Tag Archives: Divorce Courts

News

Should women be able to profit from false rape accusations?

13 Comments

Here’s an interesting story. (H/T Stuart Schneiderman)

Excerpt:

Now that Brian Banks has been exonerated of a rape conviction that put him in prison for five years, the one-time prep football star has a message for NFL coaches: Give him a chance.

[…]t was the plan he left outside a prison door when he pleaded no contest to a childhood friend’s false accusation of rape in 2002, a claim she has now recanted.

The hearing that changed Banks’ life took only minutes. Los Angeles Deputy District Attorney Brentford Ferreira said his office conceded the case should be dismissed. Superior Court Judge Mark C. Kim concurred and quickly announced it was over.

One of his first moves was to report to the probation office to have the electronic monitoring ankle bracelet removed — a felon no longer.

Banks said he is ready to move forward and is trying not to be angry.

“I couldn’t ask for more today,” he told reporters after Thursday’s hearing. “But there is always the question of why did it have to happen in the first place? Why wasn’t I heard with the truth of what happened when I was 16?”

Even after he was released from prison, he could not get work because he was a registered sex offender and had a felony record.

Before the charges, Banks was a star middle linebacker at Long Beach Polytechnic High School and was attracting interest from college football powerhouses as the University of Southern California, Ohio State University and the University of Michigan, according to the website Rivals.com, which tracks the recruiting of high school football and basketball players.

He verbally agreed to a full scholarship at USC.

Then, a teenage girl he had known since childhood claimed he had raped her. He was arrested and, on advice of counsel, pleaded no contest to rape and an enhancement of kidnapping in order to avoid a possible life sentence if tried by a jury.

[…]The key, said Brooks, was the woman’s admission she had lied. And it came out of the blue.

After serving five years and two months in prison, Banks was released, and a strange thing happened. Wanetta Gibson, the woman who claimed he had attacked her on the high school campus when she was 15, contacted him on Facebook and asked to meet with him.

He recalled being stunned. “I thought maybe it wasn’t real. How could she be contacting me?”

He said he knew that if he became angry when he met with her it wouldn’t help, so he struggled to keep calm.

“I stopped what I was doing and got down on my knees and prayed to God to help me play my cards right,” he said.

In two meetings, she said she had lied and offered to help him clear his name, but there was a catch. She did not want to return a $1.5 million payment from a civil suit brought by her mother against the Long Beach schools.

She refused to repeat her new story to prosecutors but they accepted the account which had been secretly videotaped by the defense.

It was uncertain whether Gibson will have to return the money and unlikely she would be prosecuted for making the false accusation so long ago.

How common are these false rape accusations, though?

Studies show about 40-50 percent of rape accusations are false

False accusations of rape or sexual assault are commonly used by women to get attention and sympathy, or to get an alibi when they’ve done something wrong, or to get revenge on someone.

Here’s a Fox News article from a prominent equity feminist, Wendy McElroy.

Excerpt:

“Forty-one percent of all reports are false.”

This claim comes from a study conducted by Eugene J. Kanin of Purdue University. Kanin examined 109 rape complaints registered in a Midwestern city from 1978 to 1987.

Of these, 45 were ultimately classified by the police as “false.” Also based on police records, Kanin determined that 50 percent of the rapes reported at two major universities were “false.”

Although Kanin offers solid research, I would need to see more studies with different populations before accepting the figure of 50 percent as prevalent; to me, the figure seems high.

But even a skeptic like me must credit a DNA exclusion rate of 20 percent that remained constant over several years when conducted by FBI labs. This is especially true when 20 percent more were found to be questionable.

False accusations are not rare. They are common.

If you would like to get an idea of how false rape accusations are handled by the police, here is an example. Usually no charges are filed, or if charges are filed, then they get off without jail time. (But the accused men can go to jail for years, see below)

False accusations in divorce trials

False accusations of domestic violence and sexual abuse are also commonly made during divorce settlements in order to get custody of the children, and the attendant benefits.

Consider this article from Touchstone magazine, by Stephen Baskerville.

Excerpt:

Today it is not clear that we have learned anything from these miscarriages of justice. If anything, the hysteria has been institutionalized in the divorce courts, where false allegations have become routine.

What is ironic about these witch-hunts is the fact that it is easily demonstrable that the child abuse epidemic—which is very real—is almost entirely the creation of feminism and the welfare bureaucracies themselves. It is well established by scholars that an intact family is the safest place for women and children and that very little abuse takes place in married families. Child abuse overwhelmingly occurs in single-parent homes, homes from which the father has been removed. Domestic violence, too, is far more likely during or after the breakup of a marriage than among married couples.

