The Relationship between False Allegations of Rape and Restraining Order Abuse

It’s not without regret for how they may affect victims of sexual violence that a number of journalistic reports that expose false rape allegations have been highlighted on this blog. Although the blog’s focus is restraining order abuse, the potency of restraining orders and the laxity applied to the allegations they’re based on derive from the specter of domestic and sexual violence, the shadow of which has infected and jaundiced the perceptions of our legislators and judges.

The volume of false rape allegations that have been brought to public attention this year—mostly in the U.K., which is less squeamish about acknowledging fraud of this sort—will probably make further mention excessive, because it threatens to distract from reports and explications more directly relevant to the blog’s primary concern, which is restraining order injustice (a redundant phrase). Several news stories were noted this month, and some of these stories are each but one of a series that trace the same saga of mischief.

Law Graduate Falsely Accused Boyfriend of Rape and Assault as Excuse, Jury Told” (Steven Morris, The Guardian, 2014)

Oxford Union ‘Rape Victim Knew Her Claim Was False’” (Oliver Duggan, Amelia Hamer, and James Rothwell, The Telegraph, 2014)

Woman Accused of Making Repeated False Rape Allegations(The Inquisitr, 2014)

Woman Sentenced after Falsely Accusing Two Men of Rape” (UPI, 2014) (see also commentary by attorney and former Houston Law Review editor Robert Franklin)

Woman Who Cut Herself with Razor and Claimed She’d Been Raped Is Jailed” (Michael Donnelly, Belfast Telegraph, 2014)

Victim of False Rape Accusation Seeks Compensation(The Northern Echo, 2014)

Man Wrongly Accused of Sexual Assault Sues Police” (Rachel Olding, Sydney Morning Herald, 2014)

The purpose of collecting these reports of false rape allegations hasn’t been to discount the claims of real victims or even to reveal that false allegations are made, which should be unsurprising in a sociopolitical climate that’s eager to credit allegations of violence against women; the purpose, rather, is to reveal the motives of false accusers and to emphasize that there’s no lie that a dedicated false accuser will balk at telling and holding fast to. It happens that when false accusers frame people for a crime society holds in the highest contempt, their motives become more noteworthy.

If accusers are willing to falsely allege even rape (and casually), there’s no estimating how many “lesser” false accusations are made routinely, particularly when no risk or serious investment is entailed. Civil restraining orders are had in hours if not minutes based on brief interviews with judges, and there are no repercussions to their plaintiffs if the allegations they’re based on are untrue. They can furthermore instantly gratify multiple motives for false allegations at the same time.

These motives are sorted by the Federal Bureau of Investigation (FBI) under five broad rubrics: mental illness (or aberrance), attention-seeking/sympathy, profit, alibi (blame-shifting or cover-up), and revenge (or spite).

A false restraining order litigant with a malicious yen may leave a courthouse shortly after entering it having gained sole entitlement to a residence, attendant properties, and children, possibly while displacing blame from him- or herself for misconduct, and having enjoyed the reward of an authority figure’s undivided attention won at the expense of his or her victim.

S/he may, besides, be crackerjacks.

The exposure of false allegations of rape shouldn’t be interpreted as denying the reality or brutality of sexual violence. What it should do, however, is serve as a rude awakening to those who believe (and promote the belief) that allegations of abuse should be accepted without suspicion. It should also stress that false allegations aren’t negligible, rare, or harmless.

They’re anything but.

Copyright © 2014 RestrainingOrderAbuse.com

One thought on “The Relationship between False Allegations of Rape and Restraining Order Abuse

  1. Dr. Candida L. Saunders (“The Truth, the Half-Truth, and Nothing Like the Truth: Reconceptualizing False Allegations of Rape”):

    The prevalence of false allegations of rape is a contested and controversial issue. On the one hand, mainstream socio-legal rape research and commentary claims that false allegations of rape are rare, or at least no more prolific than false allegations of other crimes. On the other hand, front-line criminal justice professionals reportedly tell us that false allegations of rape are a common occurrence. The disparity between these rival estimates is clear and well documented (Gregory and Lees 1996; Harris and Grace 1999; Lees 2002; Temkin 2002; Kelly et al. 2005; Rumney 2006; Brown et al. 2007; Kelly 2010). It is also characterized by remarkable longevity. Apparently unconvinced by three decades of research findings indicating the low prevalence of false allegations of rape, criminal justice professionals are sticking to their guns. In one recent UK study, for example, while researchers estimated that 3 per cent of a sample of police-recorded rape cases contained ‘probable or possible’ false allegations, police officers maintained that ‘a good half’, ‘a lot’ and even ‘most’ rape cases are false (Kelly et al. 2005: 50–1).

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