*Content Warning: sexual assault, rape, false reporting and mental illness.Sources:Brittain, A. (2024, October 1). Me Too Movement. Britannica. https://www.britannica.com/topic/Me-Too-movementBrooks SK, Greenberg N. Psychological impact of being wrongfully accused of criminal offenses: A systematic literature review. Med Sci Law. 2021 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7838333/ The Criminal Justice System: Statistics. (n.d.). Rape, Abuse, & Incest National Network.. https://rainn.org/statistics/criminal-justice-systemCriminal Resource Manual. (n.d.). U.S. Department of Justice. https://www.justice.gov/archives/jm/criminal-resource-manual-916-false-statements-federal-investigatorFalse Reporting. (2012, March). National Sexual Violence Resource Center. https://www.nsvrc.org/sites/default/files/2012-03/Publications_NSVRC_Overview_False-Reporting.pdfFalsely Reporting an Incident, Saland Law https://www.new-york-lawyers.org/falsely-reporting-an-incident.html Former Rising Football Star Exonerated in Rape Case. (2012, May 24). ABC News. https://abcnews.go.com/US/rising-football-star-brian-banks-exonerated-rape-case/story?id=16424770Leithead, K. (2022, November 9). False Reports: Percentage. End Violence Against Women International. https://evawintl.org/best_practice_faqs/false-reports-percentage/Mascolo, J. (2023, September 8). Filing a False Police Report. https://www.findlaw.com/criminal/criminal-charges/filing-a-false-police-report.htmlMcNamara, J., & Lawrence, J. (2012, September 1). False Allegations of Adult Crimes. Law Enforcement Bulletin. https://leb.fbi.gov/articles/featured-articles/false-allegations-of-adult-crimesMcNamara JJ, McDonald S, Lawrence JM. Characteristics of false allegation adult crimes. J Forensic Sci. 2012https://pubmed.ncbi.nlm.nih.gov/More Than Twice as Many Americans Support Than Oppose the #MeToo Movement. (2022, September 29). Pew Research. https://www.pewresearch.org/social-trends/2022/09/29/more-than-twice-as-many-americans-support-than-oppose-the-metoo-movement/Perrotto, A. (n.d.). The rarity of false rape reports; a brave new world of technology (PCAR). Pennsylvania Coalition to Advance Respect. https://pcar.org/blog/rarity-false-rape-reports-brave-new-world-technologyTarana Burke. (n.d.). Britannica. https://www.britannica.com/biography/Tarana-BurkeWoman Who Falsely Accused Brian Banks of Rape Ordered to Pay $2.6M. (2013, January 15). KTLA 4. https://www.nbclosangeles.com/news/local/woman-falsely-accused-brian-banks-rape-ordered-to-pay-26m/1971672/ Resources:National Alliance on Mental Illness (NAMI)https://www.nami.org/ National Sexual Violence Resource Center (NSVRC)https://www.nsvrc.org/ Rape, Abuse & Incest National Network (RAINN).https://rainn.org/?_ga=2.262784078.390982495.1727710159-2006450411.1727373347 Follow Something Was Wrong:Website: somethingwaswrong.com IG: instagram.com/somethingwaswrongpodcastTikTok: tiktok.com/@somethingwaswrongpodcast Follow Tiffany Reese:Website: tiffanyreese.me IG: http://www.instagram.com/lookieboo The Data Points cover art is by the Amazing Sara Stewart.
Chapter 1: What is the importance of believing victims?
Hi friends, this is Amy B. Chesler of Season 7 of Something Was Wrong and host of What Came Next. I'm hosting this special episode of Broken Cycle Media's series of informational episodes called Data Points. These episodes will include educational information and support on different topics that are important to our community. Thank you so much for listening.
Chapter 2: What constitutes a false allegation?
In this discussion of false reporting and its detriment on victims and society, we'd like to begin by highlighting how important it is to start by believing. When receiving a report of any kind, no matter the small statistical possibility of it potentially being false, receiving that person safely and with initial openness and understanding can have a vast impact on a victim's trajectory.
Chapter 3: How common are false reports of sexual assault?
According to the FBI, false reporting or a false allegation crime involves persons reporting a fabricated offense that has occurred against them to a law enforcement agency. False allegations can span many crimes, but in this episode, we'll be referring specifically to sexual assault.
Although false reporting of sexual assault does happen and has detrimental repercussions, it's crucial to understand how uncommon it really is. it is nearly impossible to know the exact amount of false sexual assault reports. However, many studies have concluded that the rate of false reporting is estimated to be between 2 and 8%.
Chapter 4: What are the statistics on false allegations?
For example, data on sexual assault cases from the Los Angeles Police Department in 2008 found that 4.5% of the reports were false. Furthermore, the Making a Difference, or MAD, project created by End Violence Against Women International conducted a multi-site study of eight U.S. communities. The study reviewed data collected by nationwide law enforcement agencies
about all sexual assault reports received within an 18 to 24-month period. Of the 2,059 cases that were included in the study, 140, or 7% of them, were classified as a false report of sexual assault. Still, the reported range of 2 to 8 percent for false sexual assault claims might actually be an overestimate.
The National Sexual Violence Resource Center shares how false reporting data inflates because of law enforcement's negligence to follow recommended guidelines and a, quote, weak understanding of sexual assault, end quote. Both men and women make false allegations. However, statistically speaking, women are the perpetrators of false claims the majority of the time.
One PubMed study on the characteristics of false allegation adult crimes shares that 73.3% of false allegations were perpetrated by women and 93.3% of perpetrators were Caucasian. 43.3% of offenders were high school graduates without further education, typically in their late teens or early 20s.
