False Claims – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Police: Texas Teenager Fabricated Story that She Was Raped by Three Black Men https://legacy.lawstreetmedia.com/blogs/crime/texas-teenager-made-up-story-that-she-was-abducted-and-raped-by-three-black-men/ https://legacy.lawstreetmedia.com/blogs/crime/texas-teenager-made-up-story-that-she-was-abducted-and-raped-by-three-black-men/#respond Fri, 24 Mar 2017 13:20:13 +0000 https://lawstreetmedia.com/?p=59771

Her lie does a disservice to rape survivors and her community.

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Image courtesy of Robert Couse-Baker; license: (CC BY 2.0)

A Texas teenager who ran into a church earlier this month, claiming she had been abducted and sexually assaulted by three black men, has admitted that she made the story up. Breana Harmon Talbott made headlines with her story, and many white nationalists took the opportunity to blame the alleged perpetrators’ race for the crime. Far right groups on Reddit, social media, and neo-Nazi website The Daily Stormer picked the story up. Many complained about the lack of media coverage and claimed that if the races had been reversed, it would be all over the national news. But now, the story has proven to be a hoax.

When Talbott entered the church on March 8 she was bleeding from cuts and scratches on her body, which she later admitted were self-inflicted. A rape kit from the investigation came back negative, meaning that there was no physical evidence of rape. On Wednesday, police announced that Talbott’s allegations were unfounded. “Talbott’s hoax was also insulting to our community and especially offensive to the African-American community due to her description of the so-called suspects in her hoax,” a statement on Facebook read. It also said the department would file a criminal case against Talbott for “False Report to a Peace Officer, a Class B Misdemeanor.” Talbott also admitted that she had fabricated the story.

The news caused shock and outrage in the community. Talbott’s friends had even created a GoFundMe to replace her jewelry that she claimed was stolen. Her then-fiancé was the one who called the police when she “went missing” about three hours before she reappeared. He had no idea she made the whole thing up and they have since separated. Denison Police Chief Jay Burch said that even though everyone was relieved the attack never happened, “there could be permanent damage as a result–a damage of relationships within our community, damage to the reputation of our community.”

The topic of false allegations when it comes to rape and sexual assault is incredibly sensitive. According to Slate, a commonly cited estimate is that only about 2 percent of rape reports are false. And women had to fight for a long time to gain the respect and the rights we have today. For a long time it wasn’t considered rape if a man forced himself upon his spouse, and that didn’t change until 1979 with the first conviction of spousal rape in the U.S. Still, victims of sexual abuse are often not taken seriously and so many have to fight to get a proper investigation. Cases like Talbott’s make it even more damaging when people make false accusations, because they’re used as justification to not trust other survivors.

Unfortunately, Talbott’s case received even more attention because she claimed that the made-up offenders were black. This played right into the hands of far right extremists who immediately used the story to push their own agenda. According to a recent study, black people are more likely to be wrongfully convicted than white people, and are also more likely to spend a long time imprisoned before being exonerated. False accusations will undermine the credibility of real victims, but they also contribute to a false image of who commits crimes. While the police figured out what had really happened before anyone was arrested or charged, wrongful convictions are always a problematic possibility.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Idaho Sheriff: Rape Kit System ‘Unnecessary’ Because Most Accusations are False https://legacy.lawstreetmedia.com/news/idaho-sheriff-rape-kit-system-unnecessary-accusations-false/ https://legacy.lawstreetmedia.com/news/idaho-sheriff-rape-kit-system-unnecessary-accusations-false/#respond Wed, 16 Mar 2016 20:58:13 +0000 http://lawstreetmedia.com/?p=51298

His comment was totally incorrect.

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Image courtesy of [Ken Jarvis via Flickr]

According to one Idaho sheriff, the Idaho legislature shouldn’t have anything to do with making a statewide rape kit collection and tracking system because most rape accusations are just plain false.

A new bill, which is heading to the desk of the governor now, would standardize how medical clinics collect evidence from suspected sexual assaults, and would create and enforce a timeline for law enforcement agencies to send evidence for testing at a state forensic lab.

DNA collected from rape kits goes into a nationwide database in order to check for matches. Rape kits contain semen, saliva, or blood found on the victim during an examination. Agencies would need the approval of their county prosecutor if they do not believe a kit should be tested.

Idaho Governor C.L. “Butch” Otter has not yet indicated whether or not he will sign the bill. But Bingham County Sheriff Craig Rowland told Idaho Falls television station KIDK, according to OregonLive, that this new measure prohibits members of law enforcement from doing their jobs. Rowland said:

They need to let us decide if we’re going to send the kit and when we send the kits in. Because the majority of our rapes — not to say that we don’t have rapes, we do — but the majority of our rapes that are called in, are actually consensual sex.

These comments add to the systematic issue of law enforcement not always taking rape victims seriously.

“This bill sends a clear message that victims are to be taken seriously,” said Democratic Senator Maryanne Jordan to the AP. “The DNA evidence in these kits can be a powerful tool in solving these crimes.”

This new measure aims to streamline the process by bypassing skeptical police by requiring that clinics send their kits for testing, unless the victim or county prosecutor say otherwise.

“It’s hard to know if a claim is false if the kits don’t get tested,” Ilse Knecht, policy and advocacy director for the Joyful Heart Foundation told the AP. “Each one of these kits represents a survivor. … We need to take their claim seriously, treat them with respect and use the evidence.”

According to a Vox report, 2 to 8 percent of rape allegations are actually false. The six point discrepancy comes from different understandings of what rape is. Therefore, depending on where and who is doing the reporting and investigating, many cases are not considered rape, leading to discrepancies amongst state and national agencies.

“The heated public discourse about the frequency of false rape allegations often makes no reference to actual research,”–this is according to a ten-year study done by Violence Against Women. “When the discourse does make reference to research, it often founders on the stunning variability in research findings on the frequency of false rape reports. ” The study found that the range for false rape allegations was between 2 and 10 percent.

Only 32-33 percent of rapes are even reported, according to the Department of Justice, cited in a report by RAINN (Rape, Abuse and Incest National Network), and only two out of every 100 rapists will spend any time in jail. With numbers like that, legislation that aims to give a voice and legitimacy to each victim is vital.

Julia Bryant
Julia Bryant is an Editorial Senior Fellow at Law Street from Howard County, Maryland. She is a junior at the University of Maryland, College Park, pursuing a Bachelor’s degree in Journalism and Economics. You can contact Julia at JBryant@LawStreetMedia.com.

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