Kobe Bryant, Rape Shield Laws, and the False Accusations Problem

For 16 years former Colorado prosecutor Craig Silverman was known for his zealous prosecution of rapists--prosecutions which have resulted in thousands of years of prison time for those convicted. Yet he is also critical of what he calls the "politically correct victims advocate's view" held by many Colorado prosecutors of "always believe the woman." He says:

"During my time as a prosecutor who made case filing decisions, I was amazed to see all the false rape allegations that were made to the Denver Police Department. It was remarkable and surprising to me. You would have to see it to believe it. Any honest veteran sex assault investigator will tell you that rape is one of the most falsely reported crimes that there is. A command officer in the Denver Police sex assaults unit recently told me he placed the false rape numbers at approximately 45 percent."

Several studies show that false rape allegations are a serious problem. For example, in an Air Force study of 556 rape accusations, in 27 percent of the cases the accusers admitted, either just before taking a polygraph test or after failing one, that they had lied. An independent review later examined the claims and concluded that 60% of the 556 rape claims were false. Two studies discussed by researcher Eugene Kanin put the rate of false allegations between 41% and 50%.

Silverman and Fox News Columnist Wendy McElroy joined Glenn to discuss the Kobe Bryant case, rape shield laws, and the problem of false accusations. To listen to the archive of the show, click here and scroll down to "Listen to the Show."

To learn more about the prevalence of false accusations of rape, see An alarming national trend: False Rape Allegations by Eugene J. Kanin, Ph.D. and David Throop's False Rape Reports from Adults. 

Also, see McElroy's Fox News columns Prosecutor Grandstanding Undermines Justice (1/6/04) and "False Rape Charges Hurt Real Victims " (7/22/03).

To learn more about the Bryant case, see Silverman's Are Those White Flags? (3/2/04) and Role Reversal (2/4/04).

In addition, Brian Carnell of www.EquityFeminism.com has written several informative articles on false accusations--see:
Leniency for False Rape Accuser in the UK (10/6/2003)
Conviction in False Rape Case Yields 9 Month Sentence (8/25/2003)
Tucker Carlson and False Rape Accusations (7/27/2003)
How blind should justice be? (4/14/2000)

Also, see Hugh Nation's Some Facts About Rape and False Accusations of Rape (Transitions: Journal of Men's Perspectives, 12/94).