Re: Bad idea: Punishing false accusers

On Sun, 30 Nov 2003 05:44:59 GMT, spammy <[EMAIL PROTECTED]> wrote:

>On 29 Nov 2003 13:20:41 -0800, [EMAIL PROTECTED] (Rich) wrote:
>>No, malice is the state of mind with which she makes the accusation.
>>That is, she makes the accusation with intent to harm the man named.
>>Women make FRAs for many reasons, the majority of which don't require
>>malice.
>
>I disagree. FRAs are, in my opinion, by definition malicious.

Like JJ claiming that all rape is violent (even if he has to add the
violence himself) this rather distorts the picture. False rape accusations,
where she names a specific man, would tend to have malice as a cause,
but not necessarily. She may be blackmailing him using the threat of
rape like the case I posted a few days ago, and not gotten her money.
It's not malice per se, but business (such as it is).

Another form is the false rape report, where she claim to have been
raped and makes up a description (the police are insistent about one).
The police then haul in any man they can find matching the description,
and try him for rape. No malice present, how could there be, she never
met the man the police haul in. The fact remains, she lied to the
police that she was raped, then she lied to the court on the stand even
when her lies put an innocent man in prison for a crime that never
happened. TR regulars say her hands are clean and that she has done
nothing wrong. I disagree. They also claim that if she was raped
and names the wrong man, her hands are clean, apparently putting
innocent men in prison is not a crime in their books.

>They
>are so obviously destructive to the person accused that intent can
>be inferred from the act.

I don't agree. The only reason why TR regulars demand that malice be
proven when rape need not be is to make it near impossible to try a
women who makes a FRA or false rape report. It's totally irrelevant to
the issue, FRAs are not wrong because and only because of malicious
intent, and they are not right (or neutral) because of a lack of it,
or because malice cannot be proven.

Rich