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False accusation

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Zero Tolerance for False Allegations
Beware of False Claims

False accusation ...

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Introduction

There are individual false accusations (see: false accusation (cases)) and social false accusations: feminists invent high number of victims and want to prefer to consider all men collectively guilty (in the U.S. one in three women are said to have been raped at least once in their lives - in truth it is closer to one in eight).[1]

The phenomenon of false rape allegations is an ultimate feminist taboo; indeed, leading feminist legal theorist Catharine MacKinnon has stated that "feminism is built on believing women's accounts of sexual use and abuse by men." In some instances of political correctness run amok at universities, students and professors have been accused of "harassment" for so much as raising the possibility of false accusations in class or in online discussions.[2]

False accusation (mostly against men) for offenses such as sexual abuse, rape and domestic violence is an extremely concerning problem because it pollutes the politic and can ruin the individual.[3] Events of false accusation should be consistently prosecuted at law and punished, so that deterrence is strengthened. As closely related people are often involved there is often a significant barrier to initiating a criminal complaint against the false accuser, regardless we urge the prosecution of these crimes ex-officio.

The wiki falschbeschuldigung.org collects cases of false accusations from Germany and abroad.

Extent of the problem

Quote: «I will tell you why. It is because destroying a man when a woman accuses him of violating her is a normal practice within all western cultures. Not just a normal practice, a championed practice. And if that woman happens to be lying it is considered our duty to ensure that no one knows who she is. Furthermore, we as a society are obligated to ensure no punishment befalls this woman, regardless of the damage she has done with her lies.
That is the world we live in and it fucking disgusts me.»[4]

In Germany, in 40% of all custody disputes the allegation of sexual abuse is raised. 95% of such allegations custody disputes prove to be incorrect.[5]


The Bavarian State Office of Crime cited in a study on "rape and sexual assault" a Commissariat Officers:

"All officers of sexual offenses are agreed that considerably more than half of the original sexual offenses are invented. Although many reported cases lead to the false assumption of suspicion, but do not ultimately qualify for such a presumption." [6]


The lawyer Bruno Steiner spent 16 years as a judge at the District Court of Zurich, four years before that as a prosecutor. Today, Steiner works as a trial lawyer and relationship offenses are one of its specialties. Steiner says,

"In rape cases, I put big question marks over the justice under the rule of law. I have just experienced too much over the years."

At the time of writing Steiner was defending a man before the Superior Court who was sentenced to nine years in prison in the first instance - based solely on the statements of the victim, who according to Steiner: "more or less assertion character." The accused has no criminal record, the applicant, however, is psychologically striking. Property or witness evidence - there is none. It is symptomatic of the criminal defense lawyer that statements by rape victims are critically questioned too little today.[7]


Stjepan Kovac*, 29, was remanded into custody for half a year. His wife had testified to the police that he had slapped her and "probably raped" her. "It became a real rape thanks to strongly suggestive and agreeable police examination," says Kovacs lawyer Hugo Werren. But Stjepan Kovac was innocent. The "very, very thin and poor indictment" of the prosecutor, who had requested four years in prison, fell apart in court. The district court acquitted the accused. The judgment is final. Because of the sustained custody Kovac received a costs and compensation of CHF 30,000. For men like Stjepan Kovac Jörg Kachelmann wants to start a foundation.[7]


A 2005 study in Munich came to the conclusion that approximately one third of reports of rape or sexual assault were "doubtful". The study here was based on interviews with police officers. Cases of deliberate use of false accusations, to take revenge on a man, however, were the exception. The most frequent motives and backgrounds of the action were psychological and physical brain disorders, conflicts in family and partnerships, obfuscating sexual relations, frustrated sexual attraction, and the need for fame or pity or otherwise to attract attention. Half of the women who made false accusations, had psychological problems. Although there are currently no appropriate research results for Switzerland, many Swiss experts confirm the findings of the Munich study. "The phenomenon of false allegations in rape cases is very common. We expect that about half of the accusations made are bogus," says Thomas Hans Jacob, first prosecutor of the canton of St. Gallen.[7]


Leo Lehrbaum, Head of the "vice squad" of the Office of Criminal Investigation Lower Austria, suggest a proportion closer to 80% of accusations received prove to be false accusations. He said: "We investigate every case carefully so we do not lose a single case." Every day he was confronted with a variety of tragic forms of sexual abuse and knows the psychological consequences and how much the victims may suffer, often decades later. "We of course do everything we can shine a light... " However, regardless of all the real cases of abuse that he had found, the group's statistics show lately an alarming development with an average of four out of five complaints proving fictional. The youngest, which would have feigned such an incident, had been only 12 years.[8]


Alone in Legal Medicine in Hamburg per month two to three young women between 15 and 25 years trying to deceive authorities by alleging incidents of violent and sexual offenses committed to their person. Most are quickly unmasked because the findings do not tally with their descriptions. Many confess immediately. The motives of women are different: some want to deliberately harm someone, others flee into the role of victim to escape a conflict in the family or at work, while others simply want to force the feeling care from their environment.[9]


Susanne Folkers, which pursues in Bochum sexual offenses and domestic violence offenses in the prosecutor's office, confirmed: It often happens that witnesses will without batting an eyelash, lead an innocent man, with the help of the judiciary, to the sword. The conclusion of the prosecutor after 17 years: "Most of the witnesses tell the truth, even if that can not always be detected," but she also says: "I do not trust young women concerning everything now." To filter out the self-performers among the victims, one must now tackle witnesses much harder than before. And you do feel sorry for all those who have really suffered abuse and rape. "The actual victims," she says, "are the real victims."[9]


The Basel Prosecutor reviewing the situation found that one in five reported rapes are fictitious. Detective Inspector Mark Melzl gives an example: "A young Turkish girl who pulled her friend from her family was worried because she invented - plagued by bad conscience - a rape story."[10]