Yet patently false accusations of both child abuse and domestic violence are rampant in divorce courts, almost always for purposes of breaking up families, securing child custody, and eliminating fathers. “With child abuse and spouse abuse you don’t have to prove anything,” the leader of a legal seminar tells divorcing mothers, according to the Chicago Tribune. “You just have to accuse.”

Among scholars and legal practitioners it is common knowledge that patently trumped-up accusations are routinely used, and virtually never punished, in divorce and custody proceedings. Elaine Epstein, president of the Massachusetts Women’s Bar Association, writes that “allegations of abuse are now used for tactical advantage” in custody cases. The Illinois Bar Journal describes how abuse accusations readily “become part of the gamesmanship of divorce.” The UMKC Law Reviewreports on a survey of judges and attorneys revealing that disregard for due process and allegations of domestic violence are used as a “litigation strategy.” In the Yale Law Review, Jeannie Suk calls domestic violence accusations a system of “state-imposed de facto divorce” and documents how courts use unsupported accusations to justify evicting Americans from their homes and children.

The multi-billion dollar abuse industry has become “an area of law mired in intellectual dishonesty and injustice” writes David Heleniak in the Rutgers Law Review. Domestic violence has become “a backwater of tautological pseudo-theory,” write Donald Dutton and Kenneth Corvo in the scholarly journal Aggression and Violent Behavior. “No other area of established social welfare, criminal justice, public health, or behavioral intervention has such weak evidence in support of mandated practice.”

I often hear men, especially men in the church, complaining that young men won’t get married because they are too busy watching porn and playing video games. But maybe the real reason is that they don’t want to be exposed to domestic violence laws and divorced courts that are waiting to separate them from their earnings. And they can already get sex for free before marriage. If the church isn’t speaking out against premarital sex (to women) and against no-fault divorce and against biased domestic violence laws, then they have no one to blame for the so-called “marriage strike” but themselves.

Domestic violence rates

Here’s a recent article in the liberal UK Guardian that summarizes the evidence.

Excerpt:

Domestic violence has traditionally been understood as a crime perpetrated by domineering men against defenceless women. Research spanning over 40 years has, however, consistently found that men and women self-report perpetrating domestic violence at similar rates. Professor John Archer from the University of Central Lancashire has conducted a number of meta-analytic reviews of these studies and found that women are as likely to use domestic violence as men, but women are twice as likely as men to be injured or killed during a domestic assault. Men still represent a substantial proportion of people who are assaulted, injured or killed by an intimate partner (50%, 30% and 25% respectively).

If the empirical research is correct in suggesting that between a quarter and half of all domestic violence victims are men, a question follows: why has women’s domestic violence towards men been unreported for so long, and what has changed in the last five years to make it more visible?

One reason may be the feminist movement. Feminism took up the cause of domestic abuse of women in the 1970s, with the world’s first women’s refuge being opened by Erin Pizzey in 1971. Feminism understood domestic violence as the natural extension of men’s patriarchal attitudes towards women, leading men to feel they had the right to control their partners, using violence if necessary. Feminists campaigned successfully to bring the issue into the public arena, thereby securing resources to establish services to help victims. This activism and advocacy led to governmental and public acceptance that “domestic violence” was synonymous with violence against women.

[…]The dual stereotypes of the violent man and passive woman have undoubtedly obscured the existence of male victims of domestic violence in the past. Men were also unlikely to view their own victimisation as either domestic violence or a criminal assault, and so were unlikely to seek help.

Large sums of money have been spent on educational campaigns to encourage female victims to seek help. Until there are similar campaigns for men, it is unlikely that the true number of male victims needing help will be known. If the current trends continue however, women may find themselves increasingly likely to be charged with domestic assault, and men more likely to be offered help and protection.

I wonder how many women believe the official feminist line on domestic violence? The raw numbers are so rarely discussed.

More domestic violence studies from multiple countries are discussed here.

Related posts

Commentary

MUST-READ: Why women today are refusing to have children

3 Comments

This article from Maclean’s magazine, (Canada’s most popular magazine), has about 400 comments right now. (H/T Andrew)

The article explains why people, especially women, are refusing to have children.The entire tone of the article is extremely narcissistic, which is exactly what I have argued follows from the denial of God. If there is no God, there are no objective moral values, no moral obligations and no human rights. The purpose of life is to have happy feelings, and to force others to give you happy feelings. Survival of the fittest.

