resulting in him not accurately describing what the Harvard study and the FBI data showed.
So do you. You are claiming that the real rate of false claims is lower than the "unfounded" number, when that is not the case.
It doesn't count "cases where the prosecutors took cases to trial or even obtained convictions that were nevertheless false claims" because those cases don't fit the definition of 'unfounded' being used.
Which means that the true rate of false claims is HIGHER than this unfounded number, not lower.
They aren't counted as 'unfounded' in the studies because they don't fit the definition being used.
Exactly my point. The rate of false claims is higher than the 'unfounded' number, because 'unfounded' does not count cases where a false rape claim survived initial scrutiny and let to prosecution or even conviction.
And they aren't necessarily lies. It could be "he said" what he believed was true and "she said" what she believed was true and the jury decided which version of events they believed was more objectively true than the other.
I did not say "he said she said" are necessarily lies. But those are the cases among which there are false claims of rape that are nevertheless not counted under the "unfounded" number.
I don't know about downplaying,
Always bringing up the made up "only 2% of rape claims are false" as a reason why women should automatically be believed about rape is definitely downplaying.
Example:
No matter what Jackie said, we should generally believe rape claims
WaPo said:
Many people (not least U-Va. administrators) will be tempted to see [Jackie Coakley lying about being raped] as a reminder that officials, reporters and the general public should hear both sides of the story and collect all the evidence before coming to a conclusion in rape cases. This is what we mean in America when we say someone is “innocent until proven guilty.” After all, look what happened to the Duke lacrosse players. In important ways, this is wrong. We should believe, as a matter of default, what an accuser says.
Who is Jackie? Rolling Stone's rape story is about a person – and I believe her
Notorious feminazi Jessica Vallenti said:
fter publishing a 9,000-word feature revolving around Jackie’s story and coming under increasing pressure from multiple media outlets, Rolling Stone later said it had “misplaced” trust in Jackie, citing “inconsistencies” in her story – even though disjointed and unreliable memories are not uncommon in trauma victims. Then, without acknowledgement or apology, the magazine changed its statement to read that any reporting failures “are on Rolling Stone, not on Jackie”.
But it doesn’t matter. Jackie is now another woman who is not believed.
Whether she is able to remain anonymous or not, and even though her story of being raped has not been disproven, the fact that Jackie is not and was not a symbol or a cause, but a person, has been lost in the rush to indict her and anyone who believes her. I choose to believe Jackie. I lose nothing by doing so, even if I’m later proven wrong – but at least I will still be able to sleep at night for having stood by a young woman who may have been through an awful trauma.
By the time Valenti was writing, it was clear to anybody with a brain that she was lying about being raped. And yet she "chose" to believe her.
but when the best data available indicates something happens 2% of the time, it shouldn't be considered more commonplace than what happens 90% of the time.
Except that the data does not show it happening only 2% of the time. And even if it did, it's still no reason to blindly believe accusers.
The data indicates that the overwhelming majority of reports of rape are truthful which is why investigators should take them seriously and investigate them conscientiously. That does not mean adopting a stupid doctrine about the Infallibility of Rape Victims.
The data does not show that "overwhelming majority" are truthful. However, yes, rape claims should be investigated conscientiously. And if evidence appears that the accuser is lying, that should be investigated, and if appropriate, prosecuted. Jackie Coakley should have been prosecuted. Same goes for Crystal Mangum.
I would like to see the data you saw. And I would like to see the breakdown in false vs. unfounded, and what criteria was used. If your source conflates false with unproven (as you often do), that's a major flaw.
It's not hard data, it is estimates. We cannot know true data. We can know how many are proven false, but that is not the same as the number which are false in actuality.
So the number of false rape claims are by necessity estimates and guesses.
You seem to be laboring under the misconception that just because a claim was not declared unfounded, and led to investigation and prosecution, it must be true. But a lot of cases taken up by prosecutors later are shown to be false. It is unknown, but certainly that number is not zero, how many of rape cases that go to prosecution and even conviction are based on false claims.
In contemporary US, corroborating evidence is no longer required to obtain a rape conviction. A woman's claim can be enough, if a prosecutor can persuade a jury to convict or if a
judge blocks defense from introducing exculpatory evidence.
The link I provided to the previous discussions has links to the Harvard study and the FBI data. AFAIK there were no radical feminists involved in either, and even if there were, that by itself wouldn't mean their methodology was flawed.
