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?
She committed a terrible crime.
IF there is evidence that the allegation was willfully and with malice completely fabricated, then the punishment should be harsh. This is an attempt to absolutely ruin a man’s life, his reputation, separate him from the love of any friends, take away his freedom, expose him to the violence of jail life, and reduce him to poverty should he get out one day. And for what? Have they said what her motivation for this hateful act could have been?
As long as we can be sure that rape victims are not punished if they cannot prove their stories, or get a conviction, then we need to go after the false accusers hard.
Am surprised there are no charges against the father who obviously failed to teach his daughter proper conduct and ethics. Certainly it’s akin to child abuse. See below for others to be arraigned.
After all we have parents threatened with child welfare charges for letting their kids walk home a couple of blocks and suspend children for biting a cookie so it looks like a pistol.
This girl actually read the book which raises questions as to her having been so eroticized ..and also made application.
Certainly dad and mom and grandparents, and uncles and aunts should all be arraigned in this case. Oh and don’t forget the author, publisher, distriburer and the person who didn’t keep such a dangerous instrument out of the hands of a minor.
The best deterrent I can imagine for false accusations is that the penalty for them is identical to that for the crime if the accusation was true. If the father was facing 20 years in jail for rape, then the daughter should face the same time in jail.
Great post KC. Thanks.
Now, that is how you combat these teeth gnashing liberals who want to tell everybody else what to think, feel, and say.
In related news:
“Hillary Clinton’s campaign website removed a pledge to believe all sexual assault victims earlier this year after historic rape allegations against her husband re-emerged.
On January 29, her website’s page on campus sexual assault said victims have ‘a right to be believed, and we’re with you.’ On February 4, that quote was gone.
The alteration came after the re-emergence of 73-year-old Juanita Broaddrick’s claim that Bill Clinton had raped her in 1978 and Hillary had threatened her to keep quiet.”
Now missing:
“‘I want to send a message to every survivor of sexual assault: Don’t let anyone silence your voice. You have the right to be heard. You have the right to be believed, and we’re with you.“
Maybe she needs to be thrown in a cell and gang raped.
Paul, that was LOL.
Since this is a case that originated in England, American laws do not correctly apply.
“Just seven minutes into cross-examination, the girl admitted she had made up the accusations because she was angry with her strict father and “wanted to teach him a lesson.”
This quote is from the story that ran in The Telegraph newspaper in England.
When a person demonstrates such a gap in understanding the consequences, and knowing just how harmful a false rape charge can be, that person needs to be punished in such a way as to impart a “life’s lesson”. I doubt that without such an educational event, she will only become more a person who is run by emotions of rage and bullying to get her childish way throughout her life.
Bob – besides the prison sentence for perjury we need to tack on a couple of years for plagiarism.
Always. There should always be harsh punishments for bearing false witness to destroy someone else for kicks.
The prosecutor and the cops should have a lie detector test given to every person who claims to have been a crime victim when there are not other witnesses.
Polygraphs are just not reliable, and should seldom if ever be used.
If my impression from news reports is true, in the US, prosecutors are the perpetrators of the overwhelming majority of gross miscarriages of justice and a critical mass of them are grossly arrogant men incapable of admitting error. Looked at superficially, this sounds like the result of slapdash police work which was not critically evaluated by the prosecutor. If I’m not mistaken, Britain employs few if any salaried prosecutors. Prosecution tasks are assigned to a member of the standing corps of barristers and barristers work as both prosecutors and defense counsel as a matter of course.
The prosecutor should throw the book at her. After she’s finished her sentence, on to foster care. She can attempt, later in life, to build a family to replace the one she betrayed and tried to destroy.
Of course, she’ll get a slap on the wrist or nothing, because that’s what happens in this world. Young women have to be ugly, or they have to be recidivists, or they have to manifest an abiding tendency to play games with the court system (see Katelyn Hunt) before they’re held accountable.
BLM Dog has a point about polygraphs; the problem, however, is that there are very few truly competent operators and in my experience, there were no more than a couple outstanding and purely objective Michugan State. Police polygraph operators who conducted polygraphs fairly. The other huge problem is that forcing a true victim to take one further stigmatizes and traumatized her.
JW Burdick – the other problem with polygraphs is that their is a significantly high number of false positives. Certain people should never take a polygraph. Any ADD person should. There are others that are always going to show a false positive.
Tin, I worked a couple cases like you describe. I got the hell out of custody cases as soon as I could.
What’s the purpose of having laws if prosecutors are given the power to select when violations of the law should be prosecuted? If we are to be a nation of laws, and we have an abundance of them, then enforce them or get rid of them. In our republic we elect our representatives to make laws that we as a society agree should enhance the security of our lives, our liberty and property. If the administrators do not faithfully execute the duties of their office and enforce the laws then we the people are no longer living in a constitutional republic. We would at best be a utilitarian democracy where the majority decide what is in their best interests. The measure would be one of utility and not constitutionality. Isn’t this why elections have consequences, especially for the minority?
From Merriam-Webster’s:
“a doctrine that the useful is the good and that the determining consideration of right conduct should be the usefulness of its consequences; specifically : a theory that the aim of action should be the largest possible balance of pleasure over pain or the greatest happiness of the greatest number:”
Every time something like this happens it can make it more difficult for someone who is assaulted to have their case prosecuted.
I agree with TIN in the comment right above here.
I also think that the prosecutor should be fired. The prosecutor and the cops should have a lie detector test given to every person who claims to have been a crime victim when there are not other witnesses.
If the accuser is a minor and the accused is a family member, the prosecutor should consider the age of the child and whether charging her would cause further damage to the family. Also, the prosecutor should determine the child’s motives, and whether the child was coached by someone else, such as a vengeful ex-wife. False allegations in a family situation are more likely where an ex-spouse coaches the child in order to gain an advantage in divorce or custody proceedings.
If the person making false charges is an adult, then he/she should get jail time.
I do think that that prosecutors should still bring charges in such cases. I am all about accountability. I remember very well the Duke case that ruined those young men’s lives.
I think prosecutors should charge to the full extend of the law in false charge cases. Jail time, no probation.