Category: False Allegations

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PR: Following Brian Banks Release, SAVE Raps Media for Allowing Rape ‘Hysteria’

PRESS RELEASE

Contact: Teri Stoddard
Email: tstoddard@saveservices.org
Telephone: 301-801-0608

Following Brian Banks Release, SAVE Raps Media for Allowing Rape ‘Hysteria’

WASHINGTON / June 14, 2012 – Following the release of Brian Banks after 5 years in jail on a false rape conviction, Stop Abusive and Violent Environments is calling on the media to report rape allegations in a responsible and ethical manner. Media accounts of alleged rape cases often highlight the accusation but fail to report exonerations in the same manner, SAVE says.

Brian Banks was a 16-year-old football star with a full scholarship to the University of Southern California when he was accused of rape by Wanetta Gibson. Fearing a life sentence, Banks agreed to a plea bargain, even though there was no medical evidence or witnesses to support her claim.

Banks spent over five years in jail. In the meantime, Gibson received a $750,000 settlement from the school for not defending her from the alleged assault. Recently Gibson admitted during a taped interview that her accusation was fabricated. On May 24, 2012 Banks was exonerated.

SAVE is calling on the media to assure responsible reporting of all allegations of sexual assault and to stem “rape hysteria.” Common media biases include referring to the accuser as a “victim,” omitting the word “alleged,” not affording equal coverage to the defendant’s account, and failing to note subsequent recantations. Prosecutor decisions to not pursue the case, acquittals, and exonerations are often not reported or not given as prominent coverage as the initial accusation, SAVE notes.

The Banks incident occurred just as the National Registry of Exonerations released a ground-breaking study that details how over 200 men around the country have been falsely convicted on charges of rape, only to be exonerated after years behind bars. Some had been handed life sentences for a crime they didn’t commit.

The exonerations occurred after the “victim” stepped forward to reveal the crime had been fabricated, or after DNA testing proved another person to be the perpetrator: http://www.law.umich.edu/special/exoneration/Documents/exonerations_us_1989_2012_full_report.pdf

“Innocent until proven guilty is a concept seemingly forgotten by the media” says Philip W. Cook, SAVE spokesman. “False allegations ruin lives, some of which are never repaired. The media has a responsibility to be factual and balanced, not incendiary.”

June is False Allegations Awareness Month. According to a national telephone survey, one in 10 persons has been falsely accused of abuse: http://www.saveservices.org/falsely-accused/survey/

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to partner abuse: www.saveservices.org

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Bills Civil Rights Domestic Violence False Allegations Immigration Press Release Sexual Assault Violence Violence Against Women Act

PR: SAVE Calls on Lawmakers to Stand Tall for Victims and the Constitution during Upcoming VAWA Vote

PRESS RELEASE

Contact: Teri Stoddard
Telephone: 301-801-0608
Email: tstoddard@saveservices.org

SAVE Calls on Lawmakers to Stand Tall for Victims and the Constitution during Upcoming VAWA Vote

Washington, DC/May 15, 2012 – A leading victim-advocacy organization is calling on Representatives to support reauthorization of the Violence Against Women Act, H.R. 4970. Stop Abusive and Violent Environments (SAVE) says H.R. 4970 will best help victims of partner abuse and safeguard Constitutional protections.

SAVE urges lawmakers to resist attempts to expand definitions of domestic violence, stalking, and sexual assault. Overly-broad definitions encourage false allegations of abuse and make it harder for true victims to be heard.

Since its passage in 1994, the Violence Against Women Act (VAWA) has sparked controversy. The ACLU once termed VAWA’s mandatory arrest provisions “repugnant” to the Constitution, and in 2000 the U.S. Supreme Court overturned a VAWA provision designed to provide a federal civil remedy for sex assault cases.

One area of particular controversy centers on VAWA’s immigration provisions, which allow a foreign national to claim to be a domestic violence victim without provision of evidence. Under current law, the accused person is deprived of key due process protections and is barred from submitting evidence of immigration fraud. One civil rights expert termed such provisions “Kafka-esque.” (http://www.mindingthecampus.com/originals/2012/03/the_new_vawaa_threat_to_college_students.html)

Last year the Senate Judiciary Committee invited testimony from Julie Poner, who was a victim of false allegations made by her former husband from the Czech Republic. Saying she had “suffered unimaginable consequences,” Poner lamented the countless men and women “who have lost access to their children, their homes, their jobs, and in some cases their freedom because of false allegations of abuse.” (http://www.judiciary.senate.gov/pdf/11-07-13%20Poner%20Testimony.pdf)

“Our nation was founded on due process protections such as the right of the accused to be advised of the charges, to confront his accuser, and to be afforded the opportunity to refute the accusations,” notes SAVE spokesman Philip Cook. “But under the existing VAWA, the accused is stripped of these Constitutional protections, affording more rights to the accuser than to the American citizen. This is a slap in the face to notions of justice and fairness.”

