Gynocentrism Sucks
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I would guess that women with sons are more likely to pay attention and respect male value than women with only daughters.
Obesity: The next deluge of disability bias suits?
Can obesity qualify as a disability? The folks at the Equal Employment Opportunity Commission say yes.
The EEOC has filed suit against Resources for Human Development (RHD), a national non-profit human services organization, claiming it fired a child-care worker because she was obese.
The agency claims the firing violated the Americans with Disabilities Act.
Did employer 'perceive' worker was disabled?
The case involves Lisa Harrison, who worked with young children of mothers undergoing treatment for addiction in an RHD-run facility in suburban New Orleans.
Harrison was fired because RHD perceived Harrison as being substantially limited in a number of major life activities, including walking, because of her weight, the EEOC claims. But the agency says Harrison was able to perform all of the essential functions of her position.
Before the EEOC filed suit, Harrison died. Her private interests will be represented in the lawsuit by her estate.
Plowing new ground?
Up to this point, many courts have ruled that obesity does not fall into the category of disability under the ADA.
But with the passage of the ADA Amendments Act, the definition of disability was substantially widened.
Given the fact the suit's being brought on behalf of an employee who's no longer living -- a rarity, to say the least -- it's pretty clear the EEOC intends to take an official stand that under current law, obesity and ADA can be linked.
High-heeled men walk for women
Last Updated: September 30, 2010 8:10pm
Members of the Toronto Police Service, Toronto Fire Services and area residents took to the downtown core for the White Ribbon Campaign where men walked a mile in high-heeled shoes in an effort to bring awareness to violence against women.
video here
Police: Moms cited for arranging daughters' fight
- Tue Oct 5, 8:41 pm ET
UNIONTOWN, Pa. - State police have cited two southwestern Pennsylvania moms for allegedly arranging a fight between their daughters. Trooper Christopher Newman told the Herald-Standard of Uniontown that 30-year-old Crystal Lynn Hall, of Uniontown, and 31-year-old Audrey Schreckengost, of Adah, have been cited for disorderly conduct.
Police said the fight happened about Sunday night in a Georges Township home where Hall invited Schreckengost. Police said the women wanted their daughters, ages 11 and 12, to fight and that Schreckengost brought another 14-year-old girl with her. Police didn't say if she was also a daughter.
Police said the women began fighting with one another after several girls began fighting.
The Associated Press could not locate a phone number for Hall, and Schreckengost's number is disconnected.
___
Information from: Herald-Standard, http://www.heraldstandard.com/
Women executives twice as likely to quit jobs as men
5 Oct, 2010, 03.22PM IST,IANS
WASHINGTON: Female executives are more than twice as likely as men to leave their jobs - voluntarily and involuntarily. Yet despite systemic evidence that women are more likely to depart from their positions, researchers did not find strong patterns of discrimination.
Lead author John Becker-Blease, assistant professor of finance at the Oregon State University, and his co-authors at the Loyola Marymount University and Trinity College analysed data from Standard and Poor's 1,500 firms, reports the journal Economic Inquiry.
They classified departures as voluntary or involuntary based on careful examination of public news accounts accompanying an executive's departure, said an Oregon State release.
"Departures of powerful female executives, as we saw with Carly Fiorina and Patricia Dunn at Hewlett-Packard, are often high-profile news events," Becker-Blease said, "Despite these very public departures, relatively little is really known about women executives, whether they are more likely to depart or be fired than men, and the reasons for their departures."
About 7.2 percent of women executives in the survey left their jobs, compared to 3.8 percent of men.
"We really had to dig deep to tease out any systematic patterns behind these departures," Becker-Blease said.
"We did find that women were slightly more likely to leave smaller firms, and firms with more male-dominated boards, but this was a small effect size."
Becker-Blease said research has shown that women are more likely to leave a job due to domestic or social responsibilities than men, which could explain the higher voluntary departure rate.
Companies with female executives tend to help "grease the wheel" for other women to rise in the ranks but women CEOs are still rare.
Women remain under-represented in news, global study finds
By Tracy Sherlock, Vancouver Sun October 5, 2010 7:26 AM
VANCOUVER -- Women are still significantly under-represented and misrepresented in news media coverage despite improvement in last five years, new research shows.
