I keep seeing comments about how false rape accusations should be a crime. Well, at least according to California law, it is.

OThomson · 2012-03-01T16:20:36+00:00

Technically it is a crime, but it's rarely prosecuted the main justification for this is 'If we accidentally prosecute an actual rape victim then rape victims won't come forward' yes apparently justice for those who are falsely accused takes second seat to people who hypothetically won't come forward.

2012-03-01T17:34:14+00:00

Technically, falsely accusing anyone of a crime before the authorities is a crime in itself. This is distinguished from falsely accusing someone of a crime to civilians, which is considered slander (or libel if it's in writing).

But when it comes to issues that involve women, such as false rape accusations, the court system pretty much throws due process out the window. Women are rarely penalized for making false rape claims, even when they've done it repeatedly.

Hydris · 2012-03-01T18:21:53+00:00

It doesn't get prosecuted.

2012-03-01T18:29:56+00:00

That's how it is on paper, [and in every police district in the USA filing a false police report is a crime,] but in practice many DA's refuse to prosecute, and even if they do, most times the judge will give them light, suspended, or no sentence.

2012-03-01T16:49:38+00:00

How it works.

solinv · 2012-03-01T22:55:22+00:00

It's a crime everywhere. It's perjury, slander and a couple other felony level crimes. The problem isn't that it's not a crime. The problem is that it's not prosecuted and on the rare occasion that it is, the sentence is so light that it might as well be a parking ticket. There's nothing to deter false claims, only a system that encourages slandering the woman beyond belief, contractual proof of consent, or allowing any woman to ruin any man for life for any reason just by claiming rape even if no sex occurred.

clockworkgirl21 · 2012-03-01T23:08:15+00:00

As others have said, it is a crime. But it's rarely enforced.

Lawtonfogle · 2012-03-02T12:31:16+00:00

The problem tends to be that it is a crime, but that it is normally not enforced because no one wants to get the 'punishes rape victims' label. An actual study on how many happen vs. how many are punished would be great, but there seems to be a great deal of bias in anyone who wants to do such a study. Either they want to show it isn't a problem at all or they want to show how it is one of the most important problems of the 21st century.

TheRealPariah · 2012-03-03T04:02:40+00:00

Everything is "illegal," it simply isn't enforced. This is a way for people to pretend they are not sexist, racists, etc., and still actually be sexist, racists, etc. It is the soft tyranny of the modern state in order to continue to subjugate minorities without the majority particularly giving a shit.

Crack cocaine is illegal for everyone, it's a wonder how black people are prosecuted for it in vastly more numbers (proportionally) than white people.

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