One study, held under lock and key by the U.S. Air Force, shows proof that up to sixty percent of all allegations of rape are untenable.[11]


Rüdiger Deckers, who is organizing each year a symposium on "witnesses in criminal proceedings", informed the leading scholars, experts, and federal judges about the problem of witness reliability, estimating 40 to 50 percent of those clients who dispute the facts are wrongly accused.[9]

The Supreme Court in Karlsruhe is reaching the problem in the form of revision requests. There is registered with concern, the manipulation of the victim witnesses by "legally illiterate with helper syndrome", as formulated by the federal judge Axel Boetticher.[9]


The risk for men to be victims of false accusation by females even with a free evaluation of evidence through the courts is not exactly small. Not everyone accused can afford a Johann Schwenn as a lawyer plus expensive consultants as Jörg Kachelmann did, not every offender appears unreliable.[12]

The reality of the false accusation is either denied by feminists or downplayed:[13]

"The London Metropolitan University in 2009 elaborated on a comparative European study on sexual violence which assumed that false accusations in Germany are around 3 percent annually [...] If the going gets tough, can sacrifice - and that 90 percent of Women - do not expect that the police, judiciary and the media with their respective agencies will provide reasonable protection of victims and thus enable a fair investigation." [14]

The number of charges increases steeply while the number of convictions stagnates

The police crime statistics (Polizeiliche Kriminalstatistik, PKS) revealed an (absolute) increase of 410 reports of rape (2009: 7314, 2010: 7724). The question arises, what do these numbers describe; a suspected or an actual problem? Is it more and more copycat crimes? More and more imitation victims? The small but distinct difference is that it is always at best a detectable increase/decrease in the reported offenses but not an increase/decrease of the actual acts/crimes/offenses. For example in ZDF[wp] with(?) Peter Hahne a Ursula Schele attacked court reporter Gisela Friedrichsen in the style of Alice Schwarzer, said she was eager to complain about a "decline in the conviction rate" of 13%.

Rape and sexual assault have been grouped together for years in the statistics, as if there is no difference. Using the old relationship between these subgroups it is likely that the number convicted of rape is now less than 1000 for "pure" rape cases. The declining conviction rate does not result from the a change in the mood for sentencing by the judiciary, as the victim industry loves to make believe the public, rather than rapid increase of complains to the police. The increasing reporting rate is diametrically opposed to the claims of the Women's lobbyists who still maintain the myth of the anxious woman, the timid girl who allegedly does not trust the system, also reports a rape experience. The conviction of an accused is decided under the law, however, not by a reported behaviour, nor a lobbyist association, but an ordinary court. Now, if the rate decreases continuously despite exploding reported events, something is wrong with the statistics or the quality of the work of the first responder (police) or second stage investigator (public prosecutor). Add the concurrent processing of rape in marriage cases, which carry a risk of lengthier hearings due to the he-said/she-said nature of the deliberations and the to establish the reliability of the protagonists. The trend of in false rape accusations comes despite of the Kachelmann case proceeding on a steep upward climb. The client work of the victim industry therefore seems to function well. Accusing men has become the "in" thing to do, although it is increasingly rare that something comes out in a court case.[15]

The fear of feminism before the loss of female victimhood

Ilse Lenz coined the term "Kachelpanik" (derived from Kachelmann and panic. In a TAZ comment she writes: "It is based on the idea that the false accusation can apply to any man and the judiciary today offers no more security than before."[16] This is like whistling in the dark, because the feminists are afraid of the image of the male victim. It threatens the feminist monopoly of the female victim.

The Political Correctness dictates that an alleged victim should be believed

The German judiciary are all the more likely to believe a false accusations, the more precisely the accusation meets the expectations of the deceived. Political correctness demands that the alleged victim - whether of a Nazi crime or a rape - is believed unconditionally. Uncomfortable inquiries and investigations are omitted. Doubters run the risk of casting themselves as characters from the pits of hell in the public eye. Uncritical courting of people who imagine themselves as victims, is a reliable foundation for a successful liar.[17]


Daily average rate of false accusations raised against husbands by women in Spain is 300.[18]

The State knows better than the victim

The state may decide that a recanting victim is recanting their allegations as false because of his or her victimhood, and thus reject them:

Dan Slepian: [Daughter said she lied and sent dad to prison for rape, but DA upholds conviction], NBC News

A woman who claimed her father sexually assaulted her as a child now is recanting her story and trying to vindicate her imprisoned dad.

A man serving 40 years for raping his eight-year-old daughter has lost his bid to be released from prison, even though the alleged victim has insisted for the past 15 years that the crime never happened, and that she only said it had because her drug-addicted mother threatened to beat her.

In a letter to Daryl Kelly's attorney, Orange County D.A. Francis Phillips said he stands by Kelly's 1998 prosecution, because of the findings of a re-investigation conducted at his request by the Committee on the Fair and Ethical Administration of Justice of the District Attorneys Association of the State of New York (DAASNY).

"After a thorough investigation, the CFEAJ has determined that Kelly was not wrongfully convicted," wrote Phillips. "That conclusion is, in my opinion amply supported by the evidence and the reasoned analysis in the report."

"I'm absolutely devastated," said alleged victim Chaneya Kelly, now 25, who first told her story to NBC News in August. "My father didn't rape me, and I don't know why they just won't believe me." She vowed to continue fighting on behalf of her father, and has written a letter to New York Gov. Andrew Cuomo saying she was "completely insulted" by the re-investigation. "Every time I told them that my father did not commit any of the malicious crimes he was convicted of," she wrote in the letter, "they treated me as if I was lying."

The DAASNY reinvestigation included extensive interviews with nearly everyone involved in the original prosecution. The report, which Phillips received last month, says "every conceivable effort has been undertaken to find the unvarnished truth regardless of how or whom it impacts."

