False rape allegations.

by Eugene J. Kanin

With the cooperation of the police agency of a small metropolitan community, 45 consecutive, disposed, false rape allegations covering a 9 year period were studied. These false rape allegations constitute 41% the total forcible rape cases (n = 109) reported during this period. These false allegations appear to serve three major functions for the complainants: providing an alibi, seeking revenge, and obtaining sympathy and attention. False rape allegations are not the a consequence of a gender-linked aberration, as frequently claimed, but reflect impulsive and desperate efforts to cope with personal and social stress situations.
© COPYRIGHT 1994 Plenum Publishing Corporation
INTRODUCTION

Of the many controversies surrounding the crime of rape,
no more thorny issue arises than that dealing with false
allegations. Generally, this issue is couched in terms of
unfounded rape. However, we are not addressing that
concept here since unfounded rape is not usually the
equivalent of false allegation, in spite of widespread usage
to that effect. There is ample evidence, frequently ignored
(see MacDonald, 1971; Brownmiller, 1975), that in
practice, unfounded rape can and does mean many things,
with false allegation being only one of them, and
sometimes the least of them. Other factors that are
typically responsible for unfounded declarations are
victim’s late reporting to the police, lack of corroborating
evidence, lack of cooperation by the victim and/or
witnesses, reporting in the wrong jurisdiction,
discrepancies in the victim’s story, wrong address given by
the victim, victim’s drunkenness, victim’s drug usage,
victim’s being thought a prostitute, victim’s uncertainty of
events, victim’s belligerence (Clark and Lewis, 1977;
Hursch, 1977; Katz and Mazur, 1979; Kanin, 1985;
LaFree, 1989). In sum, the foregoing largely represent
those conditions that could seriously frustrate efforts to
arrest and/or convict the offender. This paper deals
exclusively with false rape allegations: the intentional
reporting of a forcible rape by an alleged victim when no
rape had occurred.

False rape charges have probably been in existence as
long as the concept of rape. However, in the 20th century,
medical jurisprudence saw a new development that
enabled false allegations to be viewed as a singular
instance of gender-related lying, something quite different
in nature from the false accusations of robbery or burglary
that were made by men. In short, false rape accusations
became a reflection of a unique condition of women, not
unlike that of kleptomania (Abelson, 1989). This new
development was the masochistic nature of woman
doctrine, a perspective that assumed women had a
subconscious desire for rape, as evidenced by their rape
fantasies (Freud, 1933; Deutsch, 1944; Horney, 1933),
and that neurotic individuals would convert their fantasies
into actual beliefs and memory falsification (for an
extensive and critical treatment of this perspective, see
Edwards, 1981, 1983; Kanin, 1982; Bessmer, 1984). In
addition, some influential medical figures adopted the
position that false rape allegations were widespread
(Menninger, 1933; Guttmacher and Weihofen, 1952).
Many legal scholars enthusiastically endorsed this medical
position (Wigmore, 1940; Juliver, 1960; Comment, 1973;
Hibey, 1973) and commonly recommended that rape
complainants be routinely subjected to psychiatric
examination in order to determine their truthfulness
(Guttmacher and Weihofen, 1952; Sherwin, 1973;
Comment, 1973). An American Bar Association committee
offered a similar recommendation to this effect as early as
1937-1938 (Weihofen, 1959).

In the legal literature, pseudologia phantastica became the
authoritative scientific label for the condition responsible
for false rape reporting (Grablewski, 1958; Juliver, 1960).
Pseudologia phantastica was described as a "Delusional
state in which the complainant truly believes that she had
been raped although no rape, and perhaps no sexual
contact of any kind, had taken place. Since she firmly
believes this non-fact, her story is unshakable" (Bessmer,
1984). Less pretentious legal scholars made the same
point by merely making references to delusional and
hysterical states (Smith, 1953-1954; Comment, 1970). In
recent years, however, possibly as a response to the
women’s movement, members of the mental health and
legal community have become markedly less likely to
express such a position on false rape allegations. In
England, judges still rather freely comment on the
mendacious nature of women (Lowe, 1984).

Currently, the two main identifiable adversaries involved in
the false rape allegations controversy are the feminists
and the police. The feminists are by far the most
expressive and prominent on this issue. Some feminists
take the position that the declaration of rape as false or
unfounded largely means that the police do not believe the
complainant; that is, the rape charges are real reflections
of criminal assault, but the agents of the criminal justice
system do not believe them (Brownmiller, 1975; Russell,
1984). Some feminists virtually deny the existence of false
rape accusations and believe the concept itself constitutes
discriminatory harassment toward women (see Grano,
1990). On the other hand, police are prone to say the
reason for not believing some rape complainants resides
in the fact that the rapes never occurred (Payton, 1967;
Wilson, 1978; Jay, 1991). Medical Examiners lend support
to this police position by emphasizing the ever-present
possibility that rape complainants may be lying (Shill,
1969, 1971).

The purpose of this paper is to report our findings on the
incidence and dynamics of false rape allegations from a
long-term study of one city’s policy agency.