Chapter 5: What impact do false reports have on survivors?
Also, data shows that the majority of allegations were mainly driven by needs for attention and or sympathy, which accounts for 50% of allegations. Overall, 23.3% of perpetrators of false allegations had a previous criminal record. According to the FBI, some rationale behind false reporting may be because of, quote,
However, no matter who reports false claims and why they do it, it's essential to recognize that false reporting of sexual assault is a criminal offense that profoundly affects survivors and the criminal justice system for a variety of reasons. And although the projected percentage of false reports is low, it still deeply affects how survivors decide to report the real crimes they experience.
In fact, the Rape, Abuse, and Incest National Network reports the majority of sexual assaults are not reported to the police at all. The reporting rates are actually staggering. Only 310 out of every 1,000 sexual assaults are reported to police, meaning that more than 2 out of 3 sexual assaults go unreported. There are many reasons why survivors choose not to move forward in reporting this crime.
Chapter 6: How does law enforcement handle reports of sexual assault?
Individuals may be wary of reporting because of re-traumatization that can happen through the questioning and investigation process. Additionally, they may fear that law enforcement won't take their claims seriously. This reason correlates with the impact of false reports, no matter how few allegations are actually false.
According to the International Association of Chiefs of Police, or IACP, law enforcement should uphold, "...the determination that a report of sexual assault is false only if the evidence establishes that no crime was committed or attempted."
The FBI and IACP created a set of guidelines with factors that should be excluded when determining if reports are legitimate or false, including insufficient evidence to proceed to prosecution, delayed reporting, victims deciding not to cooperate with investigators, or inconsistencies in a victim's statement. To some, these points may lead you to believe a false report occurred.
However, considering how traumatic a violation like a sexual assault can be on a victim's brain, a more nuanced approach must be required while evaluating reports to ensure that all elements are considered.
Even though there are some guidelines put in place by law enforcement when it comes to reviewing sexual assault reports, they need to be widely known and consistently practiced to ensure stronger care for survivors when coming forward. Filing a false police report misleads law enforcement and undermines the criminal justice system.
This action has dangerous repercussions because it forces officers to pursue unnecessary investigations, diverting valuable resources away from addressing real crimes and aiding real survivors in their community.
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Chapter 7: What are the consequences of filing a false police report?
To add, the notion that a false report can occur leaves some responders highly critical when actual survivors of a sexual assault come forward with their claims, which is detrimental to all parties involved. False reporting not only harms real survivors and strains law enforcement, but also devastates those falsely accused. The case of Brian Banks illustrates this severity.
In 2002, when Banks was just 16, his high school acquaintance, Juanita Gibson, falsely accused him of rape. To avoid a potential 41-year prison sentence, he pleaded no contest and was sentenced to six years. In 2011, Gibson admitted there was no rape. Thankfully, Banks was ultimately exonerated and his conviction was overturned.
While he eventually lived out his NFL dreams with the Atlanta Falcons, the lasting damage from the false report on Banks and his loved ones is undeniable.
A 2021 study found that those falsely accused experience extreme psychological and psychosocial impacts, such as feelings of losses related to their sense of self, damage to their reputation, and newfound mental health diagnoses and symptoms like PTSD and depression.
Chapter 8: What can we learn from the case of Brian Banks?
Although false reports have profound repercussions, it's important to highlight how much movements like Hashtag Me Too have validated survivors of sexual assault. The Me Too movement was a global initiative to raise awareness regarding sexual harassment and sexual abuse, specifically of women in the workplace.
In 2006, Tarana Burke regularly used the quote, me too, in response while speaking with survivors of sexual assault. However, the phrase and movement became popularized in 2017 in response to the reports of sexual abuse perpetrated by American film producer Harvey Weinstein.
Actress Melissa Milano tweeted Burke's coined phrase, hashtag Me Too, which ignited a social media movement that heightened awareness, empowered survivors, and prompted significant cultural and workplace transformations. In response, some states in the U.S.
have abolished statutes of limitations for reporting sex abuse-related crimes and banned non-disclosure agreements, or NDAs, that were created to prevent allegations from being publicly available. Even though the MeToo movement explicitly discusses sexual harassment in the workplace,
Its sentiments bled into other aspects of life too, which led to more people collectively believing and listening to victims. A 2022 Pew Research study proved how valuable and seriously Americans have taken the Me Too movement. Seven in 10 U.S.
adults across multiple demographics and partisan lines say that compared to 2017, people who commit sexual harassment or assault in the workplace today are more likely to be held accountable for their actions. Also, roughly 6 in 10 Americans believe that the individuals who report harassment or assault at work are now more likely to be believed.
Pew Research additionally reports that overall, a small percentage of Americans think that false reporting of incidents of sexual harassment or assault in the workplace are frequent. More importantly, nearly half, at 46%, say it's extremely or very common for individuals who experience sexual harassment or assault at work not to report them at all.
Despite these statistics and common beliefs among Americans, 18% of respondents still oppose the Me Too movement because of the potential of false allegations. Still, the Me Too movement has proven helpful in believing survivors and holding perpetrators accountable. It has also brought a lot of attention to the power of believing and supporting survivors in general.
Many still view the possibility of false reports as a reason to oppose the movement. This skepticism ultimately leads to a reluctance to believe survivors of sexual assault in any context. Even though these statistics and this information are widely available, some perpetrators will still choose to make a false report regardless of the detriment. It is nearly impossible to stop these perpetrators.
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