Daryl Kelly's attorney, Peter Cross, disagrees. "Anyone who looks at the facts of this case will see that Daryl is obviously innocent," said Cross. "Based on information I've gathered since this report was written, it is provably biased." One of the individuals interviewed by the state committee sent Phillips a letter saying the report contains "misleading and inaccurate quotes," and an expert he hired sent Phillips a letter calling the committee's rejection of Chaneya's recantation "unscientific."

Representatives of the DAASNY did not respond to requests for comment.

It all began in October 1997 in Newburgh, N.Y., where Daryl Kelly was living with his wife, Charade, and their five children. Chaneya, their oldest child, was two months shy of her ninth birthday.

At the time, Daryl * a Navy veteran * says he was trying to kick a drug habit to take care of his kids. But Charade was at rock bottom, even turning to prostitution to feed her addiction.

Chaneya remembers being downstairs with her father one morning before school when she had to use the bathroom. When she was done, she went upstairs, and that's when Chaneya says her mother asked her a question that came out of the blue.

"She repeatedly asked me, has my dad touched me," recalled Chaneya. "I was like, 'What do you mean, did he touch me?' And she was like, 'Did he touch you in your no-no spot?' And I would repeatedly say no."

Chaneya says the more she denied any abuse, the more irate her mother became - and even threatened her with a belt. According to Chaneya, her mother said, "If you don't tell me the answer that I want to hear, I'm going to beat you." To avoid a beating, says Chaneya, she told her mother that her father molested her even though it wasn't true.

Chaneya repeated the charge of molestation to police, and was examined by nurses and doctors. They issued a report in which they determined there was "possible sexual abuse" because of some redness * but Chaneya's hymen was intact even though she claimed her father had penetrated her.

But with both Chaneya and her mom telling police the same story, Daryl Kelly was charged with multiple counts of rape and sodomy.

Kelly refused a plea deal that would have made him eligible for parole in six years, and within a year he faced a jury, was found guilty and sentenced to 20 to 40 years.

Six months after her father's conviction, however, Chaneya came forward to her grandmother, saying she was never raped, and that the story had been born out of fear of her mother.

Chaneya's grandmother took her to Kelly's appellate attorney, who videotaped her recantation. On the tape, Chaneya looks uncomfortable, mumbling short, hesitant answers like, "No," and "I think so." The prosecutor argued that the recantation looked coerced, and the same judge who oversaw Kelly's original trial a year earlier agreed. He refused to vacate Kelly's conviction.

When NBC News spoke with Chaneya's mother in August, she said she'd been drug-free for many years, and said that she had threatened her daughter with a beating, blaming the incident on a drug binge. "I was really deep in the grip of my addiction." When asked why she would threaten her daughter if she didn't lie, Charade said, "I have no idea, I really don't."

Over the years, Chaneya says she never gave up on her father. When she was 15, she convinced the courts to allow her to once again have contact with him * and that's when she went to visit him in prison.

"The first thing my dad did was that he hugged me and he told me that he loved me and ... that he doesn't blame me for anything," Chaneya recalled. "It was priceless to me."

Since then, she's been talking to anyone who would listen about her father. Ultimately, the case was reopened at Chaneya's request, but it didn't end the way she hoped.

This combination of two screen gabs taken from video shows Daryl Kelly, left and daughter Chaneya Kelly during recent interviews with NBC News. Chaneya says that in 1997, she falsely accused a man of raping her. That man - who has always maintained his innocence * is Daryl Kelly, Chaneya's father. credit: NBC News

The district attorney association's report lists various reasons to support its conclusion that Daryl Kelly is guilty:

  • A judge evaluated the same evidence 15 years ago and has already decided the recantation wasn't credible.
  • In a recorded prison phone call, prosecutors found it disturbing that Kelly once greeted Chaneya by saying, "Hey, sexy."
  • Kelly lied about being awarded a purple heart when he was in the Navy, showing his true character.
  • Experts caution to be wary of recantation, especially in a case like this. "The relationship between the defendant and his recanting accuser - father and daughter - is renowned at law and in social science as one most likely to breed a false recantation," said the report.
  • Most of all, the report claims that despite Chaneya's insistence that she wasn't raped, her story is not credible, saying she "can neither explain why she falsely advanced such a horrible allegation, nor why she adhered to it for so long and repeated it to so many different people."

James Winslow, Kelly's original trial attorney in 1999, is quoted extensively in the DAASNY report, suggesting that Kelly might be guilty and that the case against him was strong. After reading the report, Winslow wrote a critical letter about its contents to District Attorney Phillips. "It has raised grave concerns for me regarding the attribution of certain opinions and loose, misleading or inaccurate quotes alleged therein to be from me," wrote Winslow.

Most troubling to Peter Cross, Kelly's current attorney, is that only lawyers - not mental health professionals * assessed Chaneya's credibility as a witness. So Cross hired a mental health expert, Dr. Roy Lubit, who interviewed Chaneya, found her "highly credible" and sent his report to DA Phillips. Lubit's work was paid for by the Jeffrey Deskovic Foundation for Justice, which tries to reverse allegedly wrongful convictions.

Lubit said that he believed Chaneya's recantation, say there was "no corroborative evidence of the alleged abuse." He cited the lack of psychological trauma, the consistency of her recantation over time, and the lack of grooming of the alleged victim by the perpetrator. "To a reasonable degree of medical certainty CK's recantation of her allegation her father sexually abused her when she was 8 years of age is not only credible but true," wrote Lubit. "The basic scenario leaves more than reasonable doubt that the child was sexually abused by her father."

In Phillips' letter upholding the conviction, he said he had taken Lubit and Winslow's criticisms into account. "We have considered the letter of Mr. Winslow and the report of Mr. Lubit. Our decision is based on all the information we have reviewed."

