Tag Archives: Prison

Woman recants false rape charge, freeing man after 3 years in prison

Story from CBS News. (H/T Lex Communis)

Excerpt:

A construction worker imprisoned for nearly three years was cleared by an apologetic judge on Thursday after his accuser admitted she lied about being gang raped to make her friends feel sorry for her.

William McCaffrey hugged his lawyer when state Supreme Court Justice Richard Carruthers – who’d also presided over William McCaffrey’s rape and kidnapping trial – threw out the conviction and dismissed the initial charges. DNA tests also had called the conviction into doubt.

“I’ve been waiting for this for a long time,” the soft-spoken McCaffrey said outside court. “I’m just glad it’s over.”

Biurny Peguero, then 22, originally said three men, led by McCaffrey, raped her at knifepoint after tricking her into getting into their car after a night out in 2005.

She testified at his trial and said at his 2006 sentencing that the “tragedy changed my life forever.” He got a 20-year prison term.

Defense lawyer Glenn A. Garber later persuaded prosecutors to use new technology to retest DNA samples from an apparent bite mark on Peguero’s arm.

The initial tests were inconclusive. The new ones showed the genetic material not only wasn’t McCaffrey’s but came from at least two women, apparently friends of Peguero’s who fought with her.

Peguero confessed her lie to a priest and then to authorities this year. She claimed she was raped because she wanted her friends “to feel badly” for her, and then was afraid to back down from her story as the case continued, prosecutors said in court filings this fall.

My concern about this is twofold. First, it undermines the testimony of women who really have been raped. Second, it makes men mistrustful of women so that men will think twice about forming any kind of relationship. Good women need to speak up about these injustices now… that is, unless they really don’t care that men are imprisoned on false charges of rape.

Why do women make false accusations of rape?

One recent study listed three reasons why women invent false rape accusations.

Excerpt:

A study of rape allegations in Indiana over a nine-year period revealed that over 40% were shown to be false — not merely unproven. According to the author, “These false allegations appear to serve three major functions for the complainants: providing an alibi, seeking revenge, and obtaining sympathy and attention. False rape allegations are not the consequence of a gender-linked aberration, as frequently claimed, but reflect impulsive and desperate efforts to cope with personal and social stress situations.” ( Kanin EJ. Arch Sex Behav. 1994 Feb;23(1):81-92 False rape allegations. )

In 1985, a study of 556 rape allegations found that 27% accusers recanted when faced with a polygraph (which can be ordered in the military), and independent evaluation showed a false accusation rate of 60%. (McDowell, Charles P., Ph.D. “False Allegations.” Forensic Science Digest, (publication of the U.S. Air Force Office of Special Investigations), Vol. 11, No. 4 (December 1985), p. 64.)

Please leave a comment below explaining what you think should happen to a woman like Biurny Peguero, who makes a false accusation that sends a man to prison for 3 years, because she wanted to obtain sympathy and attention. And be sure and check the links below for other false rape accusations that cover the other two common reasons for making false rape accusations.

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 Review reports 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.”

If we care about justice for all, then we have to care about this, too.

Related posts

You should read Theodore Dalrymple’s “Life At The Bottom” for free online!

That’s right. I bought the book and gave it to my Dad, because Thomas Sowell endorsed it. My Dad read this book and he loved it. I read the book and I loved it. And now my co-workers are borrowing it from me.

What’s it about? Well the author is a psychologist in a hospital that deals with a lot of criminals and victims of crime. So he gets to see the worldview of the “underclass” up close, and to understand how the policies of the compassionate secular left are really working at the street level. The theme of the book is that the left advances policies in order to feel good about themselves, even though the policies actually hurt the poor and vulnerable far more than they help them. And the solution of the elites is more of the same.

The whole book is available ONLINE for free! From City Journal!

