Comments on: FALSE RAPE ALLEGATIONS http://www.johntfloyd.com/blog/2008/07/05/false-rape-allegations/ CRIMINAL JURISDICTION: Criminal Law Blog by Defense Lawyer John Floyd and Mr. Billy Sinclair Wed, 07 Jan 2009 08:15:02 +0000 http://wordpress.org/?v=2.7 hourly 1 By: JD http://www.johntfloyd.com/blog/2008/07/05/false-rape-allegations/comment-page-1/#comment-122 JD Tue, 21 Oct 2008 09:32:12 +0000 http://www.johntfloyd.com/blog/?p=10#comment-122 Right now my brother's ex is accusing him of "touching his 6 yr old sons testies" in order to get more child support. He does not have the money to hire an attny. He has made countless recordings of her threats left on his cell phone. She has even gone to the lengths of telling the child (on one recorded msg) to tell his father he hates him. The child refuses and tells the mother to do it. She again instructs the child to tell his father he hates him. The child is obviously stressed and again refuses. What can one do in this situation with zero funds to aquire an attorney? (Fort Worth, TX) Right now my brother’s ex is accusing him of “touching his 6 yr old sons testies” in order to get more child support. He does not have the money to hire an attny. He has made countless recordings of her threats left on his cell phone. She has even gone to the lengths of telling the child (on one recorded msg) to tell his father he hates him. The child refuses and tells the mother to do it. She again instructs the child to tell his father he hates him. The child is obviously stressed and again refuses.

What can one do in this situation with zero funds to aquire an attorney?
(Fort Worth, TX)

]]> By: Jason http://www.johntfloyd.com/blog/2008/07/05/false-rape-allegations/comment-page-1/#comment-107 Jason Wed, 08 Oct 2008 03:49:29 +0000 http://www.johntfloyd.com/blog/?p=10#comment-107 What most people don't realize is that a simple allegation can easily get out of hand and once it gets out it's out there forever. Even before any hearing is held in the case or formal charges are filed, the accused is damaged for life. DHS is already on them, their employer more than likely dismisses them, and they of course have to endure the humility of being on the 6 o clock news and on the webcast of that news report for life. It's a horrible horrible situation just to be accused. The only solution would be to require states to limit media exposure until formal charges are filed What most people don’t realize is that a simple allegation can easily get out of hand and once it gets out it’s out there forever. Even before any hearing is held in the case or formal charges are filed, the accused is damaged for life. DHS is already on them, their employer more than likely dismisses them, and they of course have to endure the humility of being on the 6 o clock news and on the webcast of that news report for life. It’s a horrible horrible situation just to be accused.

The only solution would be to require states to limit media exposure until formal charges are filed

]]> By: Stephanie http://www.johntfloyd.com/blog/2008/07/05/false-rape-allegations/comment-page-1/#comment-93 Stephanie Wed, 10 Sep 2008 20:07:33 +0000 http://www.johntfloyd.com/blog/?p=10#comment-93 As an advocate for sexual assault victims, I find this blog deeply disturbing. At the hospital I work at, we see victims nearly every day, most of whom do not even involve the police. According to the National Crime Victimization Survey, only 39% of rapes were reported to the police in 2003. Additionally, the rate of false reporting which you claim is high has been shown to be equal to any other crime, which is 2-3% of all cases (Schafran, 1993). Victims who do go through the emotionally trying experience of evidence collection and then decide to file a police report are often met with disappointment, as convictions are rare. This is mostly due to lack of "real evidence" because DNA evidence is incredibly hard to collect. Lawyers often attack the victim, making their testimonials seem meaningless. This experience is often referred to as the "second rape" because it the victims have to relive the rape. Over-conviction of rapists is a misconception many people have. It is scary to think that rape is as prevalent as it is, especially if you have been fortunate enough to not be either raped yourself or have anyone close to you go through rape. I understand if you believe that sexual assault is rare and over-reported, but statistically it is the opposite. As an advocate for sexual assault victims, I find this blog deeply disturbing. At the hospital I work at, we see victims nearly every day, most of whom do not even involve the police. According to the National Crime Victimization Survey, only 39% of rapes were reported to the police in 2003. Additionally, the rate of false reporting which you claim is high has been shown to be equal to any other crime, which is 2-3% of all cases (Schafran, 1993). Victims who do go through the emotionally trying experience of evidence collection and then decide to file a police report are often met with disappointment, as convictions are rare. This is mostly due to lack of “real evidence” because DNA evidence is incredibly hard to collect. Lawyers often attack the victim, making their testimonials seem meaningless. This experience is often referred to as the “second rape” because it the victims have to relive the rape.

Over-conviction of rapists is a misconception many people have. It is scary to think that rape is as prevalent as it is, especially if you have been fortunate enough to not be either raped yourself or have anyone close to you go through rape. I understand if you believe that sexual assault is rare and over-reported, but statistically it is the opposite.

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