The facts:

“Are you planning to have children?” is a question Statistics Canada has asked since 1990. In 2006, 17.1 per cent of women aged 30 to 34 said “no,” as did 18.3 per cent of men in the same category. The U.S. National Center of Health Statistics reports that the number of American women of childbearing age who define themselves as “child-free” rose sharply in the past generation: 6.2 per cent of women in 2002 between the ages of 15 and 44 reported that they don’t expect to have children in their lifetime, up from 4.9 per cent in 1982.

You might say that adults who will depend on the taxes paid by other people’s children for their retirement and health care are not just selfish and narcissistic, but also morally evil. But they don’t agree.

See, their narcissism is actually virtuous because we need to save the planet!

In a culture in which Jennifer Aniston’s childlessness provides weekly tabloid lamentations, a female star who goes public with a decision to remain so demonstrates courage. In a recent interview in U.K. Cosmopolitan, the 36-year-old actress Cameron Diaz, who is childless, expressed a disinclination to have children, citing environmental reasons: “We don’t need any more kids. We have plenty of people on this planet.”

Selfishness is morally good! And you know what else is good? Viewing children as parasites who disrupt your selfish hedonism.

Now the childless in North America have their most defiant advocate in a mother of two: Corinne Maier, a 45-year-old French psychotherapist whose manifesto, No Kids: 40 Good Reasons Not to Have Children, created a furor when published in France last year. Count on the same happening when it’s released here this week. Among Maier’s hard-won advice: “If you really want to be host to a parasite, get a gigolo.”

One woman laments the fact that you can’t abort children after they are born, in case you don’t like them.

The American author Lionel Shriver, who never wanted children, writes in “Separation From Birth” that her greatest fear “was of the ambivalence itself”: “Imagine bearing a child and then realizing, with this helpless, irrevocable little person squalling in its crib, that you’d made a mistake. Who really, in that instance, would pay the price?”

And women who choose not to have children are victims of mean, judgmental people!

Speaking from her home in Brussels, Maier says she was prompted to write No Kids by a conversation she had with two female friends in their 30s who told her they felt like social deviants because they didn’t want children. That perception is well-founded, she writes: “To be childless is considered a defect; irrevocably judged, those who just don’t want children are also the objects of pity.” But Maier believes “conscientious objectors to this fertility mythology” should be rewarded, not stigmatized. “To have a kid in a rich country is not the act of a citizen,” she writes. “The state should be helping those who decide not to have children: less unemployment, less congestion, fewer wars.”

But it goes much further:

Maier doesn’t mince words, calling labour “torture,” and breastfeeding “slavery.” The idea that children offer fulfillment is also dismantled: “Your kid will inevitably disappoint you” is reason No. 19 not to have them. Much of what she has to say won’t be breaking news to most parents: children kill desire in a marriage and can be demanding money pits. Without them, you can keep up with your friends and enjoy your independence.

Research backs Maier’s assertions. Daniel Gilbert, who holds a chair in psychology at Harvard and is the author of the 2006 best-seller Stumbling on Happiness, reports that childless marriages are far happier. He also reports researchers have found that people derive more satisfaction from eating, exercising, shopping, napping, or watching television than taking care of their kids: “Indeed, looking after the kids appears to be only slightly more pleasant than doing housework,” he writes in Stumbling on Happiness.

[…]Over-attentive focus on children saps cultural creativity, she argues: “Children are often used as an excuse for giving up on life without really trying. It takes real courage to say ‘Me first.’ ”

And look how wisely Canadian taxpayer dollars are being spent.

Ingrid Connidis, a sociologist at the University of Western Ontario and the author of Family Ties and Aging, has conducted pioneering studies among people 55 and over that distinguish between those who are childless by choice and those who are childless by circumstance. All have adapted, she says: “But the childless by choice are more content, have higher levels of well-being and are less depressed.”

And Canada also spends taxpayer money on studies (conducted by feminist academics) to demonstrate the need for polygamy. Well, what else is the Justice Department and the commission on the Status of Women supposed to do with all the money they collect from working families? Give it back to the families? Families are just going to spend their own money on beer and popcorn! What we really need is taxpayer-funded day care!

What I learned from this article

The point of this article for me is that some women (and men!) are just blundering their way through life grasping at pleasure wherever they can find it, and justifying their narcissism with a lot of lies. They don’t want to commit. They don’t want to love. They don’t want to be responsible for other people who need them. A man would have to be supremely ignorant to get married and have children in this environment.