Pretending that unfounded is ceiling for false claims is in itself a fatal flaw in methodology.
These remarks are in the context of the question posed to Jolly_Penguin about believing his daughter if she said she'd been raped, and his response.
This is a case of a 3rd rate advice columnist spinning an incredible (in the sense of not credible) yarn about having been raped in a Bergdorff changing room, similar to a plot point of a Law and Order episode. EJC is way to old to be any of ours daughter I believe, so I still don't know what the "daughter" digression was in aid of.
I would also believe him if he said he'd been raped, and I wouldn't be an a-hole about it and demand he present the evidence before I took his claim seriously.
But what if he wasn't your son but it was some 3rd rate conservative columnist who alleged that (in an alternate universe) President Hillary Clinton sexually assaulted him in a NYC department store in 1995, or maybe 1996, his memory is fuzzy. Oh, and his book called
"What Do We Need Women For?" is "coincidentally" just about to be released for sale.
And he is claiming that the pants he was wearing then he didn't wear again except for a photo shoot to promote that book. And the pants have some touch DNA that he wants to test against Hillary.
All pretty incredible, yes?
No one is suggesting we do away with investigations or lower the bar of proof beyond a reasonable doubt at trial. That's a fallacious argument made by extremists.
Radical feminists are making just that suggestion. So to say that "no one" is suggesting that is quite disingenuous.
Believe the victims means believe they are reporting what they genuinely believe to be true. The reasons to believe them are
Believing the
accuser is prejudging the case. It is important to keep an open mind, by for example not presupposing an accuser is automatically a "victim".
1) data indicates that 90% of victims reporting a rape genuinely believe what they are saying is both true and accurate
Wrong. Data indicates that 90% of claims by
accusers reporting rape cannot be immediately dismissed as unfounded. That is not the same as saying that we know that 90% "genuinely believe what they are saying".
2) data indicates only 2% are deliberately lying
It does no such thing!
3) it's better to start out making a genuine effort to investigate a reported rape than to play catch-up later if/when there are more victims
We should make a genuine effort to investigate a reported rape, but that does not mean we should prejudge the case by automatically believing the
accuser, which also means that you automatically believe the accused is a rapist.
And once again, this does not mean automatically believing every bit of every report is 100% true, accurate, and complete. It does not mean eliminating due process or establishing kangaroo courts.
It can definitely mean that, if the case is prejudged from the beginning.
I once presented a scenario about two guys, one of whom said the other raped him and the other denied it. I did that so we could examine the questions posed without having to muck out the misogynist dreck like what you just posted. I'm going to recast your question for the same reason:
So if there is a scenario where a woman lies about rape, that is automatically "misogynist"? We must always treat women as these perfect beings who never lie?
I would want the police do their effing jobs and conduct a thorough, conscientious investigation because I would believe my son when he said he didn't do it, therefore I would expect the claim would be ruled 'unfounded'. I would also get him a lawyer.
Again, not all claims not ruled "unfounded" are true.
and you oppose her attempt to secure DNA in order to support her claims.
EJC's claims are quite unbelievable and there is no chain of custody on supposed dress evidence, and touch DNA, even if present and preserved, would not be indicative that anything sexual happened, and it certainly would not be evidence of rape.
Had EJC really been raped and went to police right away, there would be hope some real evidence would be collected. 25 years later? Not a chance!
I find it somewhat believable. It will be even more believable if the DNA evidence pans out. I don't think the evidence I've heard about is enough for a successful prosecution but there could be more out there.
I find the whole scenario just baffling. She was raped in a dressing room, but no other customers or employees heard or saw anything amiss? Note also that there is no evidence of seminal fluid on the dress, so what would DNA indicate, even if present? That Trump touched the dress at some point? Like at least 3 other people? If touch DNA proved rape, then she must have been raped at least 3 more times wearing that same dress ...
The word 'believe' has more than one meaning, just like the word 'unfounded' does. "Believe self-identified victim are honestly trying to report things they think actually happened" is not the same as "believe self-identified victims are infallible reporters of objective truth", and I can scarcely believe I have to type that out for you.
Either way, believing one party means disbelieving the other. It is not neutral. It is not unbiased.
You are making the positive claim for 2%. My claim is that we, not being omniscient observers, cannot really know for sure. My guess would be about 25-30% though, based on several estimates I have seen made.