what should a girl get if she falsly accuse someone of raping her?

@agrim94 (3805)
India
April 25, 2009 11:54pm CST
In India we have very strict laws against rape and if a girl accuse someone of raping her then that man is put in jail with no provision of any bail. It is on the boy to prove he is innocent and not on the girl to prove that he is the one who raped her. And by the time boy proves himself innocent, everyone knows him as rapist. His family looses face, his job gone, his girl runs away from him and everyone is looking at him with hate. So now this law is more and more used by girls to settle scores with the guys these days, even if some guy refuses to marry some girl or to even settle scores in family enmity. if you were a JUDGE what sentence would you give to a girl who knowingly falsely accuse someone of rape ?
6 people like this
17 responses
@celticeagle (190127)
• Boise, Idaho
26 Apr 09
I thnk that accusing someone falsely is as bad if not worse than the act itself. I think the woman should have very harsh circumstances. To toy with another dignity and freedom is not something to be taken lightly. Especially ,like you say, the outcome for the man is so bad. It takes alot of nerve to address this to begin with why in the world would a woman lie about it?
1 person likes this
@celticeagle (190127)
• Boise, Idaho
27 Apr 09
Oh, I am not near as innocent as you may percieve. I am stating the basics. No matter what the scenario I still stand by what I said.
1 person likes this
@agrim94 (3805)
• India
27 Apr 09
:) ur so innocent celticeagle, girls use this thing to settle scores, like a guy is going out with a girl, she wants marriage, he doesnt, rape case, and then compromise on marriage... u r sis in law of a say X and ur husband Y and his brother has property dispute , rape case.. ur brother fought with a guy and that guy beat him up , ur brother though may be wrong to pick a fight, but not strong enough rape case. Ur husband/brother beat someone and hurt grievously and ur sure ur brother/husband would go jail for years if the beaten man wont take back the case..then u slam a rape case.. or simply to extract money from rich guys..things can be countless.
2 people like this
• United States
26 Apr 09
if it can be 100% proven without a doubt she lied- jail,a fine,and a very public apology to the man and his family (if he has one). you should never claim a false charge like that,it destroys people.
1 person likes this
• United States
28 Apr 09
well..here for the most part if it's not conclusive they let the men go,they really can't hold them.but same as there,the reputation is already destroyed for the guy. it's just awful if they're innocent.
1 person likes this
@agrim94 (3805)
• India
27 Apr 09
but my real question is if it cant be 100% proven he raped yet he is thrown in jail as he cant prove his innocence and even if he proved it after two years in jail his life is gone.
1 person likes this
@us2owls (1681)
• United States
27 Apr 09
The girl should be treated like the boy - named and shamed and if she is found guilty of lying then she should receive a prison sentence. If something like this was made law then girls would be less likely to falsely accuse a boy of rape.
@agrim94 (3805)
• India
29 Apr 09
Yes you are right us2owls and if you are an Indian you know police here..how bad they treat persons, all they need to know is someone has done something and they would arrest him and beat him blue and black, put him in handcuffs and jail him without even proper inquiry.
• United States
26 Apr 09
I think, if they KNOWINGLY falsely accused someone of rape, they should make a formal apology to the person and their family for putting them through that and then do some community service or some sort of probation. I know a lot of girls who've done that more than once.
1 person likes this
@sanuanu (11235)
• India
26 Apr 09
No law can be said a full proof. This law has been made due to the fact that rapist were finding it easy getting bail in past so, this law has been made but I doubt if the real cirminals get any punishments in their life! I would ask girls herself this question as what they want to do with a girl who is abusing the most powerful law against them being a victim of rape!
@agrim94 (3805)
• India
27 Apr 09
Yes but it is misused a lot and lot and since rape and molestation has same punishment so more and more girls are going for molestation accusation so their image is also not tarnished and they get revenge too.
2 people like this
@sanuanu (11235)
• India
27 Apr 09
This is really sad as they do'nt know that men still rule in Government and they are looking to get a chance to remove this law and get a door open for person who is looking to rape girls often. If the law is there, one must respect it, be it a girl or a man!
1 person likes this
@bing28 (3795)
• Philippines
27 Apr 09
I just don't understand why girld would do such false accusation. Here in our country, the girls sometimes even truly raped would just keep silent to avoid humilliation. Others would just settle to marry their rapist just to avoid trouble. Though most of the women now are brave enough to fight for justice once truly raped.
