If someone is falsely accused of a very serious crime and ends up in
prison for something they did not do and find themselves being abused
and having urine thrown over them and they and their family are forced
to endure all the stress and shame that goes with all that - then you
would have thought that there would be general agreement that this is a
very serious matter and that the perpetrator would be punished
appropriately.
However - people seem to take a very different view if the accuser is a women and the false accusation is one of rape.
Rhiannon
Brooker - a trainee barrister - made a series of allegations of being
raped and beaten by her boyfriend Paul Fensome which caused him to be
imprisoned for 36 days during which time he was abused and assaulted.
Mr
Fensome was able to provide firm alibis and Ms Brooker was subsequently
charged with perverting the course of justice - an offence so serious
it carries a maximum sentence of life in prison and she was finally
sentenced to three and half years in prison. The Solicitor General,
Robert Buckland, asked the Court of Appeal to increase the sentence -
which they declined to do.
Quoted in the Guardian - the shadow
Attorney General, Emily Thornberry, said she was surprised the Solicitor
General had considered the sentence unduly lenient and argued that the
government's priority ought to be ensuring more rapists were
successfully prosecuted.
She said: "Ms Brooker, a mother with a
young child, received a custodial sentence of over three years for a
non-violent offence. The court of appeal considered that there was
nothing wrong with the sentence." She went onto say "I think the
priority of the law officers should be to address the widening gulf
between the soaring numbers of rape allegations made to the police and
the dwindling proportion that ever get prosecuted."
The support
group Women Against Rape also criticised the Solicitor General for
seeking an even longer sentence. They argue that women should not be
prosecuted for perverting the cause of justice - that if they are they
should remain anonymous - that any prosecution will put off women coming
forward with real allegations and that Ms Brooker is innocent anyway.
It is a subjective judgement after all as to how long a person should
spend in prison and perhaps three and half years was enough but some
people take the argument further and argue that women should not be
prosecuted at all in these circumstances.
Their central argument
seems to be that false allegations should be ignored because they would
tend to feed a myth that many women make false allegations and that
punishing a women who makes a false allegation would put other women off
reporting real allegations.
It is worth noting that Lord Jeffery
Archer was sentenced to four years - and his false testimony did not
lead to anyone going to prison accused of a very serious offence.
I am sure that many rapes go unreported and that women fear they will
not be believed I am fairly sure that some women are not actually
believed when making genuine allegations and that is an injustice.
I also think women suffer from gender discrimination at many levels of
society - in the work place - in the media and in the criminal justice
system. Women suffer from misogyny and abuse from anonymous people on
the internet for doing no more than expressing their views. Young women
seem to suffer from what is misleadingly called a 'lad culture' in
universities when it should really be called an abuse culture. More
needs to be done to protect women who are victims of such crimes and the
criminal justice system needs to get better at it.
I think all
this is true - but I don't think that that injustice means it is right
to deny men justice when they suffer imprisonment and disgrace for
something they did not do.
Emily Thornberry described the offence as a non-violent one - well yes
in the sense that Ms Brooker did not use actual violence - but I would
say 36 days in prison accused of a very serious sexual offence was much
worse than many things the law regards as violent. As for government
priorities - what about justice for everyone including men? Emily
Thornberry may be the next Attorney General and so will have a good deal
of influence on policy matters and so we should note what she says
about these matters.
It is almost as if the various critics of this prosecution and appeal
think it means nothing for a man to go to prison and to face that level
of disgrace for something he did not do.
Men who commit rape and
abuse and harass women should be brought to court and should receive a
punishment that fits the crime. Police officers and prosecutors who are
so stupid and bigoted that they assume women are always making up rape
allegations should lose their jobs but none of this means that few that
do make false allegations should escape justice if they lie and have
someone sent to prison for something they did not do.
Women deserve justice and the law often does not serve them well but
justice should be blind and men deserve its protection as well.
http://www.huffingtonpost.co.uk/bob-morgan/men-falsely-accused-of-ra_b_5931630.html
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