knowingly... the issue is that they rarely even investigate that to see if they can demonstrate it.

[–]bufedad 0 points1 point2 points 10 years ago (0 children) | Copy Link

No, they need mens rea on the accuser, too. All she has to do is say she had some reasonable cause to finger you, and she'd be acquitted.

Yeah... that's not how it works.

That's like saying I had reasonable cause to shoot that man, and getting acquitted.

It doesn't quite work that easily.

[–]Literally_a_Gorilla 1 point2 points3 points 10 years ago (5 children) | Copy Link

I didn't ask what they should do if there's CCTV evidence being shown to them that second. The police receive a rape accusation, what should they do in that moment?

[–]civilsaint[S] 1 point2 points3 points 10 years ago (4 children) | Copy Link

Investigate.

[–]Literally_a_Gorilla -1 points0 points1 point 10 years ago (3 children) | Copy Link

You realize it takes days at the very least to investigate a violent crime, right? And the perpetrator has plenty of time to skip town, right? Should they investigate-first-arrest-later for murders too? How about armed robbery or assault?

https://en.wikipedia.org/wiki/Arrest_warrant

[–]Mitthrawnuruodo1337 2 points3 points4 points 10 years ago (0 children) | Copy Link

Should they investigate-first-arrest-later for murders too? How about armed robbery or assault?

Yes, actually, at least in the US. If the police arrest you, they can only hold you for 72 hours before bringing formal charges. As soon as charges are filed, you'r lawyer can try to jam through the trial if you think the police are still gathering evidence, and if he can get the charges dismissed after the grand jury is convened, you walk for good. Even if they get the evidence later, you're free.

[–]WikipediaPoster 1 point2 points3 points 10 years ago (0 children) | Copy Link

Arrest warrant


An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state, which authorizes the arrest and detention of an individual, or the search and seizure of an individual's property.


I am a bot. Please contact /u/GregMartinez with any questions or feedback.

[–]civilsaint[S] 1 point2 points3 points 10 years ago (0 children) | Copy Link

Yes. They should investigate first and arrest later. That's what they do with most crimes, even murder. Murders often have many suspects. Should they just arrest everyone and let the court sort it out?

[–][deleted] 0 points1 point2 points 10 years ago (0 children) | Copy Link

If a man accuses a woman of making a false allegation and perverting the course of justice, how should police react?

[–][deleted] -1 points0 points1 point 10 years ago (0 children) | Copy Link

Wow this is getting brigaded hard.

Reminds me of this http://www.theage.com.au/victoria/former-elsternwick-student-awarded-1m-over-sex-abuse-by-fugitive-adass-israel-school-principal-20150915-gjn263.html

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