METHOD

This investigation is essentially a case study of one police
agency in a small metropolitan area (population = 70,000)
in the Midwestern United States. This city was targeted for
study because it offered an almost model laboratory for
studying false rape allegations. First, its police agency is
not inundated with serious felony cases and, therefore,
has the freedom and the motivation to record and
thoroughly pursue all rape complaints. In fact, agency
policy forbids police officers to use their discretion in
deciding whether to officially acknowledge a rape
complaint, regardless how suspect that complaint may be.
Second, the declaration of a false allegation follows a
highly institutionalized procedure. The investigation of all
rape complaints always involves a serious offer to
polygraph the complainants and the suspects. Additionally,
for a declaration of false charge to be made, the
complainant must admit that no rape had occurred. She is
the sole agent who can say that the rape charge is false.
The police department will not declare a rape charge as
false when the complainant, for whatever reason, fails to
pursue the charge or cooperate on the case, regardless
how much doubt the police may have regarding the validity
of the charge. In short, these cases are declared false only
because the complainant admitted they are false.
Furthermore, only one person is then empowered to enter
into the records a formal declaration that the charge is
false, the officer in charge of records. Last, it should be
noted that this department does not confuse reported rape
attempts with completed rapes. Thus, the rape
complainants referred to in this paper are for completed
forcible rapes only. The foregoing leaves us with a certain
confidence that cases declared false by this police agency
are indeed a reasonable -- if not a minimal -- reflection of
false rape allegations made to this agency, especially
when one considers that a finding of false allegation is
totally dependent upon the recantation of the rape charge.
We followed and investigated all false rape allegations
from 1978 to 1987. A ranking police official notified us
whenever a rape charge was declared false and provided
us with the records of the case. In addition, the
investigating officers provided any requested
supplementary information so that we could be confident
of the validity of the false rape allegation declarations.

FINDINGS

Incidence of False Allegations

Widely divergent viewpoints are held regarding the
incidence of false rape reporting (Katz and Mazur, 1979).
For example, reports set the figure from lows of 0.25%
(O’Reilly, 1984) and 1% (Krasner et al., 1976) to highs of
80-90% (Bronson, 1918; Comment, 1968) and even 100%
(see Kanin, 1985). All of these figures represent releases
from some criminal justice agency or are estimates from
clinical practitioners. The extraordinary range of these
estimates makes a researcher suspect that inordinate
biases are at work.

Regarding this study, 41% (n = 45) of the total disposed
rape cases (n = 109) were officially declared false during
this 9-year period, that is, by the complainant’s admission
that no rape had occurred and the charge, therefore, was
false. The incidence figure was variable from year to year
and ranged from a low of 27% (3 out of 11 cases) to a high
of 70% (7 out of 10 cases). The 9-year period suggests no
trends, and no explanation has been made for the
year-to-year fluctuation.

Although very little information exists regarding the
characteristics of the complainant, some data can be
offered. These false complainants are all white, largely of
lower socioeconomic background, and the majority were
modestly educated. Only three complainants had any
education beyond high school. The mean age of these
women was 22. On the basis of the limited information
available, these women could not be distinguished from
those whose complaints were recorded as valid.

The study of these 45 cases of false rape allegations
inexorably led to the conclusion that these false charges
were able to serve three major functions for the
complainants: providing an alibi, a means of gaining
revenge, and a platform for seeking attention/sympathy.
This tripartite model resulted from the complainants’ own
verbalizations during recantation and does not constitute
conjecture. Of course, we are not asserting that these
functions are mutually exclusive or exhaustive; rather,
these rape recantations focused on a single factor
explanation. A possible objection to these recantations
concerns their validity. Rape recantations could be the
result of the complainants’ desire to avoid a "second
assault" at the hands of the police. Rather than proceed
with the real charge of rape, the argument goes, these
women withdrew their accusations to avoid the trauma of
police investigation.

Several responses are possible to this type of criticism.
First, with very few exceptions, these complainants were
suspect at the time of the complaint or within a day or two
after charging. These recantations did not follow prolonged
periods of investigation and interrogation that would
constitute anything approximating a second assault.
Second, not one of the detectives believed that an incident
of false recantation had occurred. They argued, rather
convincingly, that in those cases where a suspect was
identified and interrogated, the facts of the recantation
dovetailed with the suspect’s own defense. Last, the policy
of this police agency is to apply a statute regarding the
false reporting of a felony. After the recant, the
complainant is informed that she will be charged with filing
a false complaint, punishable by a substantial fine and a
jail sentence. In no case, has an effort been made on the
part of the complainant to retract the recantation. Although
we certainly do not deny the possibility of false
recantations, no evidence supports such an interpretation
for these cases.

Alibi Function

Of the 45 cases of false charges, over one-half (56%, n =
27) served the complainants’ need to provide a plausible
explanation for some suddenly foreseen, unfortunate
consequence of a consensual encounter, usually sexual,
with a male acquaintance. An assailant is identified in
approximately one half of these cases. Representative
cases include the following:

An unmarried 16-year-old female had sex with her
boyfriend and later became concerned that she might be
pregnant. She said she had been raped by an unknown
assailant in the hopes that the hospital would give her
something to abort the possible pregnancy.
A married 30-year-old female reported that she had been
raped in her apartment complex. During the polygraph
examination, she admitted that she was a willing partner.
She reported that she had been raped because her
partner did not stop before ejaculation, as he had agreed,
and she was afraid she was pregnant. Her husband is
overseas.

