Re: Bad idea: Punishing false accusers

On 24 Nov 2003 01:52:01 -0800 Kate Orman <[EMAIL PROTECTED]> wrote in
message <[EMAIL PROTECTED]>...

> Rich <[EMAIL PROTECTED]> wrote in message
> news:<[EMAIL PROTECTED]>...
> 
>> There is no such rate, no one counts false rape accusations, they
>> are not even against the law as such.
> 
> Rich, could you explain something?

[Snip lengthy list of charges actually or potentially laid on alleged
false accusers]

> Each of these quotes comes from a news item posted to talk.rape 
> during the last week (you can easily check them for yourself using 
> Google).
> 
> If it's not against the law to make a false report to the police, then 
> how are these charges being laid?

Rich did not say that.  His words are quoted top, and I tend to agree with
them.  Rich did not say that no crime is committed by a person when they
make a false accusation.  He is saying that the false accusation element of
the act is not recognised in any of the charges available.  (His use of the
phrase 'as such' indicates his intent here.) A malicious false accusation is
the abuse of the reporting process *in order to attack someone*.  All of the
charges you cite fail to recognise this attack.  If I were violently to
assault you with a police parking bollard, and the only thing I were charged
with is 'misuse of police property', then I think you would agree that the
charge missed the point.  If that were the only thing I *could* be charged
with, then the violent assault *as such* would not be against the law.

Where I part company from Rich, is his denial of the relevance of mens rea
on the part of the complainant.  He is entitled to express an unorthodox
opinion, of course, but it is objectionable that he routinely
(mis)represents the position of his opponents, so as to deny that *they*
do.

> Yours,
> - Kate Orman

-- 
Daran

To fear a power; to fight a power, is very dangerous.  To love power and to
share it is the royal way -- Gelluk in 'The Finder' by Ursula Le Guin