@agrim94 (3805)
• India
27 Apr 09
well real rapes are hardly reported here too hardly 4 or 5% . but i m talking about the cases which are not real. And they are done here ..try to read my comments to other persons who have responded here and you would get the answer.
@winterose (39887)
• Canada
29 Apr 09
any person who falsely accuses someone of raping her should be jailed, that is just not right and can ruin his life for ever, but there has to be proof in court as well, they just don't accept that would out proof and rape is very hard to prove, so chances are the boy is guilty and even then he gets off and the raped girl never gets justice.
@agrim94 (3805)
• India
29 Apr 09
:) well in India girl dont have to prove she is raped. it is the boy who has to prove that he is innocent which is even harder to prove than proving rape and innocent people go behind bar with his and his family repution gone for ever, his family life finished, his job gone and no one in society talking to him and getting job after coming out of jail after 7 years are nil.
@moondancer (7431)
• United States
26 Apr 09
She must publically acclaim his innocence and then make up for all the wrong he had to endure. His lost job, she must go to his boss and acclaim him not a rapist!! She must put in the local paper her wrong doings. And she must go to jail for falsely accusing him of rape. That's what happens here in the US, the girl or person is guilty of false accusation and has to go to jail.
1 person likes this
@agrim94 (3805)
• India
27 Apr 09
well this doesnt happen here and if any guy usually comes out of jail comes out because he has somehow been able to compromise with girl and girl taking her case back. but if anyone takes case back then she should go to jail, her and her husbands/fathers property sold off to pay for the mental and physical torture guy had to go through and for defamation.
1 person likes this
@sid556 (30953)
• United States
26 Apr 09
I'm not sure what the right punishment would be. Perhaps to be on national tv and air a public appology and make it clear that she falsly accused this guy as well as to write a public appology to be put on the front page in the local paper. she should also pay for all the court costs as well as lost time the guy lost from work due to this as well as his legal fees. Jail time or a simple fine is not enough altho maybe that should be part of it. They girl that cries rape not only hurts the guy for life....she also makes it more difficult for other women that are really raped. The punishment needs to be harsh and fit the crime.
@sid556 (30953)
• United States
27 Apr 09
Yes she should do some jail time also. I agree.
@agrim94 (3805)
• India
27 Apr 09
Thanks sid thats a nice punishment but public memory is short and they would forget about it , i would want the girl be in jail atleast 7 years, a term which rapist has to go through.
• United States
26 Apr 09
ware I'm from, the girl basically has to prove that she was raped. Mostly there has to be evidence that she has been raped. I think if they prove that the woman was lying, then she should serve the same amount of time in prison as the man would have had to serve.
@agrim94 (3805)
• India
27 Apr 09
i think so she should get it this much but also she should have her and her husbands/fathers property sold off to pay the guy for the mental, physical harassment as well as for the defamation.
1 person likes this
@jshekhar (1562)
• India
26 Apr 09
Hello friend, I'm from Delhi and I really didn't know this. It is really a biased rule and I hope girls don't start using this as a weapon against guys they want to take revenge from. Still, I do not think it is going to be easy for a girl to do this because her image will also be tarnished a bit in the society.
1 person likes this
@agrim94 (3805)
• India
27 Apr 09
But it is being used by girls a lot and even Renuka Chaudhary the minister who would always be talking about women had said last year that she would want the law changed as more than 70% of rape and dowry cases are false
@asweetie (1187)
• India
26 Apr 09
Rape victim just dont get raped physically but also she gets raped mentally and emotionally too.. she would wake up in midnights dreaming she is being raped again, she would wash her body 1000s of times a day and yet she would feel dirty. And no one comes forward to help her and all the rapist were being released because there were not enough evidence, if there were witness how many rapes are possible and the lawyers were asking all sort of questions from the victim like when he was raping you , where were his hands on ur body or how big his weapon was and things like this which were more to embarrass the girl rather than cross examining her. Keeping all this in mind , and the public outcry against soft laws on rape post movie Insaf Ka Taraju, the Rajiv Gandhi Govt made this law for the betterment of females and yes it is now misused in 90% of cases, since you know what happens esp in villages if they get caught it becomes rape if not caught it is fun , also girls aew misusing it let right and center and so much so that there was demand from a section of society to go back to old law where a girl has to prove her rape by a particular man. I would hang those girls and anyone who conspire with them, simply because they make fun of such a good law and give bad names to us girls then the rapist, now public start thinking may be this guy is innocent and girl is misusing the law and public as well as judicial sympathy is with rapist.