As for Daryl Kelly, he says he won't truly be free until he's vindicated. "This fight will never end," he said. "I will continue to fight for this. This is my reputation. This is my decree. This is the truth. It's not just for me. It's for my daughter as well."

Legal background

Legal basics

StGB (Germany)

§ 153 False unsworn statement
Who to court or before another to the hearing under oath of witnesses or experts competent authority as a witness or expert uneidlich false, shall be punished with imprisonment from three months to five years.
§ 154 Perjury
(1) Whoever swears falsely in court or before any other competent authority to administer oaths, shall be punished with imprisonment for not less than one year.
(2) In less serious cases the punishment shall be imprisonment from six months to five years.
§ 159 trial incitement to false testimony
For the trial of instigating a false unsworn statement (§ 153) and a false affidavit (§ 156), § 30 section 1 and § 31 Section 1 Subsection 1 and Section 2 accordingly.
§ 160 inducements to false testimony
(1) Causing or inducing another to community service of a false oath, shall be punished with imprisonment up to two years or a fine ; who tempts another to serve a false affidavit or false unsworn statement, shall be punished up to one hundred eighty days sentences to imprisonment for up to six months or with a fine.
(2) The attempt shall be punishable.
§ 164 False accusation
(1) Whoever with another as an authority or competent to accept advertisements official or military superiors or publicly against better knowledge of an unlawful act or breach of an official duty with the intention suspected, an official procedure or other official measures against bring him or her to let continue, shall be punished with imprisonment up to five years or a fine.
(2) is also imposed on anyone who at one of the designated in paragraph 1 or publicly on another against his better judgment some other statement of fact sets up in the same intention, which is likely to bring or continue an administrative procedure or other official action against him to leave.

Criminal Code (Austria)

§ 288 of the Criminal Code (false evidence testimony in court)
(1) Who will take over in court as a witness or, if he is not also party as respondent in his formal questioning the matter says wrong or as an expert witness a wrong diagnosis or a false report, with to punish imprisonment up to three years.
(2) He who makes a false evidence in court statement (section 1) on oath or affirmed with an oath or some other measures provided for in the laws oath in court swears falsely shall be punished with imprisonment from six months to five years. An oath is an appeal to a previously filed oath and in persons who are exempt from the requirement to take an oath, the intended place of the oath affirmation same.
(3) According to paragraph 1 and 2 shall be punished also means any person who acts mentioned therein in proceedings before an under Article 53 of the Federal Constitution Act, as amended in 1929, established Committee or a disciplinary authority of the federal government, a country or a community commits.
§ 293 of the Penal Code (forgery of evidence)
(1) Whoever makes a false evidence or falsified a real evidence is, if he acts with the intent that the evidence was needed in a judicial or administrative authority proceedings, with imprisonment up to one year punished, if the offense is not punishable under §§ 223, 224, 225 or 230 with punishment.
(2) is also punish who uses a false or falsified evidence in a judicial or administrative authority proceedings.

Legal practice

Sascha Boettner, lawyer specializing in criminal law and criminal defense :

How common are false statements in Germany?
In the area of ​​sexual offenses, proceedings for false testimony are rare. The reason is: The courts make it as easy as possible. You do not have to determine what happened exactly. It is in the benefit of the doubt, unless it can be safely stated that the accused is guilty. The question of whether the alleged offense has taken place, is often not tested in an acquittal, as in the case of the termination of the proceedings.
After false statements are established does a prosecution automatically arise against the alleged liar?
No. The prosecutor's office very often have to initiate proceedings, but mostly it does not. Only if the accuser regurgitates the false statement.
How many proceedings for false testimony are conducted in Germany?
I do not know exactly. However, my estimate might be just five percent of the false statements make it ​​to a hearing. If even it is this many. I would even say: it will be lied in almost every process.[19]

Social background

Not a new phenomenon

False allegations of sexual assault/rape are not a new phenomenon.

-The oldest false accusation of written human history-

"And Joseph was beautiful and well favored. 7And it came to pass after these things, that his master's wife cast her eyes on Joseph and said: Lie with me! {Proverbs 5.3} But he refused, and said unto her: Behold my Lord takes no thing in front of me, is in the house, and all that he has, what he did to my hand, and has nothing greater in this house, which he hid from me except you, by you are his wife. How then can I do this great wickedness, and sin against God? {Exodus 20:14} And he drove spake to Joseph day by day. But he hearkened not unto her, that he was still asleep next to her would order it came to pass one day that Joseph went into the house to do his business, and was none of the men of the house there and she caught him by his garment, saying: Lie with me! And he left his garment in her hand and fled, and got him out because they saw that he had left his garment in her hand, and fled, she called the men of her house, and said unto them: Take heed, he has brought us to the Hebrew man, that he to mock us. He came in to me to lie with me; I cried with a loud voice. And when he heard that I lifted up my voice and cried, that he left his garment with me and ran out. And she laid up his garment by her, until the Lord came home, and said to him according to these words, saying: The Hebrew servant, which thou hast brought unto us, came to me and mocked me. But I lifted up my voice and cried such, that he left his garment with me, and fled out."

