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False accusation of rape

Reporting of a rape where no rape has occurred

  • 24 min read
  • 8 chapters

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Through Sociology, Public policy and Mental disorder

Despite many attempts to estimate the prevalence of false rape allegations, reliable evidence is scarce, and estimates vary widely across studies and remain contested. Many factors can cause prevalence estimates to be distorted, misleading, or biased.

Causes

Causes of false accusations of rape fall into two broad categories: deliberate deception (lies) and non-deliberate errors (such as false memories, facilitated communication, or uncertainty about events). In stricter definitions—such as those used in academic research—only the former is typically classified or counted statistically as a false accusation of rape.

Deliberate deception

An accuser may have several motivations to falsely claim they have been raped. There is disagreement on how many different categories these may be put into. Kanin (1994) listed three: revenge, producing an alibi, and getting sympathy/attention. Newman (2017) listed four: revenge, producing an alibi, personal gain, and mental illness.

According to De Zutter et al. (2017), Kanin's list is "valid but insufficient to explain all the different motives of complainants" and presents eight categories of motives: material gain, alibi, revenge, sympathy, attention, disturbed mental state, relabeling, or regret.

According to Hines and Douglas (2017), 73% of men who've experienced partner-initiated violence reported that their partner threatened to make false accusations. This is compared to 3% for men in the general population.

Non-deliberate deception

False memories

There are several ways in which an alleged victim can accidentally come to believe that they have been raped by the person(s) they accuse. These include:

  • Recovered-memory therapy: memories of sexual abuse "recovered" during therapy in the absence of any supporting evidence, based on the Freudian notion of "repression"
  • The victim's confusion of the memory of the real rapist with the memory of someone else
  • Memory conformity: memory can become contaminated when co-witnesses discuss their recollection of events

Facilitated communication

Facilitated communication (FC) is a scientifically discredited technique that attempts to aid communication by people with autism or other communication disabilities who are non-verbal. The facilitator guides the disabled person's arm or hand and attempts to help them type on a keyboard or other device. Research indicates that the facilitator is the source of the messages obtained through FC, not the disabled person. However, the facilitator may believe they are not the source of the messages due to the ideomotor effect, which is the same effect that guides a Ouija board. There have been a number of accusations of sexual abuse made through facilitated communication. As of 1995, there were sixty known cases, with an unknown numbers of others settled without reaching public visibility.

"Don't know"

According to De Zutter et al. (2017), 20% of complainants said that they did not know why they had filed a false allegation.

Presumption of guilt

Presumption of guilt refers to a tendency or practice in which, after a sexual assault or rape accusation arises, public opinion, institutions, or judicial practice assume that the accused has already committed the crime despite insufficient evidence or before investigation and trial are completed, and require the accused to prove their own innocence.

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