Rape in America: Protecting the Accused

In 2004, Kobe Bryant became a household name. Mostly known for his position within the NBA, Bryant was propelled even further into the spotlight when a young woman accused him of rape. After much intense media coverage, Bryant was eventually found not guilty. Given the accuser's background, few were surprised. It was a whirlwind trial that brought to light a very damaging picture of the accuser. Her promiscuity and emotional state weighed heavy on the verdict. Sadly, this trial represents a dilemma that plagues American society; the false accusation of rape. Though Bryant's acquittal might be viewed as a success, the reality is that justice has really not been served at all. The accuser faced no judicial punishment for making false accusations. Without some type of repercussion for this type of behavior, our justice system remains flawed.

Rape is a violent act which leaves many of its victims emotionally traumatized for years, even decades. In 2003 alone, America was witness to 93,433 forcible rape cases (US Department of Justice). Rape accounts for a major portion of violent crimes committed in the United States. It is a crime taken very seriously here in America with dire repercussions for the offenders. Punishment for such a heinous crime can range from a few years to a life sentence. Nowadays, with such technological advances in DNA testing and other forensic aspects, our judicial system ensures that the offender will be prosecuted. Though the system has not yet been perfected, more often than not, justice is served, at least, as far as the accuser is concerned. On the flipside, however, there seems to be an increase in a disturbing phenomenon of women making false rape accusations, with little to no repercussions.

Unfortunately, following an intense era, in which women's rights were advocated to such a length and with so much distortion as to sometimes lose sight of their original point, this new problem often falls on deaf ears. "In her recent Daily Journal column, high profile feminist professor Wendy Murphy dismisses the problem of false accusations as an "ugly myth," and calls for "boiling rage" activism to address what she perceives as the anti-woman bias of the criminal justice system." (Angelucci and Sacks) Murphy is one of many women who do not want to even consider the notion that women do falsely accuse men of committing rape. In many ways, one can understand their apprehension. The opposition may fear that women's rights are being threatened. However, that cannot overshadow the fact that false accusations are wrong, illegal, even. In fact, the judicial system has created at least two clear categories that such accusations could fall under; perjury and/or slander. Our society clearly has a means in which to punish these accusers, yet rarely, if ever, has anyone been prosecuted of such.

For the feminist who advocates that a false accusation is insignificant, they may want to consider how truly disrespectful a false allegation is to the woman who has ever actually been raped. These liars, who so casually and carelessly manipulate such a crime as rape for their own personal gain, disrespect our judicial system, victims, and most importantly, our society. Sadly, we have allotted them the freedom to do so, for without some formal punishment, society has implied that we tolerate it.

Not all accusations are so black and white, however. Date rape is a prime example of those lines which are very unclear. Sometimes, it is difficult to prove either guilt or innocence. For those situations, my proposal becomes highly complicated. I address this with the unfortunate reality that sometimes there must be flaws in the judicial system, for it must work for the majority at all times. On the other side, however, numerous studies have shown that often enough, women have falsely accused someone of rape. "According to a nine-year study conducted by former Purdue sociologist Eugene J. Kanin, in over 40 percent of the cases reviewed, the complainants eventually admitted that no rape had occurred (Archives of Sexual Behavior, Vol. 23, No. 1, 1994). Kanin also studied rape allegations in two large Midwestern universities and found that 50 percent of the allegations were recanted by the accuser" (Angelucci and Sacks). More often than not, these studies find that these women were usually motivated by anger and a need for revenge (Angelucci and Sacks).

One need not look far to understand that false accusations are much more common than most realize. This unfortunate phenomenon will continue to gain popularity for as long as our society allows. We must address this dilemma and impose rules to protect not only the accused, but the real victims of such a horrendous crime.