The Global Media Monitoring Project's 2010 report found that globally, 76 per cent of the people heard or read about in the news are male, while only 24 per cent are female. In Canada, the situation was slightly better, with 30 per cent of news subjects being female -- up from 21 per cent based on 2005 results.
Kathleen Cross, a lecturer at Simon Fraser University's school of communication, was the lead Canadian researcher for the Global Media Monitoring Project's 2010 report.
"At this rate, we would reach parity in Canada in 30 years," Cross said in an interview. The global report says international parity might be reached in 40 years.
In Canada, the research shows that women are mostly used as providers of personal accounts in news stories and rarely as knowledgeable experts.
"The news has a role in both reflecting and constructing reality," Cross said. "This project comes from a concern that the news is not providing a mirror on the world."
Cross said the skewed numbers perpetuate gender stereotypes. "This doesn't help deal with women's inequality in the world, because men as experts becomes part of our convention on who appears to be an expert, or what an expert looks like."
The research project monitors selected media for one day every five years. The date used for this year's report was Nov. 10, 2009.
"I'm pleased to see that we've made progress over the past five years, but clearly we need to stay committed to improving," said Patricia Graham, editor-in-chief of the Vancouver Sun. "Demographically balanced coverage just makes sense."
In Canada, crime and violence dominated the news, with 32 per cent of all stories focused in this area. Next was politics and government, at 18 per cent.
However, women reporters were least likely to be found reporting on these two top topics, with male journalists twice as likely to report on such stories.
Cross said some of the increase for women in news stories in Canada can be attributed in part to an increase in entertainment stories. "There are a lot of stories about Angelina Jolie," she said. "There are a lot of entertainment stories that include women."
Canada and North America were near the top of the list in terms of representation of women, with the Middle East showing the lowest numbers at 16 per cent, Cross said.
Internationally, the GMMP monitored 1,365 newspapers, television and radio stations and Internet news sites, 17,795 news stories and 38,253 persons in the news in 108 countries with 82 per cent of the world's people, according to a statement.
GMMP research in Canada monitored seven major newspapers, six television and five radio newscasts resulting in 279 stories and 695 persons in the news.
100 drunken B.C. women brawl over male stripper
By Walter Cordery, Nanaimo Daily News October 5, 2010 12:02 PM
NANAIMO, B.C. -- A drunken brawl broke out among a group of women at a Vancouver Island bar over the weekend after one woman blocked another woman's view of a male stripper.
More than 100 woman were at a fundraiser in Nanaimo's Cavallotti Lodge on Friday night watching a man dressed as a police officer peel off his uniform when a women who was standing on a chair refused to get down after another onlooker argued she didn't have a clear view.
"I guess one woman assaulted another woman who was blocking her view and then all hell broke loose," said Nanaimo RCMP Const. Gary O'Brien.
Four squad cars responded.
Police arrested five women after the "alcohol-fuelled incident," but charges are not being recommended, said O'Brien.
Police plan on talking to the venue's owner about the danger of serving patrons too much alcohol.
Female guard allegedly assaults prisoner
Published: 7:33AM Wednesday October 06, 2010
Source: NZPA
A female guard at Rimutaka Prison has been suspended for allegedly assaulting a younger male inmate.
Upper Hutt woman Anastacia Te Paia Wihare is accused of striking the man with a clipboard and punching him in the face with an upper cut on August 17, the Dominion Post reported.
The newspaper said it was also understood Wihare had faced investigation last year for allegedly having inappropriate relations with an inmate during a sleepover at the prison's Maori Focus Unit.
The Corrections Department yesterday confirmed a guard had been stood down, but refused to release closed-circuit television footage of the assault or reveal whether the prisoner had been injured or received compensation.
It said it demanded a high standard from its staff and had a duty to investigate allegations of misconduct.
Police confirmed they had been contacted by the prison, but had referred the matter back for internal investigation.
Wihare declined comment.
Majority of men are working 60-hour weeks that leave little time for fun
By Daily Mail Reporter
Last updated at 7:55 AM on 4th October 2010
A survey has found that 60 per cent of men are working more than 60 hours a week. When it came to women, however, the results showed that the majority of them put in less than 37-and-a-half hours.
The research suggests that on average we have eight-and-a-half hours less free time each week than we did just five years ago.