The above cases are prototypical cases where the fear of
pregnancy is paramount in motivating the rape charge.
This theme is constant, only the scenario changes in that
the lover is black, the husband is out of state on a job, the
husband had a vasectomy, the condom broke. Only three
cases deviated from this tradition:

A divorced female, 25 years of age, whose parents have
custody of her 4-year-old child. She lost custody at the
time of her divorce when she was declared an unfit
mother. She was out with a male friend and got into a fight.
He blackened her eye and cut her lip. She claimed she
was raped and beaten by him so that she could explain
her injuries. She did not want to admit she was in a
drunken brawl, as this admission would have jeopardized
her upcoming custody hearing. A 16-year-old complainant,
her girlfriend, and two male companions were having a
drinking party at her home. She openly invited one of the
males, a casual friend, to have sex with her. Later in the
evening, two other male acquaintances dropped in and, in
the presence of all, her sex partner "bragged" that he had
just had sex with her. She quickly ran out to another
girlfriend’s house and told her she had been raped. Soon,
her mother was called and the police were notified. Two
days later, when confronted with the contradictory stories
of her companions, she admitted that she had not been
raped. Her charge of rape was primarily motivated by an
urgent desire to defuse what surely would be public
information among her friends at school the next day, her
promiscuity. A 37-year-old woman reported having been
raped "by some nigger." She gave conflicting reports of the
incident on two occasions and, when confronted with
these, she admitted that the entire story was a fabrication.
She feared her boyfriend had given her "some sexual
disease," and she wanted to be sent to the hospital to "get
checked out." She wanted a respectable reason, i.e., as an
innocent victim of rape, to explain the acquisition of her
infection.

Revenge

Essentially, this category involved a false rape report as a
means of retaliating against a rejecting male.
Twenty-seven percent (n = 12) of the cases clearly
seemed to serve this function. These rejections, however,
ranged from the very evident cases of women who were
sexually and emotionally involved with a reciprocating
male to those women who saw themselves spurned from
what was in reality the females’ unilateral involvement.
Regardless, these women responded with a false rape
charge to perceived rejections. Because the suspect is
always identified, the false allegations potentially pose the
greatest danger for a miscarriage of justice. Examples of
these types of cases are as follows: An 18-year-old
woman was having sex with a boarder in her mother’s
house for a period of 3 months. When the mother learned
of her behavior from other boarders, the mother ordered
the man to leave. The complainant learned that her lover
was packing and she went to his room and told him she
would be ready to leave with him in an hour. He responded
with "who the hell wants you." She briefly argued with him
and then proceeded to the police station to report that he
had raped her. She admitted the false charge during the
polygraph examination. A 17-year-old female came to
headquarters and said that she had been raped by a
house parent in the group home in which she lived. A
female house parent accompanied her to the station and
told the police she did not believe that a rape had
occurred. The complainant failed the polygraph
examination and then admitted that she liked the house
parent, and when he refused her advances, she reported
the rape to "get even with him."
A 16-year-old reported she was raped, and her boyfriend
was charged. She later admitted that she was "mad at
him" because he was seeing another girl, and she "wanted
to get him into trouble."

Attention/Sympathy-Getting Device

Although this device seems to be the most extravagant
use for which a false rape charge is made, it is also the
most socially harmless in that no one was identified as the
rapist. Approximately 18% (n = 8) of the false charges
clearly served this function. The entire verbalization of the
charge is, by and large, a fabrication without base. The
following are typical examples:

An unmarried female, age 17, abruptly left her girlfriends in
the park one afternoon allegedly to go riding with a young
man, a stranger she met earlier that morning who wanted
her to smoke marijuana with him. Later that day, she told
her friends she was raped by this man. Her friends
reported the incident to the police, and the alleged victim
went along with the rape charge because "I didn’t want
them to know that I lied to them." She explained that she
manufactured this story because she wanted the attention.

An unmarried female, age 17, had been having violent
quarrels with her mother who was critical of her laziness
and style of life. She reported that she was raped so that
her mother would "get off my back and give me a little
sympathy." An unmarried female, age 41, was in
postdivorce counseling, and she wanted more attention
and sympathy from her counselor because she "liked him."
She fabricated a rape episode, and he took her to the
police station and assisted her in making the charge. She
could not back out since she would have to admit lying to
him. She admitted the false allegation when she was
offered to be polygraphed.

RELATED FINDINGS

In addition to the foregoing, certain other findings and
observations relevant to false allegations warrant
comment. First, false allegations failed to include
accusations of forced sexual acts other than penile-vaginal
intercourse. Not one complainant mentions forced oral or
anal sex. In contrast, these acts were included in
approximately 25% of the founded forcible rape
complaints. Perhaps it was simply psychologically and
socially more prudent for these women to minimize the
humiliation of sexual victimization by not embroidering the
event any more than necessary. This phenomenon has
been observed previously (McDowell and Hibler, 1987).