Table of Contents

The Knife Went In 5
Goodbye, Cruel World 15
Reader, She Married Him–Alas 26
Tough Love 36
It Hurts, Therefore I Am 48
Festivity, and Menace 58
We Don’t Want No Education 68
Uncouth Chic 78
The Heart of a Heartless World 89
There’s No Damned Merit in It 102
Choosing to Fail 114
Free to Choose 124
What Is Poverty? 134
Do Sties Make Pigs? 144
Lost in the Ghetto 155
And Dying Thus Around Us Every Day 167
The Rush from Judgment 181
What Causes Crime? 195
How Criminologists Foster Crime 208
Policemen in Wonderland 221
Zero Intolerance 233
Seeing Is Not Believing 244

Lots more essays are here, all from City Journal.

My favorite passage

The only bad thing about reading it online is that you miss one of the best quotes from the introduction. But I’ll type it out for you.

The disastrous pattern of human relationships that exists in the underclass is also becoming common higher up the social scale. With increasing frequency I am consulted by nurses, who for the most part come from and were themselves traditionally members of (at least after Florence Nightingale) the respectable lower middle class, who have illegitimate children by men who first abuse and then abandon them. This abuse and later abandonment is usually all too predictable from the man’s previous history and character; but the nurses who have been treated in this way say they refrained from making a judgment about him because it is wrong to make judgments. But if they do not make a judgment about the man with whom they are going to live and by whom they are going to have a child, about what are they ever going to make a judgment?

“It just didn’t work out,” they say, the “it” in question being the relationship that they conceive of having an existence independent of the two people who form it, and that exerts an influence on their on their lives rather like an astral projection. Life is fate.

This is something I run into myself. I think that young people today prefer moral relativists as mates, because they are afraid of being judged and rejected by people who are too serious about religion and morality. The problem is that if you choose someone who doesn’t take religion and morality seriously, then you can’t rely on them to behave morally and exercise spiritual leadership when raising children.

An excerpt

Here’s one of my favorite passages from “Tough Love”, in which he describes how easily he can detect whether a particular man has violent tendencies on sight, whereas female victims of domestic violence – and even the hospital nurses – cannot or will not recognize the signs.

All the more surprising is it to me, therefore, that the nurses perceive things differently. They do not see a man’s violence in his face, his gestures, his deportment, and his bodily adornments, even though they have the same experience of the patients as I. They hear the same stories, they see the same signs, but they do not make the same judgments. What’s more, they seem never to learn; for experience—like chance, in the famous dictum of Louis Pasteur—favors only the mind prepared. And when I guess at a glance that a man is an inveterate wife beater (I use the term “wife” loosely), they are appalled at the harshness of my judgment, even when it proves right once more.

This is not a matter of merely theoretical interest to the nurses, for many of them in their private lives have themselves been the compliant victims of violent men. For example, the lover of one of the senior nurses, an attractive and lively young woman, recently held her at gunpoint and threatened her with death, after having repeatedly blacked her eye during the previous months. I met him once when he came looking for her in the hospital: he was just the kind of ferocious young egotist to whom I would give a wide berth in the broadest daylight.

Why are the nurses so reluctant to come to the most inescapable of conclusions? Their training tells them, quite rightly, that it is their duty to care for everyone without regard for personal merit or deserts; but for them, there is no difference between suspending judgment for certain restricted purposes and making no judgment at all in any circumstances whatsoever. It is as if they were more afraid of passing an adverse verdict on someone than of getting a punch in the face—a likely enough consequence, incidentally, of their failure of discernment. Since it is scarcely possible to recognize a wife beater without inwardly condemning him, it is safer not to recognize him as one in the first place.

This failure of recognition is almost universal among my violently abused women patients, but its function for them is somewhat different from what it is for the nurses. The nurses need to retain a certain positive regard for their patients in order to do their job. But for the abused women, the failure to perceive in advance the violence of their chosen men serves to absolve them of all responsibility for whatever happens thereafter, allowing them to think of themselves as victims alone rather than the victims and accomplices they are. Moreover, it licenses them to obey their impulses and whims, allowing them to suppose that sexual attractiveness is the measure of all things and that prudence in the selection of a male companion is neither possible nor desirable.