Joseph in Prison - dreams of two officers

When his master heard the words of his wife, which she spoke to him, saying: Thus did thy servant to me, he was very angry. His master took him and put him in prison, where the king's prisoners were also kept; and he was there in prison. But the LORD was with him, and bowed his mercy to him and let him find grace before the keeper of the prison, that under his hand, he commanded him all the prisoners in the prison, that everything that happened there, had to be done by him. Because of the official keeper of the prison took on none thing; because the LORD was with Joseph, and what he did, the LORD made it luck."[20]

Taken up again in:

  1. "Disclosure" (Hollywood, 1994) Movie (book adaptation of the eponymous novel by Michael Crichton, made available at that time when the American women's movement no less skillfully and in as media attention grabbing way triggered and fueled hysteria for alleged "sexual harassment") with Demi Moore/Michael Douglas - that keeps the memory and creativity of women (as a movement) fresh.
  2. Campus (Germany, 1998) Very fine and the sometimes preposterous "reasoning" as obvious false accusation are unmasked in the German film "Campus " (1998, directed by Sönke Wortmann - Based on the book by Dietrich Schwanitz, apparently difficult for critics to classify, as it is sometimes classified as a melodrama, and sometimes as a comedy - just like in real life and in the real courts.
  3. Persepolis (French Comic, 2000) In this autobiographical tale the Iranian comic Marjane Satrapi tells about being caught in the Iran of Ayatollah Khomeini once by the Revolutionary Guards, afraid of being taken away by them because she had used lipstick, she accused a man of having molested her, to divert attention from herself. The Guards left her, and the man was never seen again. The author was even amused by the situation until she was made aware of their behavior by her grandmother.

Quotes:

"Accusations of sexual misconduct have become a popular female sport of a kind and have proven to be a popular method to hunt officers and other public persons from office." - Martin van Creveld[21]

Inquisitors of goodwill - The miscarriages of justice reveal an ideology overflowing with feminism

Two men go to jail because of a fictitious accusation of abuse.

The tragedy of Amelie has many causes, including the fact that the girl switches from one sick system to the next. Abused and isolated from her family, she takes refuge in the professional-looking protection of psychiatry. But one where the promised aid is an illusion.

Instead, the supposed savior leads Amelie even further astray. So the fate of this girl is a mirror to the dark side of feminism.

Sabine Rückert:

"In 1994 I participated as a young reporter for DIE ZEIT in training on Uncovering Sexual Abuse, which a feminist psychologist organized for employees of northern German youth welfare offices. Commandments was a lecture whose aggressive tendency was camouflaged by objectivity. The speaker had "anatomically correct dolls" with her, she explained the handling, and she interpreted children's pictures to achieve their hidden abuse messages. She had brought movies as well, in which an abused three- or four-year-old appeared that fussed in a unique way with the puppets and children's language told what dad did with her. It was shocking to see, and drove me to tears at the time, but today I question: by whom was the child really abused - because of her father, as it was called, or by the ladies of the discovery front." [22]

Injustice in the name of the people

Two men got caught in the wheels of justice and were crushed. Simple Papenburger workers who could not defend themselves well and in whose fate no one was interested - just ordinary German defendants. Both have now fully served their sentences. To this day, they maintain: the girl(s) had not been touched. Both live offside. Former driver Adolf S. has requested release from prison in more than 2500 letters - to ministries, media, offices - most answers he received were standard rejections.[23]

Research of DIE ZEIT revealed a miscarriage of justice

Bernhard M. dwelt for four and a half years as an alleged rapist in prison.

"A woman who wants to destroy a man needs neither a neither knife nor pistol. You just need a good story, one that deals with rape. The young woman who has destroyed the life of Bernhard M., had a good invented story."

The Head Doctor blindly believed the patient - The judges saved themselves complicated investigations

Youth Chamber of the Landgericht Osnabruck was delivered of such fervor that the facts were disregarded and the accused was sentenced to four and a half years in prison in January 1996 for multiple rapes."

Innocence proven

After a retrial Bernhard M. was acquitted by the neighboring Regional Court Oldenburg.

The renewed trial of Bernhard M. lasted five days before the Regional Court of Oldenburg, by the end of which the indictment was a building demolished.

The presiding judge stated that in the court's opinion the defendant's innocence was proven.

He added: "Your fate has shaken us." [24]

Current examples

Main article: False accusation (cases)

Reasons for false accusations

A commissioner reported:

"It is often that a girl meets with a boy, of which the parents may not know. The boy may want the date to be more than the girl is ready for. But the girl dares not to say and later invents a stranger in the park. So the girls have not deceived about sexual assaults before, so yes it has actually occurred."[25]

What recommends the commissioner now?

"Make girls strong. And: Treat violence seriously, take a close look and listen. It is often advisable to contact an advice center who know the problems faced by girls."[25]

Comment:

"Because no one should know that one is a little bitch, rape is sometimes simply invented. Then a solution is proposed to make the little female perpetrators even stronger and to take the fictional violence even more seriously. Apparently, the commissioner is a quota woman who has been appointed without any qualifications to the police."[25]

Früh übt sich:/Early: -> "Early birds" or "Early practice makes perfect" or "Start Early"

"Female students communicating their own nude photos via cell phone is a phenomenon that is perhaps more common than one might think. The case of a 12 year old female student was uncovered in Bolzano. Own nude photos allegedly sent by mobile phone to classmates.
The matter came to light when the mother of a schoolgirl accidentally discovered a nude photo on her daughter's cell phone. Asked about it the 12-year-old indicated a classmate forced her to undress and then took the photos. Outraged the mother filed charges against the boys. The is said to have repeatedly denied having anything to do with the matter.
Attorneys, the juvenile court, psychologists and social workers were then switched on. Since the suspected classmates was under 14 years old, he could not be accused under the law. The tide then turned: The 12-year-old after some time admitted to her mother, to have made the photos themselves. She had been ashamed, and therefore invented the story of the classmates. The action has been withdrawn.
As it turns out, the 12-year-old is not the only one who has photographed herself naked and in suggestive poses. According to the girl her classmates also made such photos of themselves and sent them via cell phone to her other classmates."[26][27]

Self-incrimination

A subset of the False Accusations is self-incrimination, which are coerced from men by feminists and purple poodles. Since, according to the feminist creed, all men are rapists, it is only logical to demand that men finally realize accept self-recrimination:

The Hamilton College in upstate New York demanded male first-year students attend an event called "She's afraid of you," to recognize their complicity in a "rape culture" by explaining their "rape supportive" attitudes in order to change their views.[28]

False accusation, the silver bullet for woman

The (erroneous) criminal charge of sexual assault is an extremely efficient and popular combat action for women during a separation.