Second, although the literature liberally refers to various
extortion scams as responsible for false rape charging
(Comment, 1968; MacDonald, 1973), no such cases were
encountered or could even be recalled by members of the
police agency. This type of case may very well be a period
piece, or perhaps it was even then the exceptional case.
Extraordinary attention would readily have been
forthcoming since this theory nicely meshed with the
position of prevailing authorities who stressed the
omnipresent threat of female cunning and stealth. One
authority, (MacDonald, 1973), for example, cited a 1918
article (Bronson) to illustrate a blackmail case since he
never encountered one himself. In a similar vein, no
apparent case of pseudologia phantastica surfaced. The
earlier view of a deluded complainant, tenaciously
affirming her victimization, just does not appear here.
These women were not inclined to put up a steadfast
defense of their victimization, let alone pursue it into the
courtroom. Recantation overwhelmingly came early and
relatively easily. Certainly, false rape allegations can arise
from a deluded condition but we failed to find indicators for
what was once offered as the most common explanation
for false rape allegation.

One of the most haunting and serious implications of false
rape allegations concerns the possibility of miscarried
justice. We know that false convictions occur, but this
study only tells us that these false accusers were weeded
out during the very early stages of investigation. However
encouraging this result may be, we cannot claim that false
charging does not incur suffering for the accused. Merely
to be a rape suspect, even for a day or two, translates into
psychological and social trauma.

CONCLUSIONS

We feel that these false accusations can be viewed as the
impulsive and desperate gestures of women simply
attempting to alleviate understandable conditions of
personal and social distress and that, as an aggregate,
labels connoting pathology, e.g., delusional states, are
uncalled for. One can be tempted to pigeonhole this type
of conduct since we view it as extreme, as deviant, as
criminally reckless. At first glance, false rape allegation
seems to be a rather extreme gesture to satisfy alibi,
revenge, or attention needs. Practitioners in the mental
health and legal professions, however, will readily
recognize that these false rape reports are not really
exceptional exaggerations in light of what people rather
commonly do in order to satisfy these same needs in other
contexts. Consider the extravagant and perjurious
accusations that routinely pepper divorce and child
custody proceedings, and the inordinate departures from
the truth that have accompanied credentialed and
respected political and corporate figures in their quest for
recognition and office. And think of the petty and
commonplace transgressions that people frequently
verbalize as reasons for having committed homicide.

No evidence exists to suggest that something unique or
defective is in the female condition that prompts such
behavior. Rather, something biological, legal, and cultural
would seem to make false rape allegations inevitable. If
rape were a commonplace victimization experience of
men, if men could experience the anxiety of possible
pregnancy from illicit affairs, if men had a cultural base that
would support their confidence in using rape accusations
punitively, and if men could feel secure that victimization
could elicit attention and sympathy, then men also would
be making false rape accusations.

Most problematic is the question of the generalizability of
these findings from a single police agency handling a
relatively small number of cases. Certainly, our intent is
not to suggest that the 41% incidence found here be
extrapolated to other populations, particularly in light of our
ignorance regarding the structural variables that might be
influencing such behavior and which could be responsible
for wide variations among cities. But a far greater obstacle
to obtaining "true" incidence figures, especially for larger
cities, would be the extraordinary variations in police
agency policies (see Comment, 1968; Newsweek, 1983;
Pepinsky and Jesilow, 1984); variations so diverse, in fact,
that some police agencies cannot find a single rape
complaint with merit, while others cannot find a single rape
complaint without merit. Similarly, some police agencies
report all of their unfounded rape cases to be due to false
allegation, while other agencies report none of their
unfounded declarations to be based on false allegation
(Kanin, 1985). Some of these policies are really nothing
more than statistical and procedural legerdemain. On the
other hand, a degree of confidence exists that the findings
reported here are not exaggerations produced by some
sort of atypical population, that is, nothing peculiar exists
about this city’s population composition to suggest that an
unusual incidence or patterning of false rape allegations
would occur. This city is not a resort/reveling area or a
center attracting a transient population of any kind,
attributes that have been associated with false rape
reporting (Wilson, 1978). The major culprit in this city may
well be a police agency that seriously records and pursues
to closure all rape complaints, regardless of their merits.
We may well be faced with the fact that the most efficient
police departments report the higher incidence of false
rape allegations. In view of these factors, perhaps the
most prudent summary statement that is appropriate from
these data is that false rape accusations are not
uncommon. Since this effort is the first at a systematic,
long-term, on-site investigation of false rape allegations
from a single city, future studies in other cities, with
comparable policies, must assess the representativeness
of these findings.

