The U. S. Senate hearings on Judge Kavanaugh have exposed the epidemic of false rape accusations in the US, and abroad, which threaten to bring down our civilized system of the rule of law.
For too long we have allowed false accusations to lynch thousands of men during the Jim Crow era, and, shift from lynching men with a noose, to lynching men, figuratively, using a corrupt mass media.
Some years ago, in my book: False Accusations of Rape: Lynching in the 21st. Century, I proposed a model federal statute for controlling the epidemic of false rape accusations in the U.S.
The law would punish false accusers with a minimum prison sentence equal to any jail time served by the victim of the false accusation.
Such a statute might look like this:
18 Stat. § 101: False Accusations of sexual misconduct.
(a) Any person who makes any utterance, publication or statement that states or implies that another person is guilty of rape or sexual assault, knowing that the utterance, publication or statement is false, or, having reason to know that the utterance, publication or statement is false, shall be guilty of a Felony.
c) There shall be no immunity privileges asserted in response to a charge under subsection (b).
(d) Any person who violates the provisions of subsection (a) shall serve a term in prison not less than any amount of time, including pre-trial confinement, that any falsely accused served as a result of the false accusation.
(e) Any person who violates the provisions of subsections (a) or (b) shall be strictly liable for any damages the falsely accused victim incurs as a result of the false utterance, publication or statement.
(f) Any court entering judgment against a false accuser under this provisions shall award full restitution to any falsely accused, including restitution or damages that arise or become known after any hearing on restitution. A victim of a false accusation of rape or sexual assault may re-open the issue of restitution in any criminal proceeding under this provision, at any time, to seek additional compensation for restitution of damages or injuries.
(g) There shall be no statute of limitations for any charge brought under this provision.
(h) Any person who violates the provisions of subsection (a) or (b) of this provision shall be required to register as a sex offender under any applicable state or federal laws.
(i) Punishment under this provision shall be the minimum prison sentence as specified in subsection (d) up to an including twenty-five years in prison, plus a fine of up to $500,000 or both.
YOUNG MEN MUST REGISTER FOR THE SELECTIVE SERVICE (SSS) BUT NOT YOUNG WOMEN, ALTHOUGH BOTH MAY VOLUNTEER FOR MILITARY SERVICE AND CAREERS.
What’s in section (b)? Or is it just mis-enumerated?
Paul,
Here’s section “b”:
(b) No person (including any government personnel or any other person including judicial persons) shall reveal the identity of any person accused of rape or sexual assault until such time as a court of competent jurisdiction has entered a final judgment, with all appeal rights exhausted, declaring the person to be guilty of rape or sexual assault; any person who violates this section shall be guilty of a Felony.
I’m pleased to see the language of the statute includes “matching” confinement served by the accused. And compensation for damages caused by destructive False Accusations. All too often the False Accuser suffers little to no repercussions for their actions.
Bill: We agree. Thank you for your comments.