We spend so many hours in the office or doing household chores we leave ourselves only one hour a day to do something we enjoy.
Half of us are even forced to take work home in order to complete it.
Personal relationships, family and children are the next biggest calls on our time, the study by Windows Live Hotmail found.
Despite working longer hours, men generally find 25 minutes more a day to do activities they enjoy. Women have 50 minutes of ‘me time’ each day, while men generally find one hour and 15 minutes.
Those who work in HR are the busiest, with 70 per cent taking work home every week.
Those working in science and creative media are the second and third busiest.
The study follows research last month which found that unfit men who work long hours double their risk of dying from heart disease.
Those who do not take enough exercise and work beyond 45 hours a week are more than twice as likely to die from heart disease as unfit men who work shorter hours.
Exercise seems to be the key to health, with fit men who work long hours having no increased risk of dying from heart disease.
The study, in the journal Heart, examined data for almost 5,000 men aged 40 to 59, from 14 companies, whose and fitness levels were tracked over 30 years.
Legal claim 'landslide' warning over female public sector job cut threats
By Andrew Hough
Published: 27 Sep 2010
The impact of public sector cuts on female workers could lead to a “landslide” of claims against employers, unions have warned. Experts warned women would likely be hit hardest by the cuts as female workers make up a large proportion of back-office, clerical and caring work.
Women could endure a disproportionate amount of pain from the forthcoming spending cuts due to making up the majority of the public sector workforce, they claimed.
Experts warned that women would likely be hit hardest by the cuts as female workers make up a large proportion of back-office, clerical, caring, catering and temporary work.
Official figures from the Office for National Statistics show that almost two thirds of public sector workers are female.
Unison officials on Sunday warned they would mount legal action against any employer found to have discriminated against women and not carried out impact assessments before cutting jobs and public services.
Dave Prentis, the union’s general secretary, said officials would “not stand back” and watch equality improvements be “undone” by public sector organisations who “cut jobs indiscriminately”.
"It is easy to see that women are literally in the firing line when it comes to public sector job cuts and that is not acceptable,” he said.
"The Government must take account of the impact of public spending cuts on women and rethink their strategy."
Officials from the Equality and Human Rights Commission are due to meet with the Treasury on Monday to discuss how cuts will be invoked on “vulnerable” groups of workers.
"The Commission recognises that the government needs to take difficult decisions as part of its deficit reduction programme,” an EHRC spokeswoman said.
“However, we also want to ensure that equality issues are taken into account when decisions are made.”
Julie Mellor, a partner who specialises in the public sector at PricewaterhouseCoopers, the global accountanting firm, added: “It is definitely an issue that needs to be looked at as there is a strong chance the spending cuts will have a disproportionate effect on women.”
A Treasury spokeswoman said: "The Government takes its equalities responsibilities very seriously, and has made clear that it will look closely at the impact of Spending Review decisions on different groups.
“All departments ensure that equality issues are considered when assessing options for spending reductions - they have a legal obligation to do so."
False Rape Allegations: An Assault On Justice
@ The Forensic Examiner
By Bruce Gross, PhD, JD, MBA
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.
The term "unfounded" is not a homogeneous classification and, to date, there is not a formalized, accepted definition of "false rape allegations." Certainly, the designation of false accusation should not include those situations in which the accuser was raped but unintentionally identified the wrong person as the alleged perpetrator. The definition of false allegation of rape cannot be limited to the situation in which the victim recants the accusation. There are women who were truly raped but for any number of reasons choose to recant. On the other hand, there are women who were not raped but do not recant their accusation.
Perhaps the designation of false allegation might best be used exclusively for those cases in which it is determined that the accuser intentionally fabricated the allegation of rape. That is, the accuser claims an incident of forced sexual contact took place when no such incident occurred, or the contact that did occur was consensual. In addition, this would include cases in which a rape was committed, but the victim knowingly identified the wrong person as the perpetrator.
Just as there continues to be strong resistance to the fact that some children (for a variety of reasons) lie about having been sexually molested or assaulted, the judicial system, mental health practitioners, and the public at large are reticent to accept that some women (and men) lie about having been raped. However, there is ample evidence that adults lie about virtually anything, including grave matters that have serious consequences for others.