ADDENDA

In 1988, we gained access to the police records of two
large Midwestern state universities. With the assistance of
the chief investigating officers for rape offenses, all forcible
rape complaints during the past 3 years were examined.
Since the two schools produced a roughly comparable
number of rape complaints and false rape allegations, the
false allegation cases were combined, n = 32. This
represents exactly 50% of all forcible rape complaints
reported on both campuses. Quite unexpectedly then, we
find that these university women, when filing a rape
complaint, were as likely to file a false as a valid charge.
Other reports from university police agencies support
these findings (Jay, 1991). In both police agencies, the
taking of the complaint and the follow-up investigation was
the exclusive responsibility of a ranking female officer.
Neither agency employed the polygraph and neither
declared the complaint false without a recantation of the
charge. Most striking is the patterning of the reasons for
the false allegations given by the complainants, a
patterning similar to that found for the nonstudent city
complainants. Approximately one half (53%) of the false
charges were verbalized as serving an alibi function. In
every case, consensual sexual involvement led to
problems whose solution seemed to be found in the filing
of a rape charge. The complaints motivated by revenge,
about 44%, were of the same seemingly trivial and spiteful
nature as those encountered by the city police agency.
Only one complainant fell into the attention/sympathy
category. These unanticipated but supportive parallel
findings on university populations suggest that the
complications and conflicts of heterosexual involvements
are independent of educational level. In fact, we found
nothing substantially different here from those cases
encountered by our city police agency.

REFERENCES
Abelson, E. S. (1989). The invention of kleptomania. Signs
15: 123-143.
Bessmer, S. (1984). The Laws of Rape, Praeger, New
York.
Bronson, F. R. (1918). False accusations of rape. Am. J.
Archives of Sexual Behavior
Feb 1994 v23 n1 p81(12)
Page 5
- Reprinted with permission. Additional copying is prohibited. -
G A L E G R O U P
Information Integrity
Page 6
False rape allegations.
Urol. Sex. 14: 509-510. Brownmiller, S. (1975). Against
Our Will, Simon and Schuster, New York.
Clark, L., and Lewis, D. (1977). The Price of Coercive
Sexuality, Woman’s Press, Toronto.
Comment. (1968). Police discretion and the judgement
that a crime has been committed. Univ. Penn. Law Rev.
117: 227-322.
Comment. (1970). The corroboration rule and crimes
accompanying a rape. Univ. Penn. Law Rev. 118:
458-472.
Comment. (1973). Complainant credibility in sexual
offense cases: A survey of character testimony and
psychiatric experts. J. Crim. Law and Crim. 64: 67-75.
Deutsch, H. (1944). The Psychology of Women, Vol. 1,
Grune and Stratton, New York.
Edwards, S. (1981). Female Sexuality and the Law, Martin
Robertson, London.
Edwards, S. (1983). Sexuality, sexual offenses, and
conceptions of victims in the criminal justice process.
Victimology 8: 113-130.
Freud, S. (1933). New Introductory Lectures on
Psychoanalysis, Norton, New York. Grablewski, J. T.
(1958). Necessity and corroboration of prosecutrix’s
testimony in prosecution for rape. Villanova Law Rev. 3:
220-222.
Grano, J. D. (1990, Spring). Free speech v. The University
of Michigan. Acad. Quest., pp. 7-22.
Guttmacher, M., and Weihofen, H. (1952). Psychiatry and
the Law, Norton, New York.
Hibey, R. A. (1973). The trial of a rape case: An
advocate’s analysis of corroboration, consent, and
character. Am. Crim. Law Rev. 11: 309-334.
Horney, K. (1933). Feminine Psychology, Norton, New
York.
Hursch, C. (1977). The Trouble with Rape, Nelson-Hall,
Chicago.
Jay, D. R. (1991). Victimization on the college campus: A
look at three high-profile cases. Campus Law Enforce,
35-37.
Juliver, M. (1960). Psychiatric opinions as to credibility of
witnesses: A suggested approach. Cal. Law Rev. 48:
648-683.
Kanin, E. J. (1982). Female rape fantasies: A victimization
study. Victimology 7: 114-121.
Kanin, E. J. (1985). Unfounded rape. Paper presented at
the Academy of Criminal Justice Sciences annual meeting,
Las Vegas, NV.
Katz, S., and Mazur, M. (1979). Understanding the Rape
Victim, Wiley, New York. Krasner, W., Meyer, L., and
Carroll, N. (1976). Victims of Rape, U. S. Government
Printing Office, Washington, DC.
LaFree, G. (1989). Rape and Criminal Justice, Wadsworth,
Belmont, CA.
Lowe, M. (1984). The role of the judiciary in the failure of
the sexual offenses (amendment) act to improve the
treatment of the rape victim. In Hopkins, J. (ed.),
Perspectives on Rape and Sexual Assault, Harper and
Row, London, pp. 67-88.
MacDonald, J. (1971). Rape Offenders and their Victims,
Charles C Thomas, Springfield, IL.
MacDonald, J. (1973). False accusations of rape. Med.
Aspects Hum. Sex. 7: 170-193.
Menninger, K. A. (1933). Cited in Wigmore, J. (1940).
Evidence in Trials at Common Law, Little Brown, Boston.
McDowell, C. P., and Hibler, N. S. (1987). False
allegations. In Hazelwood, R. R. and Burgess, A. W.
(eds.), Practical Aspects of Rape Investigation, Elsevier.
New York.
Newsweek. (May 16, 1983). Burying crime in Chicago.
O’Reilly, H. J. (1984). Crisis intervention with victims of
forcible rape: A police perspective. In Hopkins, J. (ed.),
Perspectives on Rape and Sexual Assault, Harper and
Row, London, pp. 89-103.
Payton, G. T. (1967). Patrol Procedures, Legal Book, Los
Angeles.
Pepinsky, H. E., and P. Jesilow (1984). Myths that Cause
Crime, Seven Locks Press, Cabin John, MD.
Russell, D. E. H. (1984). Sexual Exploitation, Sage,
Beverly Hills.
Schiff, A. (1969). Statistical features of rape. J. Forensic
Archives of Sexual Behavior
Feb 1994 v23 n1 p81(12)
Page 6
- Reprinted with permission. Additional copying is prohibited. -
G A L E G R O U P
Information Integrity
Page 7
False rape allegations.
Sci; 14: 102-110.
Schiff, A. (1971, October). Rape needs a special
examination. Emergency Med., pp. 28-29.
Sherwin, R. V. (1973). Commentary. Med. Aspects Hum.
Sex. 7: 193.
Smith, T. L. (1953-1954). Competency of female child as
prosecutrix in case of sexual offenses. Ala. Law Rev. 6:
96-99.
Weihofen, H. (1959). Compensation for victims of criminal
violence. J. Public Law 8: 209-218.
Wigmore, J. (1940). Evidence in Trials at Common Law,
Little Brown, Boston.
Wilson, P. R. (1978). The Other Side of Rape, University
of Queensland Press, St. Lucia, Queensland, Australia.
Archives of Sexual Behavior
Feb 1994 v23 n1 p81(12)
Page 7
- Reprinted with permission. Additional copying is prohibited. -
G A L E G R O U P
Information Integrity

