False Allegations in NZ.

Started by Sir Percy, Mar 24, 2006, 11:32 PM

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Sir Percy

(SP. My bolds and italicised comments)

http://www.inquisition21.com/article140.html?e5505fac62a50304e194d602f4d6babd=cfa59d0c28c4ab15fdd878bbc767d914

Impact of false rape complaints
Jonathon Harper

[published in The Press Saturday February 4, 2006.]

A Canterbury woman who is convinced her husband has been the victim of a false rape complaint speaks bitterly of the experience. "I would never have believed that in a democratic country like New Zealand that people supposedly in a position of ensuring truth and justice would fail to treat an alleged offender as innocent until proven guilty," she says.

Her family life has been upended by the case and she says that to be accused of a sexual crime is worse than being accused of a murder as nothing sparks the same hysteria as an allegation of rape. et what happens if the allegation is false? There are many cases on record where women have made false rape allegations.

It is a minefield, for police, complainants, the accused and the various support agencies working with rape victims. In February last year a 26-year-old woman faked a vicious sex attack on the shore of Lake Taupo. Detective Sergeant Andy Allan, of Taupo police reported she had deliberately ripped her own clothes, and appeared to be unconscious when she was found.

The woman eventually admitted that it was a hoax and was charged with making a false complaint to police. It was her fifth false complaint in eight years.

Last August, a Wellington woman claimed she was raped by a taxi driver, but police eventually found she never actually took a taxi home that day. Detective Senior Sergeant Shane Cotter who charged her with making a false claim pointed to the wasted police time (about $5000 worth) on a particularly busy weekend, and an after-hours doctor's medical examination ($1500) as well as a counsellor who had to be called.

While some attempts soon fail, false complaints can make it to trial. In 1995, Hamilton university student Nick Wills was wrongly held in jail, branded a serial rapist, harassed on campus, and lost his job and home at the university hostel. The Police Complaints Authority eventually found the investigating officers had ignored his solid alibi and did not investigate the complainant's claims properly. The 18 year old fellow student who admitted making it all up was successfully prosecuted for doing so. Wills was eventually paid $30,000 compensation and went on to become a barrister.

Tony Greig is a Christchurch barrister and was a police officer for 17 years. He recalls, "It was not unusual for the CIB squad that took over on a Monday morning to be met with three rape allegations from the weekend. It was not unusual to have one or two of them withdrawn within days, after being shown to be demonstrably false.''

University of Canterbury criminologist Greg Newbold refers to the Ministerial Rape Report of 1983 (and used as a basis for later legislative changes) which suggests about 30 per cent of rape allegations prove to be false. But Jan Jordan, a senior lecturer in criminology at Victoria University, points to several overseas research studies that indicate a false complaint rate of around 5%.

Georgina Thompson of Rape Crisis in Wellington argues that "the way in which the reporting of false complaints is done gives the impression that they are common and hysteria is created around their existence''.

"Our communities do not share the same sense of outrage or concern about actual rape and sexual abuse and the prevalence with which it occurs as it does about those that are falsely accused.''

(SP. Notice the sheer unapologetic mendacity of that remark. I have put the reality in bold. This is an example of the 'sound bite' feminist communication skill at its best. Simply astounding!)

A false allegation or report to police is an offence under section 24 of the Summary Offences Act and punishable by three months imprisonment or a fine not exceeding $2000. Should the false complaint proceed to an evidential stage in Court, then the seriousness of the offending increases to include such charges under the Crimes Act as perjury, and attempting to pervert the course of justice.

In a rare case last August, a 44-year-old Waikato woman was sentenced to five months jail at the Tauranga District Court for making false complaints that she was raped by a man and sexually assaulted by his colleague.

But even if a complainant has a history of telling untruths or shows signs of being out of touch with reality, the police acting national crime manager Win van der Velde suggests that they should be taken just as seriously as an allegation from anyone else. However, he does suggest more diligence is required especially in verifying the detail around the complainant's allegation.

Irrespective of the existence of false complaints, Jan Jordan thinks it is "incredibly difficult to get the guilty convicted, let alone wrongfully convict the innocent''.

"All these things are indicative that there is still an underlying culture which does have negative attitudes towards women and has suspicious attitudes towards women who are claiming to be sexually assaulted.'' (SP. !!!!!!!!!!!!)

One case in point Jordan mentions is serial rapist Malcolm Rewa, reported in her new book The Word of a Woman: Police, Rape and Belief published last October.
Jordan explains that "several of the police detectives involved in the investigation themselves told me about the police response to a woman raped by Rewa in 1987.''

"She was a young Maori woman, with gang affiliations to Highway 61 (the gang to which Rewa was affiliated), and with some previous criminal convictions herself. She actually named Rewa as the rapist but he had arranged an alibi to try to cover himself.

"Police at the time viewed his version of events as having greater credibility than hers and the case was not proceeded with. Despite having a named offender in 1987, a further known 26 women were raped or sexually assaulted by Rewa before this woman's case was eventually heard in the 1998 trial, at which Malcolm Rewa was finally convicted of the crimes committed against her.''

Thompson, who has worked at Rape Crisis for four years, says that "I have personally worked with three women in Wellington and I do know of other cases that other agencies have dealt with (I believe were genuine), but weren't believed by police''.

