A father was most likely spared a rape conviction by a lawyer’s crash reading of the best-selling sadomasochistic sex novel Fifty Shades of Grey. The accuser was his daughter who admitted that she made the allegation to get back at her father. As we have previously discussed, such false rape case often do not result in charges for the false victim. In this case, there is no reference for such charges.
Defense barrister Cathy McCulloch has stated on her blog that the father was likely to be convicted based on the accusation of the daughter alone. Allegations of both incest and rape. However, McCulloch noted that the girl was using words that seemed beyond her years. She then noted that the father mentioned in passing that his daughter’s favorite book was “about a millionaire who takes a young woman under his wing and ‘teaches her about art’.” McCulloch, a former police officer, had never read the book but recognized the storyline. She actually made a rather unconventional motion: a delay to be allowed to finish the book. When done, she succeeded in cross examining the girl who admitted that she made up the allegations and attempted to see her father convicted of her false rape.
It took only seven minutes for McColluch to get the confession. It appears that no one in the police made such an effort and worked to convict an innocent father. The acquittal was ordered by the court, but there is no indication of charges against the daughter.
We have previously discussed how false rape accounts are often not punished (as in the case of the infamous Duke Lacrosse rape case) or lightly punished. There has been a variation of sentences for false rape charges but they vary greatly, including just a few weekends in jail. (here; here; here; here; here; here; here; here; and here).
My assumption is that the father would not want to bring charges even if the prosecutor was so inclined. Do you think that prosecutors should still bring charges in such cases?