When it comes to rape, we exist in a system that is sick. Yet many people still think that longer sentences are the cure. I propose that in doing this, we are treating a symptom and not the cause.
Let's take a look at the problem. Essentially, some women knowingly (and maliciously) falsely accuse men of rape. These are bad people. They can and do cause harm.
Now break down the problem. Why are they doing this? A clue is in the word 'maliciously'. They intend to cause harm. There are two main ways in which they can do this:
- Letting the stigma of the accusation do the damage and then dropping it. This is relatively easy.
- Actually getting men sent to prison. This is relatively hard.
So, what can we do about it? For a start, in most cases anonymity of the accused should be preserved. This entirely eliminates the first (and easiest) way to cause harm. This is where we should focus attention and effort. Increasing anonymity of the innocent will have the greatest impact in the real world. It has the fewest compelling arguments against it.
The second way to cause harm would still be open. However, it is much harder to accomplish. You need evidence, and a failure of the judicial system on your side. I propose that the primary reason for false rape accusations is the ease with which they cause harm.
Now, I'm not proposing that malicious false rape accusers should not go to jail. I just don't think it should be extended. A year and a half in jail is a significant punishment. Doubling, tripling or quadrupling the punishment would not discourage vast numbers of malicious false rape accusers. If you don't believe this, consider the vast punishment for murder. You're likely to be caught. Yet people still murder. Many people are not rational and do not consider the impact of their actions.
That's part of why I think that all of the time and energy spent trying to increase prison sentences is time and energy that could be better spent campaigning for anonymity of the presumed innocent.
I look forward to a productive discussion.
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