Men should study the following "instructions" precisely in order to know the mechanisms of action in the event of such cases and thus to have any chance of resistance.

  1. That women allege sexual assault of a life partner as part of a separation or divorce as a strategy, has been notorious for years. Judges and prosecutors know this and sometimes react with skepticism. Therefore, careful preparation is required: Your accusation should be plausible, it is best if you yourself believe in it; that's not even that difficult if you spend enough time considering a pictorial imagination of everything the miserable guy could have done and of what men are generally capable.
  2. Convictions are relatively rare in such cases as the are usually his word against hers . Such a verdict is not your goal however, rather the process is the goal. Completely destroying him, would be unwise, especially if you still expect money from him. The mere accusation of sexual assault will throw your ex off track and force him on the defensive. When children are involved, visitation rights are thus governed provisionally: It will deny visitation to him or allow it only under strict supervision (which will take all the pleasure from him of meeting with the little ones). As long as the assault charge is in the room, you are the victim - and the victim always have rights.
  3. If you were recently considered a foreigner in Switzerland but for your husband, you risk the loss of the [residency? -ed] permit through a divorce. The abuse claim is almost a must - this keeps the immigration police from your neck and guarantees you have the support of battle-hardened women's organizations. The claim can also be financially rewarding: victims are not only entitled to free legal representation, but are sometimes also paid victims' assistance without condemnation damages and satisfaction.
  4. Because conviction is not the goal, you must also take care not to give evidence. On the contrary, if the facts are clear, there is a risk that the judiciary may come to a quick decision. If the allegations are diffuse and elusive, prosecutors will procrastinate the dossier in front of him. Because no one likes to question the statement of a victim. This can take years. Time is on your side.
  5. Male police officers, prosecutors and judges are usually beneficial. Show yourself from your feminine and vulnerable side, unabashedly appeal to male protective instincts (some make-up and the right perfume doesn't hurt - but discreetly please). In the central allegations have sufficient allusions and the male fantasies of the prosecutors will do the rest. Women are more likely to be critical with their fellow women in court. You must be prepared for confrontation.
  6. Increasingly detailed descriptions, may add credibility, but run the risk of contradictions within the narrative. Remember a few seemingly trivial details you may come back at again and again (for example: "He always smelled so funny after garlic"). According to the textbook these are "truth signals". Let your emotions run free and you may entangle yourself in contradictions. Please understand now that when everything comes up again it gives you trouble when you talk about the subject. The interviewer will be grateful for any excuse.
  7. If you are caught in a lie, just be silent - but never take a charge back. Although you will be told ("I have to tell you this because it is so required by the law") at the beginning of the hearing that false certification may be punished by imprisonment, in sexual criminal cases, convictions or even indictments for making false accusations are extremely rare. If the thing gets too big, just refuse any further statement. You are and remain the victim, regardless of whether the offender is convicted or not, and the victim must not be questioned. Prosecutors will be glad they can set aside the complicated case for technical reasons or for lack of evidence.
  8. Even if the procedure set aside or your ex-partner is acquitted you have won. Who is right remains open. Some mud will always catch - because people believe that where there's smoke, there is fire. Even if you do not know what the guy has done everything will be assumed of him (anything any normal man has to answer for). He will be glad to have the survived the procedure relatively intact, and seek to forget the affair as quickly as possible .
  9. And now for the piece of advice for him: There is none unfortunately. As the accused in principle in such cases, you will never behave properly. You may be too informal and relaxed, perhaps seen laughing or even running through cameras (like weatherman Jörg Kachelmann), this will interpreted as a sign of particular ruthlessness. If you are desperately contrite or tearful, it is interpreted as an indirect confession. If you feign indifference, this only shows a heartless character. Sorry - this is a battle in which the losers are fixed from the beginning. These unfortunately include real victims of sexual violence who must expect that no one believes them.[29]

Misdiagnosis

This is the dark side of victim protection where one believes unscrupulously the alleged victim without any doubt.

Role of the police

Jörg Kachelmann twitters under the title "warum #falschbeschuldigung durch #dinkeln das perfekte Verbrechen bleibt - Ermitteln nur in eine Richtung" ("why #false incrimination by #dinkeln remains the perfect crime - Only 'one way' police investigations"):

Quote: «Commissioner Plefka said before the retrial of Horst Arnold: "If we had looked into the past of the victim - don't you think there would have been an outcry?" No one had a problem with declaring "neglect of character" and "severe emotional deviance" of the alleged rapist, however.»[30]

Role of the experts

Even psychiatrists may be roped into the county circuit, with evidence - that might be only just discovered - to explain the cause of the disturbance. This is a common fault of trauma therapists. They have to make a living.[31]

Role of the press

In provincial newspapers, it is often observed that proximity to the authorities in all their various representation is so great that you do not want to fall out with anyone. The prosecutor's secondary explosion will come from the criminal court journalists, through coverage that suggests between the lines, there was something to the allegations. Such acts of corruption take only a moment. Media representatives may not hear something. This undifferentiated, non-critical shutdown on the victim subject is irresponsible. If the perpetrator and victim are reversed in the pursuit of sexual offenses just at the end, with consequences as in the case Witte / Wulf Horst, this is a disaster.[31]

Consequences

Consequences for false accuser

In the year 2006, 8,118 rapes were reported in Germany. Given an (approximately) 50% false accusations rate the question arises as to why more than 4,000 offenders annually are largely unscathed by the Justice system. Does it consider women as "penalty-immature"?[12]