Crying Rape
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.
Unfortunately, like the two studies presented here, the empirical studies that exist on the frequency of false rape allegations are sparse in number and have notable limitations. Small sample sizes and non-representative samples preclude generalizability. Regardless, the mere number of publicized incidents of false accusations of rape over the last two decades indicates not only a need for further investigation into the problem, but a better understanding of how to identify such cases.
The Truth Behind the Lie
As with all of human behavior, there are numerous reasons why a person would lie about being raped. In the study of false rape allegations in the midwestern town and state universities, over half of the accusers fabricated the rape to serve as a "cover story" or alibi. This included 56% of the non-student and 53% of the student false accusers. The most frequent context and motive for the fabricated rape was consensual sex with an acquaintance that led to some sort of problem for the accuser. The perceived problem was typically something that caused feelings of shame and guilt in the accuser (such as contracting a sexually transmitted disease or becoming pregnant), which was bound to be discovered and received negatively by family or friends.
Approximately half of the accusers who were motivated by a need for an alibi identified the alleged rapist. Their goal was not to harm or cause problems for the acquaintance, but to protect themselves in what they perceived to be a desperate situation. As with most lies, the false rape accusation allowed the accuser to deny responsibility by creating an alternate reality into which to escape.
The next most common reason for lying about being a victim of rape was revenge, rage, or retribution. In the Midwest study, this included 27% of the non-student and 44% of the student accusers. In these cases, the false victim had suffered some real or perceived wrong, rejection, or betrayal by the alleged rapist. As the purpose of making the accusation was to obtain some measure of revenge, the "suspect" was always identified. Researchers in the Air Force study also found that spite or revenge and the need to compensate for a sense of personal failure through an alibi accusation were the primary motives for false rape reports.
There are a range of other reasons why women made false allegations of rape. For some, it was to meet the overwhelming need for attention often associated with Munchaussen Syndrome or Borderline Personality Disorder. In those cases a specific suspect was seldom identified. Others filed false reports in an attempt to essentially "extort" money from the accused, who was typically wealthy. Because the goal was financial, the accuser was typically not motivated to pursue the case through formal legal channels, preferring to push for a settlement.
As with certain false allegations of child sexual abuse, false allegations of rape may be the unfortunate byproduct of "recovered memory therapy." False allegations (of child abuse and domestic violence, as well as rape) are also known to arise in the context of divorce and disputed child custody. Within the context of the military, false reports of rape may be filed in order to avoid deployment to war zones.
Telling a Lie from a Truth
McDowell's research into the prevalence of false rape allegations provided some direction for the difficult responsibility of differentiating between a potentially true and a possibly false report of rape. McDowell compared the initial rape accusations made by "proven" victims with those made by "disproved" complainants. His analysis revealed a number of notable differences between the two groups. That is, there were certain characteristics or indicators that were found with greater frequency in baseless reports than in proven reports.
For example, in terms of the initial disclosure, unlike false accusers, true victims tend to go directly to law enforcement to file a report. False accusers are more apt to tell family members or close friends, who either report the rape themselves or push the victim to do so. In discussing the alleged rape, false accusers may be unable to provide detailed descriptions of the rape or may provide too much detail. Although a significant number of true rape cases include numerous sexual acts in addition to penile penetration, those fabricating allegations of rape tend to describe very limited and narrow sexual activity. False accusers may describe the incident with inappropriate affect, such as pleasure or even pride. Because they may have never actually suffered a rape, the allegations of false accusers may be physically improbable (if not impossible) or bizarre. Perhaps most telling are numerous inconsistencies between the accuser's description of the rape and the presence or absence of physical evidence.
Approximately 50% of the women who filed false reports claimed their assailant was a stranger or someone they knew indirectly (but whose name she never knew or couldn't remember). Claiming an unknown perpetrator makes the rape random and perhaps more importantly, makes the case unsolvable. This, in turn, frees the false accuser from the need to fabricate additional lies and the demands of being confronted by the alleged assailant. Another 30% of false reporters identified their attacker as someone they "kind of knew." In comparison, 75% of proven victims knew and were able to identify their rapist.