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to partner violence: www.saveservices.org

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False Allegations Law Enforcement Press Release Violence Violence Against Women Act

PR: VAWA Must Stop Funding Lethal Mandatory Arrest Policies

PRESS RELEASE

Contact: Teri Stoddard
Telephone: 301-801-0608
Email: tstoddard@saveservices.org

VAWA Must Stop Funding Lethal Mandatory Arrest Policies

Washington, DC/May 8, 2012 — States that enacted mandatory arrest policies saw a 60 percent increase in intimate partner homicides, according to a Harvard U. study. Now, Stop Abusive and Violent Environments (SAVE) is calling on lawmakers involved in the reauthorization of the Violence Against Women Act (VAWA) to halt funding for such lethal policies.

Beginning in 1994, VAWA pushed states to change their domestic violence arrest standards from probable cause to the more aggressive mandatory arrest policy. Under mandatory arrest, the accused person is taken away in handcuffs if the police are called, even in the absence of evidence of physical violence.

VAWA’s 2005 reauthorization did away with the mandatory arrest language, but states continued to enforce these harmful policies. SAVE insists that the House of Representatives insert language in its version of VAWA that would stop taxpayer funding of arrest without probable cause.

Victims usually just want an officer’s help to defuse the situation, and are less likely to call for help if it will mean an arrest. So police aren’t there when they are needed most. Harvard researcher Dr. Radha Iyengar explains, “victims don’t want to call the police after the laws are implemented.”

SAVE’s report further details how the spike in homicides—more than 600 intimate partner murders a year—can be attributed to the mandatory arrest policies. http://www.saveservices.org/downloads/Justice-Denied-DV-Arrest-Policies

Besides loss of life, VAWA’s mandatory arrest policies have resulted in a civil rights fiasco by compromising the due process rights of the accused. Nearly 70 percent of those arrested are never convicted of the alleged offense—a sign that Fourth Amendment probable cause protections often are not met.

Said SAVE spokesman Philip W. Cook: “The needless loss of 600 lives each year is a stinging indictment of mandatory arrest. Amazingly, Congress continues to dole out $30 million in taxpayer money each year to support this blinkered policy.”

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to partner violence: www.saveservices.org

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Campus False Allegations Press Release Sexual Assault Victims Violence Violence Against Women Act

PR: False Accusations of Sexual Harassment May Soar, SAVE Warns

PRESS RELEASE

Contact: Teri Stoddard

Email: tstoddard@saveservices.org

False Accusations of Sexual Harassment May Soar, SAVE Warns

Washington, DC/November 8, 2011 – The National Association of Scholars recently released a position paper condemning an Education Department directive that forces colleges to remove fundamental due process protections from persons accused of sexual harassment. The statement describes the Dept. of Education mandate as “ominous,” bordering on the “surreal,” and excluding any mention of free speech.

The National Association of Scholars (NAS) position statement follows similar letters by the American Association for University Professors, the Foundation for Individual Rights in Education, and Stop Abusive and Violent Environments: http://www.saveservices.org/falsely-accused/sex-assault/complaints/

Concerns about false allegations in society have escalated in the past week as a growing number of persons have questioned the validity of accusations by two unnamed women that GOP presidential candidate Herman Cain sexually harassed them over 10 years ago. Leading Democratic politicians have been subjected to false allegations of sexual offenses, as well.

The Department of Education directive mandates that all colleges receiving federal funds change the usual “clear and convincing” standard to “preponderance of evidence.” This low standard requires only that 50.01 percent of the evidence be in favor of an offense having happened in order to reach a conviction.

Of greater concern, the draft of the federal Violence Against Women Act, currently being circulated by Senator Patrick Leahy, proposes to turn the Department of Education directive into statutory law. “It really is strange for a bill to delegate to a federal agency the power to lower due process protections and standards of proof. I believe that is unprecedented,” says Hans Bader of the Competitive Enterprise Institute.

“The consensus among academics is that the proposed VAWA would turn campus disciplinary committees into veritable Kangaroo Courts, thus increasing the number of false allegations by leaps and bounds,” warns SAVE spokesman Philip Cook.

A student who was wrongfully expelled by the University of North Dakota after a cavalier investigation of sexual assault charges against him is a recent example: http://www.saveservices.org/2011/10/falsely-accused-student-will-not-return-to-college-that-wrongfully-expelled-him/

Over the last 20 years, sexual harassment policies on college campuses have become increasingly neglectful of Constitutional protections, reveals the NAS. In one case, a professor of history was handed a pink slip, unaware of the accusation or of a clandestine investigation being conducted against him.

