FALSE RAPE ALLEGATIONS ARE COMMON

And feminist laws convict the innocent

Despite its many painful and unseemly aspects, the Kobe Bryant rape case and the media storm surrounding it have drawn attention to a severely neglected problem: false rape accusations.

In her recent "Daily Journal" column, high profile feminist professor Wendy Murphy dismisses the problem of false accusations as an "ugly myth," and calls for "boiling rage" activism to address what she perceives as the anti-woman bias of the criminal justice system. Like many victims' advocates, Murphy cannot seem to fathom the possibility that Bryant could be innocent. However, research shows that false allegations of rape are frighteningly common.

According to a nine-year study conducted by former Purdue sociologist Eugene J. Kanin, in over 40 percent of the cases reviewed, the complainants eventually admitted that no rape had occurred ("Archives of Sexual Behavior," Vol. 23, No. 1, 1994). Kanin also studied rape allegations in two large Midwestern universities and found that 50 percent of the allegations were recanted by the accuser.

Kanin found that most of the false accusers were motivated by a need for an alibi or a desire for revenge. Kanin was once well known and lauded by the feminist movement for his groundbreaking research on male sexual aggression. His studies on false rape accusations, however, received very little attention.

According to a 1996 Department of Justice Report, of the roughly 10,000 sexual assault cases analyzed with DNA evidence over the previous seven years, 2,000 excluded the primary suspect, and another 2,000 were inconclusive. The report notes that these figures mirror an informal National Institute of Justice survey of private laboratories, and suggests that there exists "some strong, underlying systemic problems that generate erroneous accusations and convictions."

That false allegations are a major problem has been confirmed by several prominent prosecutors, including Linda Fairstein, who heads the New York County District Attorney's Sex Crimes Unit. Fairstein, the author of "Sexual Violence: Our War Against Rape," says, "there are about 4,000 reports of rape each year in Manhattan. Of these, about half simply did not happen."....

The media has largely ignored these studies and experts and has instead promoted the notion that only 2% of rape allegations are false. This figure was made famous by feminist Susan Brownmiller in her 1975 book "Against Our Will: Men, Women and Rape." Brownmiller was relaying the alleged comments of a New York judge concerning the rate of false rape accusations in a New York City police precinct in 1974..... Brownmiller's credibility can be assessed by her assertion in "Against Our Will" that rape is "nothing more or less than a conscious process of intimidation by which all men keep all women in a state of fear."

Murphy also contends that the criminal justice system is stacked against women, and that the law reform initiatives promoted during the past three decades have "failed to make a bit of difference in the justice system's handling of rape cases." In reality, feminist advocacy and the now ubiquitous rape-shield laws have made an enormous difference in the way the system treats rape cases.

Some of these changes have been fair, and have led to greater protections for rape victims. However, others have made it more difficult for men to defend themselves, with at times horrifying consequences for the accused.

For example, in December, the Arkansas Supreme Court denied an appeal by Ralph Taylor, who is serving a 13-year sentence for rape. The court held that evidence of the victim's alleged prior false allegations of rape was inadmissible because it was considered sexual conduct within the meaning of the state's rape shield statute. In that case, the defense proffered the testimony of two friends of the alleged victim, both of whom claimed that she had previously falsely accused another man of raping her. The court added that admitting such evidence could "inflame the jury."

In her book "Ceasefire: Why Women and Men Must Join Forces to Achieve True Equality, Boston Globe" columnist Cathy Young details numerous questionable rulings in which potentially innocent men were prevented from properly defending themselves by the rape shield laws which Murphy endorses.

One of these cases concerns an 18 year-old Wisconsin boy named Charles Steadman, who in 1993 was sentenced to eight years in prison for allegedly raping an older woman. Steadman was prohibited from revealing that his accuser was currently facing criminal charges of having sex with minors, and thus had an excellent reason to claim that the sex with Steadman was not consensual. Such evidence was deemed related to his accuser's sexual history and thus inadmissible.....

Murphy is correct that rape is a horrible crime. But false accusations of rape are every bit as horrible. They are a form of psychological rape that can emotionally, socially, and economically destroy a person even if there is no conviction, especially for those of less fame and fortune than Bryant. The stigma attaches to the falsely accused for life. Few believe them and few care. Prosecutors systematically refuse to prosecute the perpetrators. And victims' advocates like Murphy refuse to see falsely accused men as victims, and instead work to minimize and conceal the problem.

More here.