1 person likes this
@agrim94 (3805)
• India
27 Apr 09
you are very right sweetie and i think the girls have started loosing the oublic sympathy as more and more news of false rape cases registered are coming in. it is for betterment of girls that they dont put on false cases and not use this law to take revenge or extract money.. i have seen many Medico legal cases here and in 80% cases ( esp villagers) if you talk to girl alone taking her in to confidence she tells that yes it was done with her consent but now they have been caught doing it so she had to scream rape.
1 person likes this
@Archie0 (5654)
26 Apr 09
I think this is a very bad act by the girl.well i am an indian too, not many times i saw this but yes i have seen such cases. if i was a judge i would like to give the girl the similar treatment a boy would get when he rapes a girl. a girl can do cheap acts like this when she is not well cultured and the same goes to a boy too. the punishment must be equal whether its a boy or a girl.
1 person likes this
@agrim94 (3805)
• India
27 Apr 09
hi archie, i hope you too have read about such cases and as you are from India, you must be knowing in 90% cases of dowry this law is misused to get maximum from guy side and same way this law is misused and she should not only get punishment of 7 years but also pay for the cost of litigation, mental harassment and physical harassment and the money guy and family lost as he didnt work for so much time and then defamation case too
1 person likes this
@smelz23 (190)
• Philippines
26 Apr 09
The girl also should be punished of misconduct and or Must pay the damage has been done to someone she accused.
1 person likes this
@agrim94 (3805)
• India
27 Apr 09
thx for the response smelz, yes she should pay atleast this much including defamation case.
@Bionicman (3958)
• Czech Republic
27 Apr 09
I don't know, it really depends on a lot of thing. Like was she raped or did she made that up? Did she really strongly believed that was the guy who raped her? Even if he proved himself innocent on the court, is there any chance he was in fact guilty? If she made it up just to settle the score with the guy, I would sent her to jail and hoped she'll get raped for real this time.
@agrim94 (3805)
• India
27 Apr 09
:) that would be something getting her raped in jail time and again by criminals.. but that a civil society can not allow. but thats a thought nice enough to get false accusations out of window.
1 person likes this
@manunulat (604)
• Philippines
28 Apr 09
Rape is a very sensitive case but basing from your accounts I guess the law is one-sided. I don't have even any idea on how a guy would prove his innocence with that effect and the society seems to be the judge in any manner. I just could not imagine if "media" will cover this and what if guy is really innocent? In my country, rape is defined with the element of "force", (the accused is always viewed as the aggressor - which case he may also use devices that make him or her (since a woman may also be charged with rape but rare case) the stronger one). It has also defined that "anything" inserted (regardless of the human organ) with that force, is attributed with that case. A supposed victim must be able to present the evidence (strong evidence is supported by medical proof that she or he was threatened, hurt, and some physical exams as well as laboratory examinations). and the accused can always counter-act that. Witnesses may also solidify the case. Rape within marriage may also happen so our laws in here is protective of women. Yet, we share some similar behaviors in how the society reacts to it. Yet, a woman proving that she has been raped may have a very weak case if she has not reported the case in time, and that evidences are not in tact and credibility of witnesses are not solidified... All these elements are important. It is sad if that system is used by girls to set-up a guy to settle a marriage or anything that has to do with family matters. Yet, it sounds unfair to qualify that it is a predominant situation in your community. I think, your society needs to deal much on the study of "rape" and revising policies/laws to it. However, this is tough for Indian society who is conservative in nature. I have Indian friends and they think, it does have something to do with a lot of factors that has something to do with sexuality, changing dating patterns and so forth. If I am the judge, I think both subjects needs to be cross-examined. (the accuser and the accused). There should be a fair trial.
@VANILLAREY (1470)
• India
28 Apr 09
In India the girl will also loose her dignity if she claimed to be raped. So there won't be many girls who would falsely accuse a man of rape. Unless the girl is shameless and has evil intentions. Beofre framing a law people don't think if it could be misused. And what effect it has on the victim. If I were a judge, and I would be satisfied that there no rape, I would sentence - 1]minimum two months imprisonment or the months spent by victim in jail, whichever is higher. 2]Public apology 3]Fine of Rs.20,000 If there was rape but there was no sufficient proof against the accused then there won't be any penalty against the girl.