Does Anil Verma have a history of domestic violence?

Jan 28, 2011

New Delhi: Indian Diplomat Anil Verma, accused of physically assaulting his second wife in London, has a history of domestic violence.

Exclusive details accessed by CNN-IBN show that this was not the first time that Anil Verma has faced allegations of domestic violence.

CNN IBN has accessed an FIR filed in 1998 by Verma’s first wife alleging dowry harassment.

Anil Verma's first wife had accused him of dowry harassment and violence in the complaint. The FIR also named Verma’s parents and sisters.

In fact Verma was arrested after his first wife had filed a criminal case against him.

The FIR was later withdrawn when couple agreed to a divorce.

"My husband reduced me to such a state that I started thinking suicide was the only option left to me. He used anger, threat, ridicule, humiliation and violence as weapons on me,” said the FIR.

Earlier, Verma had been recalled from London after his second wife Paromita had accused him of beating her.

Speaking to CNN-IBN, Verma’s first wife said, "there was a marriage. It was an unhappy marriage due to his violent tendencies and dowry demands from him and his family. All of this is a matter of court records.

"I thank god every day that he is no longer in my life and I would like to keep it that way. I have had no contact with Anil Verma or his family in the last 11-12 yrs and have nothing to do with the present case. My family and I have had a very long and difficult journey to get to where we are today and I would like to be left in peace to move forward with my life."

Source: IBNLIVE.in.com

Click www.delhipolice.nic.in to download FIR

Jan 31, 2011

NEW DELHI: All FIRs registered in Delhi will be uploaded on Delhi Police's website from Tuesday. People can download new FIRs from the Delhi Police website -- www.delhipolice.nic.in while an accused can get a copy from the police station by paying Rs 25.

"We are all set to upload the FIRs on the website. All police stations have been equipped to do it," a senior police official said.

The move comes following a direction by the Delhi high court on December six last year that an accused is entitled to get a copy of the FIR within 24 hours of its registration and police cannot deny supplying it.

The court had said the FIRs should be uploaded within 24 hours of its registration though it exempted the force from making public FIRs on sensitive issues.

However, whenever it does not make FIRs public, such a decision has to be taken by an officer not below the rank of deputy commissioner of police and they have to inform area magistrates.

According to the official, an accused can apply for the copy of an FIR at a charge of Rs 25 for four pages and an extra Rs ten for each extra page.

"The accused can approach the police station in person or depute another person or his lawyer to collect the FIR registered against him," Bhagat said.

The FIRs on sensitive issues like terrorism, national security, rape, molestation and kidnapping for ransom will not be uploaded, he said.

The application forms for procuring the FIRs will be available at all police stations and deputy commissioners' office, he said.

The high court had observed that fair and impartial investigation is the fundamental right of an accused and he or she need not move to court in order for getting a copy of FIR and it is the duty of the police to provide it.

An accused is entitled to get a copy of the FIR at an earlier stage than as prescribed under Section 207 of the CrPC which says that accused has to move to court and it would be supplied by order of magistrate, the high court had said.

In case if police refuse to reveal the FIR, then the person can approach the police commissioner, who will form a committee to decide such cases.