Tony Greig recalls, "When I started with the police in the 1970s they had an appalling approach towards rape investigations. Unless the complaint was of the stranger/break in/abduction type, (very rare), then a lot of pressure could be applied to complainants to withdraw their complaints. Things changed radically in a short space of time and in my experience the police are usually very sympathetic towards complainants... they try very hard to get it right.''

Georgina Thompson believes that the police "must operate from a premise that any person making a complaint of rape is telling the truth and that this person is a victim. If the individual is approached any differently a system is created where the victim making a complaint is guilty until proved innocent and perceived as a potential liar instead of potential victim. The police have to make every effort to investigate fairly, openly and without bias.''

Yet a twist in this logic presents itself. A very recent appeal to victim support for help by a family who believed they were being victimised by a false complaint and had made this clear to police were told by victim support that no help was available because there was a charge pending. So a victim of a false complaint would need to make a complaint to police first, which could prove difficult.

Tony Greig tends to agree with Thompson. "Police will quite properly commence an investigation on the basis that the complaint is genuine... To carry out business any other way is to put an unacceptable and unrealistic onus and pressure on complainants.''

Back in 1996, a writer in Feminist Review, Camille Guy, criticised the feminist movement for becoming 'chauvinistic'' to the extent that criticism was not countenanced of the violent and notorious abduction of playwright Mervyn Thompson by a group of radical feminists on suspicion of rape.

"Feminist reframing of sexual abuse has served to bring the abuse problem into the open,'' Guy wrote. "But it has also contributed to false allegations and over-zealous interventions which have destroyed lives just as cruelly as has abuse. It is time we opened our eyes to that.''
vil, like misery, is Protean, and never greater than when committed in the name of 'right'. To commit evil when they are convinced they are doing 'good', is one of the greatest of pleasures known to a feminist.

whome112

There's some fairly solid evidence that, for males, a false conviction of a sex offence is worse than himself suffering the sex offence. It's worse to be falsely convicted than to be raped, at least that's the way it looks given current knowledge.

Yet, we live in a society that sees false conviction as not relevant to the problems of the day.

How much damage does a false charge do? A lot. No one knows exactly how much as it has not as of yet been properly studied. Plus, with the state of research grants as they are --the money going almost exclusivbely to females-- it will take a long while before false charges are studied.

whome
ay what you mean: Mean what you say.
http://jwwells.blogspot.com

Peter

Unfortunately the same website seem to carry a lot of anti-american babbling

http://www.inquisition21.com/article129.html?&MMN_position=91:91
BM-NByw7VE2PwjfTtsVdeE5ipuqx1AqkEv1

BRIAN

This part for me was the most telling:

Georgina Thompson believes that the police "must operate from a premise that any person making a complaint of rape is telling the truth and that this person is a victim. If the individual is approached any differently a system is created where the victim making a complaint is guilty until proved innocent and perceived as a potential liar instead of potential victim. The police have to make every effort to investigate fairly, openly and without bias.''

So throw out all investigative method. Don't check facts AND toss the rights of the accused out the window. Witch Hunt police work is what that will ammount to.
You may sleep soundly at night because rough men stand ready to visit violence upon those who seek to harm you.

The Gonzman

I had my house broken into in 1985; during the course of the investigation I was asked several questions; was my door closed and locked?  Windows?  Does anyone else have a key?  Have I lost my keys?  Was it possible one of my family had come in and borrowed things?  What was missing?  Did I have receipts or pictures.   They walked around, took pictures, and made notes

This was to verify a crime had been committed, and the nature and extent of the crime, and whether I would co-operate in prosecuting it.  I hardly felt "Blamed."

I will go a step futher - I will accuse outright that such women as bitch loudest about things like this are motivated to keep a false allegation as a weapon in their arsenal against men.
Yea, though I walk through the valley of the Shadow of death, I shall fear no evil, for I am the MEANEST son-of-a-bitch in the valley.

Quentin0352

Quote
A false allegation or report to police is an offence under section 24 of the Summary Offences Act and punishable by three months imprisonment or a fine not exceeding $2000. Should the false complaint proceed to an evidential stage in Court, then the seriousness of the offending increases to include such charges under the Crimes Act as perjury, and attempting to pervert the course of justice.


Compared to 10 to life for the guy if he is convicted on false allegations.

Quote
In a rare case last August, a 44-year-old Waikato woman was sentenced to five months jail at the Tauranga District Court for making false complaints that she was raped by a man and sexually assaulted by his colleague.


WOW! Five whole months for screwing up someone's life forever!

Quote
But even if a complainant has a history of telling untruths or shows signs of being out of touch with reality, the police acting national crime manager Win van der Velde suggests that they should be taken just as seriously as an allegation from anyone else. However, he does suggest more diligence is required especially in verifying the detail around the complainant's allegation.


Strange since we don't mind looking at the history of someone when we are trying to convict them. If they have a history of mugging people, then it is looked at so why not if they have a history of making false complaints?

Quote
Irrespective of the existence of false complaints, Jan Jordan thinks it is "incredibly difficult to get the guilty convicted, let alone wrongfully convict the innocent''.


Tell that to all the guys who are in jail based on false accusations and the men who have their lives ruined by them with no recourse because the courts do not want to punish women making false complaints.

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