If a woman claims she was raped and can't prove it what punishment should she receive?
Best Answer:
None. Why should she be punished because she can't prove she was sexually assaulted? She may have been but sometimes it is difficult to prove beyond a shadow of a doubt. And sometimes you hold tainted juries. And to be honest, "not guilty" does not always be going to "he didn't do it"; it can also mean insufficient proof. Now if you can prove that she lied by the exact same standards used in court to declare the man not guilty, later perhaps she should be punished...but you first have to prove it! Take care.
If it's a false accusation consequently a long time in prison!!
None. Punishing a person because they can't prove a claim promotes silence.
Just because she is unable to prove that she was raped does not mean it did not crop up. It should not be up to her to prove anyway. It is the responsibility of the police department to gather evidence and turn it over to the District Attorney's Office. It then becomes the District Attorney's opportunity to prove the rape occured. If, however, the police are able to prove that she lied about the rape she can be charged with making false reports. I do not believe that any incarcerate time is the punishment for this charge. Probably a fine, costs and probation.
just because she cant prove it doesnt mean it didnt occur. now the women who cry rape and it can be PROVED that it didnt happen.....thats a different story. Fines? perhaps lock away time?
I am verbs by you question, If she goes to trial or let read aloud the prosecutions does not have enough evidence to prosecute then the grip stops and each party goes on from here. Now lets say they have aim to believe and prove that she made up the story then she might get jail time or will enjoy to undergo psychiatric evalution but it is hard to prove someone made up a story rather that their is not adequate evidence to prosecute or if it goes to trial the person who accuse only just simply walks away.
Well, first, it's not the woman's job to "prove it," it's the police and prosecutor's job. Second, not being competent to "prove it" doesn't mean it didn't happen. If it can be proven that she willfully and knowingly file a false accusation of rape, then perhaps she should enjoy to make restitution to the person she accused? But we enjoy to be careful of that - we don't want to go too far in that direction or we will deter women from making legal reports when they have been raped because they fear what will come about if there is not strong evidence to back them up.