  • "Many courts maintain in unclear cases, the man should indeed be acquitted, but the woman, having invoked the process, be left unscathed, even if she is convicted of falsehood." - Gisela Friedrichsen[32]
  • "The rape allegation has become a useful tool, thanks to a perverted justice system, by which a woman can get rid of a man. [ ... ] If it turns out that the accusation is unfounded, the procedure is often simply set aside, and against the woman no further determination is made, in spite of the fact that false accusation is a criminal offense." - Jörg Kachelmann[33]

In a criminal case the False Accuser does not need to fear being held accountable for his or her statement as co-plaintiff. Because the decision to prosecute is made by the prosecutor, who believed her when she filed the charges in the first place. And in considering proceedings against their victim witness the prosecutor might not fail to consider the consequences of their own contributions to the perjury.[34]

A couple had separated in early 2005. Both had joint custody of the daughters Sina (9) and Michelle (17). In June 2010, the father sought a residence determination for the younger daughter. However, three days before a joint appointment in front of the Family Court fluttered a display in the house. Sexual abuse of his daughter, was alleged by the police.

In May 2011, the accusation has been ruled out. Since it came out that the mother had instigated her older daughter (in a wheelchair) to write a letter to the youth welfare office. In it she described how her father had touched Sina immorally in the bathroom years before. The mother had testified that the pediatrician had noticed injuries. It was all untrue, as the elder daughter admitted before the family court judge.

Henning D. accused his ex-wife of bearing false witness, but the prosecutor saw no public interest in pursuing the matter and terminated the proceedings due to "low liability".[35]

Consequences for affected individuals

If a father is accused during a custody battle of having abused a child, he will initially have his rights of custody and access revoked. Should the allegations be established as incorrect and baseless later, the child is already alienated from the father. The restoration of the father-child relationship usually fails because of collaboration among the mother and government agencies such as youth ministry and school.

Jörg Kachelmann is acquitted, Dominique Strauss-Kahn will probably not even be indicted. The damage the false accusations caused remains for both.[36]

Impacts

Detection of false accusations

In the logs of a Flensburg psychotherapist, Johann Schwenn discovered evidence that an alleged rape victim been in silent about having trained in sexual offenses with the prosecutor's office of Flensburg through an internship in the Department prior to the criminal complaint. The accused was acquitted.

In Oldenburg recovery process appeared in which - on request Schwenns - seized medical records of a psychiatrist, a letter on the alleged rape plaintiff in which she confessed in writing to her therapist to have the defendants falsely accused.[37]

Consent to sexual acts

The practice of false accusations and the culture of victim-caring makes it necessary to look for new ways for man and woman to deal with each other.

Quote: «As of today, in the form "consent to sexual acts" by acknowledging an extra clause there is now the opportunity for women to allow verbal acceptance - if sexual acts have already taken place three times. The application for the required 24 hour period between signing of consent and the practice of sexual acts to reduce to 6 hours, however, was rejected by a large majority. When it was assessed as posing too large a risk of impulsive mistakes. Women's protection associations declined to agree with the new ruling: "We think this is a throwback to a rape culture, which opens the floodgates for alleged 'misunderstandings'. While women may be of the opinion they can trust their partners, experience, however has shown that this is not so, the risk of unwanted contact and a belated 'no' is just too big. The introduction of mandatory verbal consensus query 2032 did not happen without reason and we will fight to ensure that the scandalous extra clause is canceled again. Meanwhile, we urge all women not to give away naively or stupidly their rights and refuse to make use of the after three-time sexual intercourse clause!"
The revised form is available from every woman Protection Agent as of today.»[38]

Quotes

  • "The false accusations can affect anyone. It may consist of a marital quarrel and happen for a custody battle. As a man today you have to have an alibi for in every second, otherwise you can have the same thing happen to you as happened to me. My case exacerbates the danger. When even such a poorly constructed story as my wife supplied spelled catastrophy, then one knows how dangerous it can yet be for a man. I was lucky that they are so bad lying." - Jörg Kachelmann[39]
  • "Note this advice. Have no situations with strange women for which you have no witnesses! At a certain notoriety Level one is a particularly attractive target for false accusers." - Jörg Kachelmann[39]
  • "The presumption of innocence is now displaced in Germany by the ' victim presumption." - Gisela Friedrichsen[40]
  • "It is intolerable that such a crime is done as was done in India. It is also intolerable if men are to be charged on the basis of a false accusation. Not because they are guilty, but because this false accusation has proved to be sharp sword with which one may execute an innocent man." - Letter to the editoral[41]