Anusha stalker gets life term

Feb 1, 2011

Rajahmundry, Jan. 31: Matta Rajesh, who murdered the parents of the girl he was stalking in 2009, was convicted to two life terms on Monday.

Infuriated that Ms Anusha had rejected his advances, Rajesh broke into their house on the night of September 17, 2009, and stabbed her in the neck. He then stabbed to death her parents, Narla Srinivasa Rao and Satyavathi, who tried to rescue their daughter. Apart from the two life sentences for the murder of Srinivas Rao and Satyavathi, Rajesh was also sentenced to two years for the attack on Anusha. The family court judge-cum-additional district judge, Mr R. Niranjan, said the sentences would run concurrently. The verdict came after the judge heard 28 witnesses.

Hearing the judgement, Ms Anusha broke down and said that Rajesh should have been given more severe punishment. “I and my sisters Prasanna and Nanidini are living in constant fear. We don’t know when we will be attacked by the supporters of Rajesh.” She said the prosecution would appeal to the HC for death penalty.

“I wish nobody suffers the agony I am undergoing . The punishment that he should be given should serve as deterrent to all others who intended to commit similar crimes,” she said. Given an opportunity to enter his plea before the verdict, Rajesh said he should be given less severe punishment in view of his young age.

 

(Video) Corruption In India 2010 & Before [Save India From Corruption]

NHRC orders Rs 4 lakh relief for police excesses

More Police Brutality, lets call it what it is, this pure and simple violation of basic human rights, this time someone took the measure to put them up to task and took decisive measures.  These are the things Police do in underdeveloped nations where the police expect bribes, unfortunately India still has not evolved. 


Jan 28, 2011

After battling for eight-and-a half years, a couple who had been beaten and tortured by the police, finally got a favorable ruling from the National Human Rights Commission, which directed the state government to pay an immediate interim relief of Rs 2 lakh each to the couple.

Ms Haritha and Mr Qadir had got married in 2000 and soon after, fearing opposition to the inter-religion marriage, Ms Haritha’s grandfather, Mr Ramulu, had sent them to his friend, Mr Krishnaiah, who was the chairman of Flytech Aviation Academy.

The couple begun living in a flat at Mayurmarg in Begumpet. Their trouble began when the CBI raided Flytech Aviation Academy and Sigma Online, belonging to Mr Krishnaiah, who escaped the CBI net and came to them for shelter.

The couple said that on August 9, 2002, when Mr Krishnaiah had left, the then IG, Special Protection Force, Ms Tejdeep Kaur Menon, arrived at their flat and tortured them to find about Mr Krishnaiah’s whereabouts.

“We were beaten badly up and left on the road. We complained to the Begumpet police and filed a petition with the NHRC but there was no action. The police could do nothing as she (Ms Menon) filed a quash petition in High Court getting stay orders against her arrest and filing of chargesheet,”' said Ms Haritha.

“They tortured me in every way. They occupied my flat and took away my certificates, clothes and all my property. They tried to falsely implicate me and tried to kidnap me two-and-half years ago but I was saved by the media,” Ms Haritha added.

The NHRC on Thursday directed the state government to pay an immediate interim relief of `4 lakh to the couple. "The state government asked us to pay the money from the funds available with us. We will hand over the money to the couple on Friday morning,” said the DGP, Mr Aravinda Rao.

Following Ms Haritha’s complaints, the NHRC instituted an inquiry by an IG-level officer and found that gross injustice had been meted out to Ms Haritha. It may be noted that the quash petition filed by Ms Tejdeep Kaur Menon four-and-a half years ago was disposed of 10 days ago and a copy of the order was received by the joint director CID.

Ms Tejdeep Kaur Menon who is currently additional DGP (Sports) couldn’t be contacted.

 

Pregnant girl 'killed' by dad for 'honour'

Jan 24, 2011

NALGONDA: In a case of honour killing, tribal parents allegedly murdered their 16-year-old daughter after they came to know about her pregnancy out of wedlock.

This shocking incident took place in the hillocks of Guvvalagutta village in Chandampeta mandal in the Agency area of Nalgonda district on Sunday.

Ramavath Sharada died of excessive bleeding after her father Ramavath Harya Naik allegedly slashed her stomach with a sharp knife. Writhing in severe pain, the girl breathed her last.

To hush up the matter, Naik buried both Sharada and the five-month-old foetus. Naik is a small agriculturist in the village in the Nallamala forest range, located 85 km from the district headquarters.

The issue came to light in the evening after relatives questioned about the whereabouts of the girl. A sobbing mother Ramavath Chinni spilled the beans, while Naik is absconding.

Earlier in the day, Sharada had complained of severe stomach pain. Her parents took her to Devarakonda government hospital where doctors confirmed that it was pregnancy-related pain. Sources said Naik pleaded with the doctors to terminate the pregnancy but they refused.

On their way back, Naik had a huge fight with his daughter and beat her up 'for bringing disrepute' to the family. "Seething with rage, the accused cut her stomach with a knife leading to her death," sources said. Naik had reportedly taken a knife along when they left for the hospital.

