False Rape Accusation

Cornelius Walker comments about the problematic story of a young girl who falsely accused her father of rape, admitted her crime, and is not being tried for the offense.

 

There is nothing good about this story.

In 2001 Cassandra Kennedy was 11 and had accused her father of raping her on three occasions. Based on her testimony and that of a medical examiner, Thomas Kennedy was convicted and sentenced to over 15 years of which he served nearly ten. Now she has recanted and he has been exonerated and released from jail.

A decade of a man’s life is gone, based on the false testimony of his own child. He’s lost his family, his friends, his reputation, his trust in our judicial system, perhaps even his sense of humanity. But here’s what really caught my attention:

Baur said Cassandra Kennedy will not be prosecuted for her apparent lies about her father, partly because prosecutors do not want to discourage people in similar circumstances from coming forward.

I can understand not prosecuting her because she was 11 when she made her false allegations. It’s a tragedy, to be certain, but what good would come of jailing a woman who was clearly a troubled girl at the time? But just how many “similar circumstances” does the prosecutor think there might be? Shouldn’t that give us pause?

It is better that ten guilty persons escape than that one innocent suffer.

Blackstone’s formulation has been at the cornerstone of our jurisprudence, but this case raises a troubling question: is it truly better for ten false rape accusers to go free if it encourages one to recant and free an innocent man? Can we really trust our judicial system?

 

Photo courtesy of 826 PARANORMAL

About Cornelius Walker

In 2000 Cornelius Walker was named Ambassador of Useless Knowledge. Not one to rest on his laurels, he has since redoubled his efforts towards learning a little about everything and a lot about nothing.

Comments

  1. Yohan says:

    There are plenty of false rape allegions every day. False rape allegations are a convenient crime, if you are a woman and you like the idea to bring your father, teacher, ex-husband etc. into big troubles.
    No evidence needed, just your word as a female is enough.

    Just today in the news, link below.
    The man was lucky, he made various video and voice recordings.
    How else can you defend yourself against false rape allegations?

    http://www.dailymail.co.uk/news/article-2126070/Spurned-housewifes-rape-claim-backfires-husband-shows-police-video-having-consensual-sex.html

    A spurned housewife who claimed her husband raped her has been jailed after he showed police a video of them having consensual sex.

    Judge the Lord Parmoor said:
    ‘On the phone, far from being raped you were enjoying every minute, if I can put it so crudely.
    ‘It was perfectly clear your story was a pack of lies.’

    • Eric M. says:

      So, had he not made a video he could be serving 10 years in jail based on her word alone?

      Why did she only get nine months?

      • Samson says:

        Men have also been jailed for making CCTV videos of themselves having sex. This is illegal in most parts of the world.

        The guy is lucky she didn’t find out about the video before making the false allegation otherwise he would be going to jail for making the video.

    • Mark Neil says:

      My concern about that article has more to do with the effort at the end to justify the woman’s actions, and worst, make him the bad guy…

      “Defending counsel Katherine Duncan told the court: ‘She is full of remorse for her actions. Her marriage had broken down and she was an emotional state.

      ‘She said he had behaved in an unchivalrous way towards her and she had been hurt by this.’”

  2. Bob-O says:

    This makes me so angry that I really can’t say anything. If I was king of the world, that woman would be going to jail for exactly as long as her father did … 11 years old or not.

Trackbacks

  1. [...] if it were such a small number of rapes, there wouldn’t be so many areas of the Internet devoted to recognizing that false rape accusations, and rape culture in general, is harmful to [...]

  2. [...] course, each of these scenarios have actually happened at some point in human history. The notion that the legal system will jump to defend the woman and [...]

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