SAVE calls on Senator Leahy’s proposed Violence Against Women Act to protect the civil rights of the accused so the credibility of true victims is not diminished by trivial and non-meritorious claims.

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to partner violence: www.saveservices.org

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False Allegations Press Release Sexual Assault Violence Violence Against Women Act

PR: Bogus Sex Harassment Claims on the Upswing, Says Victim Rights Group

PRESS RELEASE

Contact: Teri Stoddard

tstoddard@saveservices.org

Bogus Sex Harassment Claims on the Upswing, Says Victim Rights Group

WASHINGTON/ November 1 – Following recent publication of sexual harassment claims against presidential candidate Herman Cain, a leading victim-rights organization is deploring the use of such accusations as a political maneuver. Resurrected in the middle of a closely fought political campaign, such allegations rob true victims of their credibility and trivialize the problem, according to Stop Abusive and Violent Environments.

This past Sunday, Politico published an article that recounted charges by two unnamed women of alleged “inappropriate behavior” by Herman Cain when he was the president of the National Restaurant Association. The Politico essay describes the behavior as “conversations allegedly filled with innuendo or personal questions of a sexually suggestive nature” and “physical gestures that were not overtly sexual.”

False allegations of sexual misconduct have been leveled against candidates of both political parties, including former vice president Al Gore and Massachusetts senator Scott Brown.

The former wife of Democratic congressman Al Wynn (Maryland) once threatened to throw herself down a flight of stairs and then accuse him of attacking her in order to “ruin your political career.” In 2006, former Republican congressman John Sweeney (New York) narrowly lost his re-election bid following a planted media account of domestic violence.

The U.S. Supreme Court has held that conduct must be “severe” or “pervasive” in order to be deemed sexual harassment. The women never alleged that Cain made any inappropriate requests or that his behavior was pervasive. The decade-old claim that his comments or gestures were “severe” is unlikely.

“We live in a society in which false claims are on the brink of becoming the norm,” explains SAVE spokesman Philip Cook. “Much of the problem can be traced to federal laws like the Violence Against Women Act that, despite the considerable good they do, in some ways encourage scurrilous accusations.”

SAVE is recommending that the reauthorization of the Violence Against Women Act contain strong language to discourage false allegations, including narrowing definitions of abuse, giving priority to victims with evidence of physical abuse, and providing legal help to the accused on the same footing as accusers: http://www.saveservices.org/pvra

One in 10 persons has been falsely accused of abuse, according to a national survey conducted by SAVE: http://www.saveservices.org/falsely-accused/survey

 

SAVE is a victim rights organization working for evidence-based solutions to domestic violence: www.saveservices.org

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PR: One in 10 Falsely Accused of Abuse: Survey

PRESS RELEASE

Contact: Teri Stoddard

Email: tstoddard@saveservices.org

One in 10 Falsely Accused of Abuse: Survey

Washington, DC/October 17, 2011 — One in 10 adults has been falsely accused of domestic violence, child abuse, or sexual assault, according to a survey conducted by Stop Abusive and Violent Environments (SAVE). The survey also found a strong disparity between the number of males and females falsely accused: more than three quarters of all false accusations are levied against men. Nearly seven in 10 false accusers are female.

The survey is the first of its kind to be undertaken, and uncovers distressing trends within the American abuse-reduction system.

Child abuse is the commonest false charge — about twice as many people have been falsely accused of child abuse as of domestic violence or sexual assault. In over one quarter of cases, the false allegations were made in a child custody case.

“Each year, millions of innocent Americans are falsely accused of abuse,” explains SAVE spokesman Philip W. Cook. “These false allegations can strip persons of their assets, harm their families, and ruin their lives.”

Because of these widespread injustices, Cook said, SAVE has launched its Campaign 2012, a grassroots effort to reform U.S. domestic violence laws: http://www.saveservices.org/campaign-2012/

False allegations of domestic violence often lead to family break-up, which forces children into single parent households. Such children face a far greater risk of juvenile delinquency, school drop-out, and teenage pregnancy. One analysis concluded such allegations lead to $20 billion a year in increased welfare and public benefit costs: http://www.saveservices.org/downloads/False-Allegations-Harm-Families-and-Children

Although past studies have examined false abuse allegations within specified groups, no national inquiry previously had been made. To this end, SAVE commissioned the national telephone survey, which queried 20,000 households around the country during two rounds in May and September 2011. More information about the survey methods and results can be seen here: http://www.saveservices.org/falsely-accused/survey/

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to partner violence: www.saveservices.org.