Sources said Sharada's pregnancy was also mired in mystery. While some said she developed intimacy with a village youth, locals said she was allegedly raped by three youths six months ago.

While police have filed a case against the accused parents, a manhunt has been launched to nab Naik. Sources said the foetus and Sharada's body would be exhumed on Monday.

Last year, a tribal youth and a girl were bludgeoned to death by their families and later their bodies dumped in a stream in Haliya mandal for having married against their wishes.

Source:TOI

Housewife burnt alive for dowry

Jan 25, 2011


HYDERABAD: A 25-year-old housewife, T Rani, was burnt alive allegedly by her husband and in-laws for additional dowry at her house in Jeedimetla on Monday.

According to Jeedimetla police, Rani had married T Balaraju, a casual worker with BHEL, five years ago. Rani's parents reportedly gave nine tolas of gold and a two-wheeler as dowry at the time of the marriage.

Balaraju's family members T Narsamma and Mallaiah were harassing Rani for additional dowry and this led to quarrels between the couple. As a result, Rani had been staying with her parents for some time, Jeedimetla inspector A Sanjeeva Rao said.

On Monday at around 8.30 am, she along with her two children returned to her in-laws house. Locals informed the police that a burnt body was lying in the house of Balaraju.

Rani was badly burnt and died on spot. She might have been set ablaze between 9 am and 12 noon, the inspector said.

Rani's father D Balaraju lodged a complaint with the police stating that his daughter's in-laws were responsible for her death. He told police that the in-laws used to harass his daughter for additional dowry and it was for this reason Rani was staying with them. He claimed that they convinced Rani to return to her husband's house, assuring her that they would settle the matter soon.

"We suspect the role of Rani's husband and her in-laws, who are absconding, in the murder," the inspector added. Police registered a case under section 304 (murder) against them. 

Source: TOI

Now, warrant must for arrest

Jan 24, 2011

HYDERABAD: Along with the advent of new year, 2011, a strange thing happened in Nampally court in the first week of January. When Hyderabad city police did a routine job of producing a youth in court on charges of petty theft, his lawyer K Surender told the court that the arrest of his client was illegal as it was against the provisions of a newly-amended CrPC Act-2008 that came into force at the end of 2010.

The cause he showed for this was that the police did not obtain an arrest warrant from the court prior to the arrest as mandated by the new law. The magistrate verified with the circular available with him that was sent to him by the AP High Court and found that what the counsel said was right and let the accused off then and there itself.

On Saturday, when several TV channels began beaming stories about the new law and also certain incorrect notions about the new law, the DGP office issued a press note clarifying that the CrPC Amendment Act had not made any provisions for release of arrested persons on bail. It only stipulated that the police officers have to give sufficient reason while requesting for remand of the arrested persons, the note said, acknowledging the fact that they have to go by the new law now onwards.

To put it in simple terms, police cannot straightaway arrest people in offences like cheating, theft, forgery, etc., which are punishable up to seven years of imprisonment only. They have to convince a court and obtain a warrant of arrest to do so. Prior to that they have to issue a notice of appearance before the police to the accused. If the accused fails to comply with the notice, then he is liable for arrest. But then, the police officer has to identify himself clearly and get an arrest memo countersigned by one of the relatives of the accused before making such an arrest.

The amended Act also gives several rights to the arrested person like having an opportunity of meeting a lawyer of his choice during interrogation, though not throughout the interrogation. These and many new provisions have been brought into force now.

Speaking to TOI on the new law, state public prosecutor Vinod Kumar Deshpande described this Act as a new piece of legislation that prevents illegal detentions. The provisions incorporated in Sections 41 A, 41B, 41C, and 41 D of the Act give relief both to the people and to the police also. Apart from providing several protections to the personal liberty of a citizen, the new law also prevents unwarranted criticism against upright police officers who go strictly by the rule book, the PP said.

Moreover, the state has to now set up a police control room in every district and has to display the names of the arrested, the names of those police officials who effected these arrests and the details of the cases, Deshpande said.

This new law will also prevent third degree methods because it is now mandatory for the police to get the accused examined by a government doctor immediately after the arrest, he said. This will help the accused in two ways. The doctor's version will carry the date of his arrest and the condition of the body of the accused after the arrest. This way there cannot be any delays in producing the accused in the court, he said.

Source: TOI

Teen gang-rape victim in Calif. settles for $4M

Jan 22, 2011

RICHMOND, Calif. – Attorneys say a teenage girl who was gang-raped outside a Northern California high school reached a $4 million settlement with the school district.

The value of the deal in the civil claim against the West Contra Costa Unified School District was revealed this week. It was approved by a judge in November, but its terms were not previously disclosed.

The girl's attorney, Richard Schoenberger, says district officials agreed that it was not in the girl's best interest to endure depositions or a civil trial.

The Contra Costa Times reports that only $100,000 of the amount is coming from the school district. The rest is covered by a joint powers authority of which the district is a member.

Six people have pleaded not guilty to charges stemming from the October 2009 rape, which occurred during the Richmond High School homecoming dance.

Source: Yahoo news