Often, their imprudence would be laughable, were it not tragic: many times in my ward I’ve watched liaisons form between an abused female patient and an abusing male patient within half an hour of their striking up an acquaintance. By now, I can often predict the formation of such a liaison—and predict that it will as certainly end in violence as that the sun will rise tomorrow.

At first, of course, my female patients deny that the violence of their men was foreseeable. But when I ask them whether they think I would have recognized it in advance, the great majority—nine out of ten—reply, yes, of course. And when asked how they think I would have done so, they enumerate precisely the factors that would have led me to that conclusion. So their blindness is willful.

Go read the rest! This is pure wisdom. And by wisdom I mean an awareness and familiarity with the objective moral that binds human action.

Book reviews

Two Iranian Christian women released from Iranian prison after 259 days

Marzieh Amirizadeh, 30, and Maryam Rustampoor, 27

Story from Christianity Today.

Excerpt:

Coming on the heels of the International Day of Prayer for the Persecuted Church (Nov. 8), Christian religious-freedom groups celebrated a victory yesterday in Iran. Marzieh Amirizadeh Esmaeilabad, 30, and Maryam Rustampoor, 27 — two Iranian converts to Christianity — were freed after being imprisoned for 259 days.

Authorities raided the women’s apartment, which contained “Christian literature,” on March 5. The women were charged with anti-state activity, spreading Christianity, and apostasy (deserting one’s faith), and were placed in Tehran’s notorious Evin prison.

In Iran, apostasy alone is punishable by execution or life in prison.

[…]While in custody, reports came that the two women endured “intense interrogations which have reportedly included sleep deprivation and other psychological pressure.” In the past, Evin in particular has been accused of denying its inmates basic rights, and both women suffered from poor health that went untreated.

Now consider this from BosNewsLife:

After a deputy prosecutor reportedly told them, “It is impossible for God to speak with humans,” Esmaeilabad apparently replied: “Are you questioning whether God is Almighty?” The prosecution was heard telling her that she is “not worthy for God” but Esmaeilabad countered: “‘It is God, and not you, who determines if I am worthy.” After they were told by a court to return to prison and think about their options, the two women were heard saying: “We have already done our thinking. If we come out of prison we want to do so with honor.”

Honor is a very important thing for Christians. To me, honor means “your reputation with God”. And Christians are expected to endure persecution at the hands of non-Christians while keeping their honor intact. But I think that the suffering and cruelty endured by these women goes above and beyond the call of duty. I hope that I will be as honorable as these women if I ever faced similar troubles. But to be honest, I don’t think I could do 1% as well as they did. This was amazing. I hope they can keep this up. So far, so good, but it must be very difficult for them.

So to show them my respect and admiration, I’m going to quote a Bible passage that describes them.

1 Corinthians 4:1-4:

1So then, men ought to regard us as servants of Christ and as those entrusted with the secret things of God.

2Now it is required that those who have been given a trust must prove faithful.

3I care very little if I am judged by you or by any human court; indeed, I do not even judge myself.

4My conscience is clear, but that does not make me innocent. It is the Lord who judges me.

One of my favorites passages in the Bible. This passage defines the attitude that Christians should have.

And here’s one more passage, because there are two of them.

Matthew 5:13-16:

13“You are the salt of the earth. But if the salt loses its saltiness, how can it be made salty again? It is no longer good for anything, except to be thrown out and trampled by men.

14“You are the light of the world. A city on a hill cannot be hidden.

15Neither do people light a lamp and put it under a bowl. Instead they put it on its stand, and it gives light to everyone in the house.

16In the same way, let your light shine before men, that they may see your good deeds and praise your Father in heaven.

The Christianity Today article is a great summary of the entire story, in case you were not following it. The article notes that the two women will have to appear in court again at some point in the future.