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CAMP False Allegations Press Release

PRESS RELEASE: Academia Rebels Against the Presumption of Guilt for Men

PRESS RELEASE

Contact: Wendy McElroy, 301-801-0608, wmcelroy@saveservices.org

ACADEMIA REBELS AGAINST THE PRESUMPTION OF GUILT FOR MEN

WASHINGTON, Aug. 24 / U.S. Newswire / — Stop Abusive and Violent Environments is calling on the U.S. Department of Education to rescind a controversial directive. The new DED rule forces persons to abandon their due process rights to get an education. Such persons are considered “guilty until proven innocent” whenever an on-campus sexual accusation occurs.

On April 4, the DED Office of Civil Rights instructed every university that accepts federal funds to use a “preponderance (51%) of evidence” standard in evaluating allegations of sexual offense, including rape. An accuser only needs to ‘tip the scales’ for a professor or student to be found “guilty.”

But the American Association of University Professors (AAUP) is now objecting. The group wants sexual accusations to be judged by a higher standard than traffic courts use for parking tickets.

On June 27, Gregory Scholtz, AAUP’s Director of the Department of Academic Freedom, Tenure, and Governance wrote to DED to protest the “lower standard of proof” that threatens “academic freedom and tenure.”

Then on August 18, AAUP’s Chair of the Committee on Women expressed concern about the “potential for accusations, even false ones, to ruin a faculty member’s career.” Backlash from two separate units of the AAUP is remarkable. Their recognition of false accusations is extraordinary.

“People lie for many reasons including revenge and shame; people also make mistakes. This is why courts presume an accused to be innocent and place the burden of proof on the accuser,” explains SAVE spokesman Phil Cook. “Hard evidence and due process are all the more important in sexual cases that often devolve to ‘he said, she said.’”

As a result of the DED directive, campuses are already beginning to reverse the presumption of innocence. Based on questionable data, men are assumed to be predators and women are said to “never lie” about issues like rape.  By lowering the standards of justice, the OCR is encouraging false accusations.

SAVE applauds the AAUP for its courage in demanding the OCR rescind its April 4th mandate. SAVE urges college student parents to contact the Department of Education to demand for due process for all.

The SAVE letter to the Department of Education can be seen here: http://www.saveservices.org/wp-content/uploads/OCRLetter.pdf. SAVE is a national victim advocacy organization working for evidence-based solutions to domestic violence.

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Dating Violence Domestic Violence False Allegations Press Release

11% Falsely Accused of Abuse, Survey Shows

11% Falsely Accused of Abuse, Survey Shows

WASHINGTON / June 2, 2011 – A national survey of 10,000 Americans reveals 11% report they have been falsely accused of abuse. The first-ever survey of its type probed persons’ first-hand experiences with false allegations of child abuse, domestic violence, and sexual abuse. The study was commissioned by Stop Abusive and Violent Environments.

The survey results headlined a False Allegations Summit, which was held today at the Fairfax Hotel in Washington, DC.

Conducted May 2-4, 2011, the survey also found 15% of respondents personally knew someone who has been falsely accused of abuse. In 81% of the cases the falsely accused person was a male, and in 70% of cases the false alleger was a female. Twenty-six percent of the wrongful accusations were made in the context of a child custody dispute.

“This survey shows tens of millions of Americans have been falsely accused of abuse,” explains SAVE spokesperson Natasha Spivack, “These persons were stamped with the scarlet Abuser label, leaving them to wonder whatever happened to the notion of ‘innocent until proven guilty’.”

The Summit featured statements by leading stakeholder organizations, including the National Association of Criminal Defense Lawyers, Home School Legal Defense Association, American Coalition for Fathers and Children, National Coalition for Men, and Encounters International.

The National Association of Criminal Defense Lawyers statement spotlighted the “immense, often irreparable harm caused to our clients by false allegations, not only to reputation and personal relationships, but often to the accused individual’s livelihood and even heath.”

The Summit also included the emotion-wrought testimonies by four victims of false allegations of abuse.

The False Allegations Summit is being held in the wake of a recent Washington Post front-page article about Sean Lanigan, a local school teacher who was falsely accused of sexual molestation by a 12-year-old student. The article triggered editorial commentaries and citizens’ expressions of disbelief and outrage.

The full survey results can be viewed here: http://www.saveservices.org/false-allegations-awareness-month/survey-results/. The False Allegations Summit is the kick-off to False Allegations Awareness Month in June. More information on the observance can be found here: http://www.saveservices.org/false-allegations-awareness-month/.

Stop Abusive and Violent Environments is a victim advocacy organization working for evidence-based solutions to partner abuse: www.saveservices.org