Wednesday, April 12, 2017

Remedies for False Allegations of Rape

Washington Post report on Rolling Stone settlement with U of Virginia official after false allegation of rape, and false allegation of indifference by the university to the allegation of rape.

Martha Stewart spent 5 months in prison, 5 months on house arrest, and years on probation not for insider trading, but for lying about not receiving a phone call, to FBI agents, at her home, in an informal interview, not under oath.

All false allegations of rape should result in the same charge and sentencing. All false allegations should result in tort liability of the false accuser, of any newspaper reprinting the false allegations, and of any police or prosecutorial agency, falsely prosecuting such allegations.

Once the false accuser is convicted, the tort liability should be automatic. The sole question for any tribunal should be the value of any damage to the falsely accused.


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