It seems that the quality of physical injuries may be the most significant of all indicators. According to McDowell's findings, the physical injuries sustained by false victims tend to be inconsistent or "odd." Because the injuries are self-inflicted, they seldom involve highly sensitive parts of the body, such as the vagina, nipples, lips, or eyes. Similarly, the injuries of false complainants seldom involve permanent injury or disfigurement. As the wounds are self-inflicted, they tend to be on parts of the body that are easily reached by the false accuser. There may be numerous lacerations and abrasions, all of which are comparatively minor in severity. Unlike the true victim, false accusers may seem comparatively indifferent or nonplussed by their injuries.
As suggested above, for the vast majority of false reporters, the allegation of rape solved a perceived problem the accuser was, or anticipated, facing. The same cannot be said for proven rape victims as, for most, rape marks the onset of numerous, long-term, and not easily resolved problems. None of the factors identified by McDowell are individually or independently conclusive or diagnostic of rape. Rather, the presence of one or more of the criteria suggests the possibility of a false allegation that should be carefully and sensitively investigated and explored.
To test the efficacy of his criteria, McDowell had three independent judges review all of the initially "unresolved" rape reports using his criteria. This group included the cases of those women who had admitted their allegation was fabricated when confronted with taking a polygraph. For a case to be classified as "unproved," all three of the judges had to determine a given complaint was false. After the judges review, 65% of the cases in McDowell's study were found to be false.
There is no certainty that any or all of the indicators identified by McDowell will be present in rape reports that appear to be "suspect." When present, however, they may serve to focus an investigation of the charges, as well as to guide the treatment of the alleged victim.
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.
When rape cases go to trial, alleged victims are protected by "rape shield statutes." In brief, these statutes are designed to prevent defense attorneys from using the accuser's sexual history "against" her. At the same time, these rape shield laws may suppress evidence related to the woman's history that is relevant to the issue before the court. In particular, they have been used to exclude prior false accusations of rape filed by the alleged victim.
Although courts have ruled inconsistently on this issue, there is legal foundation for admitting prior false accusation into evidence in criminal proceedings (Epstein, 2005). In a step toward ensuring justice, perhaps when there is proof of prior false reports, they should be allowed in. Before this can happen, guidelines would need to be established regarding the definition of a "false rape accusation" and the criteria for proof of prior acts. Similarly, consideration should be given to making the filing of a false report of rape a felony, rather than a misdemeanor. Finally, instituting the possibility of a "not guilty and not credible" verdict might provide some recovery for the falsely accused and a clear warning to the false complainant.
In the End
Although it may not be "politically correct" to question the veracity of a women's complaint of rape, failing to consider the accuser may be intentionally lying effectively eradicates the presumption of innocence. This Constitutional right is especially significant when dealing with allegations of rape as in most jurisdictions, sex offenses are the only crimes that do not require corroborating evidence for conviction. Because there are often no witnesses and no physical evidence (especially if the victim delays in filing a report), the case may come down to the credibility of the accused versus the credibility of the accuser.
There is a fine line between supporting victims and protecting the rights of the accused. Yet, considering the unique challenges of trying and defending rape cases combined with the potential costs to the falsely accused, being able to assess the credibility of the alleged victim takes on special importance. Inconsistencies in the accuser's complaint should be confronted gently and respectfully, with awareness of the fact that true victims may distort or even lie out of embarrassment or shame.
References
Bureau of Justice Statistics (BJS). (2008a). Personal crimes, 2006: Number of incidents and victimizations and ratio of victimizations to incidents, by type of crime. (Table 26). Criminal Victimization in the United States, 2006. Washington, D.C.: U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics. Retrieved from http://www.ojp.usdoj.gov/bjs/pub/pdf/ cvus/current/cv0626.pdf
Bureau of Justice Statistics (BJS). (2008b). Personal crimes, 2006: Victimization rates for persons age 12 and over, by gender and age of victims and type of crime. (Table 4). Criminal Victimization in the United States, 2006. Washington, D.C.: U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics. Retrieved from http://www.ojp.usdoj.gov/bjs/pub/pdf/ cvus/current/cv0604.pdf
Connors, E., Lundregan, T., Miller, N., & McEwen, T. (1996). Convicted by juries, exonerated by science: Case studies in the use of DNA evidence to establish innocence after trial. (NCJ-161258). Washington, D.C.: U.S. Department of Justice, Office of Justice Programs, National Institute of Justice.
