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A Detailed Look at False Sexual Assault Allegations

WHY WOULD SHE MAKE IT UP?

The idea of a false sexual assault allegation is a difficult topic and requires deep analysis.

False allegations have been topical and have received media attention in the United States. The false gang rape allegation at the University of Virginia is one example.

One common issue a criminal defence lawyer encounters is the question, “Why would she make this up?” [A note on gender: Currently, it is more common for a woman to complain of sexual assault and for a man to be charged, therefore this article will use those common pronouns, however, it is important to note that a male can be a complainant/alleged victim and a woman charged for the offence and the same is true for anyone using they/them pronouns.]

HOW MANY RAPE ALLEGATIONS ARE FALSE?

No one agrees on the percentage of rape allegations that prove to be false, but estimates range from 2 to 10 percent according to the National Sexual Violence Resource Center.

INNOCENT MEN AND RAPE CHARGES

It is difficult for some people to believe that the lives of most accused are not irreversibly damaged when falsely accused of rape due to the severe penalties and stigmas attached to such a crime. The Canadian Registry of Wrongful Convictions highlights cases where an accused was convicted but the crime was imagined. They report 1 in 3 in the registry of wrongful convictions was for a crime that never happened.

Another difficulty is that law enforcement currently has little discretion in sexual assault cases. It is very common for a complainant to make an accusation and for the police to pursue charges. Very little investigation is done to search for the truth. It is typical for the complainant to make a statement and if it is a recent occurrence for a sexual assault examination to be conducted. In these types of cases, the only evidence in the prosecution will be the complainant and potentially the sexual assault examination/nurse/doctor. Police do little if nothing to find evidence to exonerate the accused. For example, if time and location is of issue, surveillance video could be obtained but often times it is not. By the time the defence lawyer learns of this issue, the surveillance footage may be lost.

WHAT ARE THE REASONS FOR FALSE REPORTS?

One academic study identified teenage girls as the most likely source of a false rape allegation. Teenage girls often make these allegations to avoid getting into trouble with their parents. Additionally, half of the sexual assault complaints are initiated by a person other than the alleged victim. In many cases, parents or persons in authority over the teenager make the initial complaint.

False memories are another reason for false reports. It is not uncommon for a person to truly believe he or she was a victim of sexual assault based on a false memory. Memories are often relied on in sexual assault investigations and prosecutions. In Canada, there is no statute of limitations for sexual assault offences. This means that when someone reports a sexual assault occurred years and years ago, it is referred to as a historical sexual assault. In these cases, it is typical that the only evidence tendered in court is viva voce or live testimony of the complainant and any other witnesses. This is why memories are often relied on in court as evidence.

However, memory fades with time. Memories can be impacted by the brain and subsequent events. According to Psychology Today, false memories can be created by the brain. This means a memory can look and feel real to a person. This can convince them into believing it is a factual recollection of a real event. Children who are the subject of a historical sexual assault complaint may have been manipulated by an adult to believe that the sexual assault occurred. The brain does not fully develop until the mid to late 20’s. Therefore, children may be more vulnerable or susceptible to a false memory.

WHAT IS THE MOTIVATION?

False accusers make and purse false claims of sexual assault for different reasons.

The main motivations for false sexual assault allegations include:

• Personal Gain – Accusers who make false rape reports are similar in personality to individuals that purposely slip and fall in a public place to file a lawsuit. This type of false rape accuser often claims a sexual assault on government property or by a government employee.
• Mental Illness – People who have severe mental illness have been known to allege instances of rape that never took place. The Canadian Registry of Wrongful Convictions refers to these as imagined crimes.
• Revenge – Another common motive for false rape accusations is revenge. The potential reasons for these revenge accusations are endless. One example includes a teenager daughter who was mad at her mother, reported a false allegation to the police against the mother’s common-law partner.
• To Create an Alibi – In some cases, the complainant is in a place, location or situation she doesn’t want anyone to know about. Therefore, when caught, she makes a false allegation of sexual assault.
• To Generate Sympathy – In some cases, complainants crave, need or desire sympathy. Vast resources are in place for alleged victims of sexual assault.
• To Draw Attention to themselves – Resources and victims services units are in place to assist alleged victims. They are supported through counselling, referrals for resources and supports throughout the court process. They are also eligible for funding through the Victims of Crime Assistance Program.
• To Deny a Consensual Sexual Encounter – This is a common reason for false sexual assault allegations. Typically, these include an encounter arranged via a social media platform or dating app. In some instances, the two parties engage in sexual contact. After the fact, the complainant has decided she regrets the encounter and pursues sexual assault allegations. This protects her from her regretful decision and it protects her if she is in a relationship.
• To Gain Leverage in a Custody or Divorce Proceeding – In these cases, typically the relationship has been unstable for a period of time. Either the complainant or a daughter of the complainant makes up the accusation. In these cases, typically affidavit evidence is collected and used in family law proceedings and emergency protection hearings. In these cases, it is critical that the criminal defence lawyer and family law lawyer work together.

If you have been charged with a criminal offence based on a false accusation, you need a serious lawyer who defends these serious allegations. Contact the lawyers at Alberta Legal today.