[The following post was written by E. Steven Berkimer who runs the vitally important False Rape Society blog.]
The following does not constitute legal advice, and is not intended for that purpose. Only a licensed and qualified attorney who is able to interview the accused and to conduct other appropriate investigation can properly serve his interests.
False Rape Accusations. Duke lacrosse immediately springs to mind when you read those words. Hofstra, for a more recent case. On a daily basis, someone is being falsely accused. On my site, www.falserapesociety.blogspot.com, we refer to them as FRAs (it’s much easier than typing it out every time). For the purposes of this piece, the vast majority of FRAs are understood to be filed by women.
How do you avoid having an FRA leveled at you? What do you do once an accusation has been leveled? And how do we, as a society, prevent the FRA from happening?
Lets take a look at that last one first.
How do we prevent FRAs from happening? Unless we see a radical shift in our legal system (speaking of the U.S.), we will never be able to completely stop false accusations from happening.
That said, the first step in preventing false accusations would be to make the seriousness of the crime equal to the level of the accusation. Rape is a felony, and rightly so. However, falsely accusing someone of rape, at most, will be met with a charge of filing a false police report, which is usually a misdemeanor. I know that in the U.K., there are other charges that can be leveled, and under the E.U. Human Rights Charter, there are other avenues that can be legally used. The U.S. however, doesn’t afford those options.
The biggest hurdle? Changing the attitude of the judicial system, from the police to the prosecutors to the judges. Proper practice by law enforcement should be to investigate first, then arrest if there is sufficient proof to warrant that. However, in the current climate, it is arrest first, and then investigate. So innocent citizens can and do spend time in jail, with no proof aside from the accusation of even a mentally unbalanced woman, before an investigation even starts.
So, what do you do if you are on the receiving end of an FRA? Get the best criminal attorney in the area to represent you, preferably one who has tried before a jury numerous similar cases. Spare no expense because it is the most important investment you will ever make. Make sure you have an attorney present, and make sure you follow his or her advice, when you speak with police or anyone else about the matter of which you’ve been accused and related matters. If you receive a suspicious phone call from anyone trying to get you to discuss the incident or related incidents, it might be a pretext call — a call recorded by police in order to get you to incriminate yourself. Be polite but firm. Refuse to answer questions or engage the caller in a conversation. Hang up as soon as possible and call your criminal defense attorney. Anything you say might be used as evidence in a criminal trial against you, depending on the jurisdiction.
The biggest difficulty lies in avoiding an FRA in the first place. When it isn’t even necessary for any type of sexual activity to take place to be falsely accused, it is almost impossible.
The best recommendation – although drastic — is to keep some form of electronic record of all sexual interactions. However, in most states, it is illegal to record video without all parties’ knowledge. Most states allow for audio taping of calls, but always be aware of your state’s laws.
Also know the major factors that can lead to an FRA:
- Alcohol/drugs – If she’s been drinking, even if it is just one drink, and she regrets what happens, she can claim rape, and because of that one drink, may be considered legally, incapable of consent. It’s another area where women evade taking responsibility for their actions.
- Infidelity – If you know she is involved in any way with someone (dating/married), consider that a warning sign. A more general way to describe this situation is when someone important to her would disapprove of her relationship with you – she might try to cover up consensual sex with a rape lie.
- Group Sex – Hofstra is the most recent case of this. However, that case was an example of #2. She lied to her boyfriend about the gangbang she willingly participated in.
- Job – If you are a Cop, Firefighter, Teacher, Cab Driver or Paramedic, you are more likely to have an FRA leveled against you.
- Age Differential – Older man/younger woman and Older woman/ younger man. In neither scenario will anyone even question an FRA. The second one however, lends credence to the idea that adult women are akin to children, and STILL aren’t held to the standards that adult men are.
- Break ups – Those who know what kind of special hell Family/Divorce Courts are like are well aware that false accusations of abuse, rape and molestation are used with regularity, and as a weapon, specifically if custody is involved.
While the “rape industry” likes to loudly proclaim that FRAs are a myth, women “don’t lie about rape,” and that false accusations are only around 2% (Studies by Kanin, McDowell, Times of India, Daphne II commissioned by the EU, and DOJ statistics all put the amount much higher), two things are certain. FRAs are a problem that is overlooked by the vast majority of people in our society, and their victims are almost 100% male.
Due to the vast inroads that feminism has made into the current judicial system, FRAs are a weapon used against men, and they are usually used to cover up the bad behaviors/decisions of some women. Under our current legal system, the woman can change her mind the next day, the next week, or the next year, about what she previously consented to, and cry rape.
And you WILL be arrested, so long as she is a convincing enough actress.