References

  1. Freakonomics, Goldmann Verlag 2007, ISBN 3-442-15451-0, p. 391
  2. Weekly Standard: The Feminine Lie Mystique, npr on 29 July 2011
  3. Arne Hoffmann: Sind Frauen bessere Menschen?, Berlin 2001, p. 347 ff.
  4. False Rape Culture: What one false accusation can do to a man, A Voice for Men on July 1, 2011
  5. Prof. Siegfried Willutzki, Familienrichter und Vorsitzender des Familiengerichtstages. Siehe auch FamRZ 2000/2
  6. Pdf-icon-extern.png Vergewaltigung und sexuelle Nötigung in Bayern. Studie zu Opferrisiko, Opfer- und Tatverdächtigenverhalten, polizeiliche Ermittlungen, justizielle Erledigung. - Bayrisches Landeskriminalamt 2005, ISBN 3-924400-16-4, p. 181 (323 pages)
  7. 7.0 7.1 7.2 Vergewaltigungsvorwürfe: Opfer der Anklage, Beobachter on 22/2012
  8. Echt oder vorgetäuscht?, Niederösterreichische Nachrichten on 13 June 2011; Hinter meinem Schreibtisch: LKA zu sexueller Gewalt: "Vier von fünf Anzeigen entpuppen sich als erfunden", 14 June 2011
  9. 9.0 9.1 9.2 9.3 Sabine Rückert: Strafjustiz: Nichts als die Unwahrheit, Die Zeit 15/2008, on 7 April 2008
  10. Pdf-icon-extern.png Jede fünfte Vergewaltigung ist erfunden
  11. Warren Farrell: "Mythos Männermacht", Zweitausendeins 1995, ISBN 3-86150-108-2, p. 369
  12. 12.0 12.1 Antife: Falschbeschuldigung wegen Vergewaltigung - eher Regel als Ausnahme, 31 May 2011
  13. FemokratieBlog: Die 3%-Lüge bei "Studie" über Vergewaltigungen, fkblog on 6 June 2011
    Alles Evolution: Falschbeschuldigung und Vergewaltigung, Teil I, Christian Schmidt on 4 August 2010
  14. Schutz für vergewaltigte Frauen fehlt: Die Schuld der Opfer, TAZ on 14 December 2010
  15. §§ 177/8 StGB - 5,6% Plus: Strafanzeigen wegen sexueller Nötigung/Vergewaltigung explodieren, Rechtsanwäldin on 22 May 2010
  16. Comment from Ilse Lenz: Feindbild der rachsüchtigen Lügnerin: Männer sind Opfer, TAZ on 30 June 2011;
    Arne Hoffmann: "Kachelpanik": Wie die "taz"-Soziologin Ilse Lenz ihre Leser irreführt, 30 June 2011; MANNdat-Forum: Feministischer Schmierenjournalismus in der "taz", Eugen on 30 June 2011 - 20:03 h
  17. Sabine Rückert: Falsche Zeugen: Lügen, die man gerne glaubt, Die Zeit 28/2011, on 11 Jule 2011
  18. Youtube-logo.png Spagna: 350 false accuse al giorno, da mogli in fase di divorzio (False Accusations in Spain) - RV Production (2010)
  19. Björn Menzel: "Es wird gelogen, dass sich die Balken biegen", web.de on 29 October 2013 (Rechtsanwalt Sascha Böttner ist 38 Jahre alt, Fachanwalt für Strafrecht sowie Strafverteidiger. Er studierte an der Universität Kiel und promovierte im Strafrecht. Böttner bearbeitet im gesamten Bundesgebiet neben dem Strafrecht auch Fälle im Wirtschaftsstrafrecht und führt eine Kanzlei in Hamburg.)
  20. hier zitiert nach Bibel Online, translated by ...
  21. Israelischer Militärexperte: Probleme auf der Gorch Fock waren absehbar, Junge Freiheit on 26 January 20111
  22. Sabine Rückert: Justizirrtum: Inquisitoren des guten Willens, Die Zeit 3/2007, 11 January 2007
  23. Sabine Rückert: Justiz: Unrecht im Namen des Volkes, Die Zeit 19/2002
  24. Sabine Rückert: Recht: Erwiesene Unschuld, Die Zeit 52/2005, 21 December 2005
  25. 25.0 25.1 25.2 Kommissarin über Gewaltschutzgesetz: "Es gibt viele wehrhafte Frauen", TAZ on 30 January 2012
  26. Schülerin soll eigene Nacktfotos per Handy verbreitet haben, Südtirol Online on 29 October 2009
  27. "Es geht doch immer nur darum, die Verantwortung fürs eigene Verhalten auf andere abzuwälzen. Mit spätestens 20 beherrscht sie das dann perfekt.", from WGvdL-Forum: Imageberater on 28 February 2013 - 04:07 h
  28. Did Hamilton College take 'political correctness to the extreme'?, Observer-Dispatch, New York, 13 April 2011
  29. Alex Baur: Sexualstrafrecht: Wunderwaffe für die Frau, Weltwoche, Ausgabe 13/2010
  30. Twitter: Jörg Kachelmann on 8 September at 6:22 am
  31. 31.0 31.1 "Die Kontrollinstanzen haben versagt" - Anwalt Schwenn will Hannoveraner Justiz für Fehlurteil im Missbrauchsprozess zur Verantwortung ziehen, Landeszeitung Lüneburg on 16 September 2010
  32. Gisela Friedrichsen: Kachelmann-Urteil: Die Angst der Richter vor dem klaren Wort, Spiegel on 1 June 2011
  33. "Jetzt schalte ich auf Angriff um", Tagesanzeiger on 15 June 2011
  34. Kachelmann-Prozess: Dilettantisches Herumermitteln, Frankfurter Rundschau on 30 November 2010
  35. Streit ums Sorgerecht: Ex-Mann als Kinderschänder verleumdet, Kölner Express on 26 March 2012;
    Falschanschuldigende Mutter überführt - doch Klage des Geschädigten abgewiesen!, Weiberplage on 27 March 2012;
    Ex-Mann als Kinderschänder verleumdet - Streit ums Sorgerecht, March 2012
  36. Strauss-Kahn und Kachelmann: Männer, Macht und Moral, Süddeutsche Zeitung on 1 July 2011
  37. Sabine Rückert: Anklage wegen Vergewaltigung: Schlacht um Kachelmann, Die Zeit on 20 December 2010 (page 5/5)
  38. Lockerung des Gesetzes zum Schutz von Frauen beschlossen!, ErzählMirNix on 15 September 2013
  39. 39.0 39.1 "Lächerlicher Wahnsinn", Weltwoche on 15 June 2011
  40. Gisela Friedrichsen: Gerichtsreporterin: "Nur Verlierer im Fall Kachelmann", Tagesanzeiger on 21 April 2011
  41. Leserbrief: Gegen sexuelle Gewalttaten, Extra-Tip on 15 January 2013

External links