Epstein, J. (2005). True lies: The constitutional and evidentiary bases for admitting prior false accusation evidence in sexual assault prosecutions. (Paper 697). Retrieved from http://www.law.bepress.com/expresso/eps/697
Federal Bureau of Investigation (FBI). (2007). Methodology. Uniform Crime Report: Crime in the United States, 2006. Washington, D.C.: U.S. Department of Justice, Federal Bureau of Investigation. Retrieved from http://www.fbi.gov/ucr/cius2006/methodology.html
Federal Bureau of Investigation (FBI). (2008a). Crime Clock, 2007. Uniform Crime Report: Crime in the United States, 2007. Washington, D.C.: U.S. Department of Justice, Federal Bureau of Investigation. Retrieved from http://www.fbi.gov/ucr/cius2007/ about/crime_clock.html
Federal Bureau of Investigation (FBI). (2008b). Estimated number of arrests, U.S., 2007. (Table 29). Uniform Crime Report: Crime in the United States, 2007. Washington, D.C.: U.S. Department of Justice, Federal Bureau of Investigation. Retrieved from http://www.fbi. gov/ucr/cius2007/data/table_29.html
Federal Bureau of Investigation (FBI). (2008c). Offense analysis, U.S., 2003-2007. (Table 7). Uniform Crime Report: Crime in the United States, 2007. Washington, D.C.: U.S. Department of Justice, Federal Bureau of Investigation. Retrieved from http://www.fbi. gov/ucr/cius2007/data/table_07.html
Federal Bureau of Investigation (FBI). (2008d). Percent of crimes cleared by arrest or exceptional means, 2007. (Clearance Figure). Uniform Crime Report: Crime in the United States, 2007. Washington, D.C.: U.S. Department of Justice, Federal Bureau of Investigation. Retrieved from http://www.fbi.gov/ucr/cius2007/offense/ clearances/index.html#figure
Greenfeld, L. A. (1997). Sex offense and offenders: An analysis of data on rape and sexual assault. (NCJ-163392). Washington, D.C.: U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics.
Innocence Project. (2008). Facts on post-conviction DNA exonerations. Retrieved from http://www.innocenceproject. org/Content/351.php#
Kanin, E. J. (1994). False rape allegations. Archives of Sexual Behavior, 23(1), 81-92.
McDowell, C. P. (1985). False allegations. Forensic Science Digest, 11(4), 56-76.
Rumney, P. N. S. (2006). False allegations of rape. The Cambridge Law Journal, 65(1), 128-158.
Tjaden, P., & Thoennes, N. (2000). Full report of the prevalence, incidence, and consequences of violence against women (research report): Findings from the National Violence Against Women survey. (NCJ 183781). Washington, D.C.: U.S. Department of Justice, Office of Justice Programs, National Institute of Justice.
Torture 'stopped for games, BBQ'
Christine Flatley | 5th October 2010
A MAN who raped and tortured his former partner over a long weekend occasionally took breaks so he and his victim could play board games and host a barbecue, a court has been told.
The 38-year-old man flew into a rage and attacked his ex-partner after she told him she was embarking on a new relationship, the Brisbane District Court was told on Tuesday.
He assaulted the 39-year-old woman on three occasions between August 2008 and January 2009.
The abuse culminated on the Australia Day long weekend when he spent four days raping and torturing the woman at her home at Redcliffe.
The court was told he subjected her to systematic and degrading assaults, punching and urinating on her, threatening her with knives and a meat cleaver, and sexually abusing her with a baseball bat.
The abuse occasionally ceased so the pair could engage in what Judge Richard Jones described as "bizarre episodes of consensual socialising".
The court was told they had consensual sex on one occasion, hosted a barbecue, and played board games before the man would continue his assault.
The woman suffered extensive injuries and reported her ex-partner to police, who arrested him on January 27.
He pleaded guilty on Tuesday to two counts of rape, one of torture and three of assault occasioning bodily harm.
"It was almost unimaginable and shameful and, in fact, cowardly behaviour on your part," Judge Jones told the man.
He sentenced him to a maximum seven years' jail, but ordered he be released in May next year after it was revealed he had already served 617 days in pre-sentence custody.