Lawsuit: Sexual harassment ‘victim’ was San Francisco business rival in disguise

Re:Lawsuit: Sexual harassment ‘victim’ was San Francisco bus... by pyre on Wednesday July 26, 2017 @09:12AM (#14855903)

The issue that you're missing is that "sexual assault fraud" can be claimed in cases where there is actual sexual assault, but it is a he-said/she-said situation. That is where the "chilling-effect" comes in. Sexual assault cases are many times he-said/she-said situations, so any victim reporting runs the risk of getting accused of (and needing to defend themselves from) "sexual assault fraud" in addition to trying to pursue actual charges (where the defence will spend a lot of time trying to assault the victim's character, basically calling them a "slut" in open court).

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Re:Lawsuit: Sexual harassment ‘victim’ was San Francisco bus... by throw22221221 on Wednesday July 26, 2017 @09:24AM (#14855988)

For the crime of sexual assault to be proven, you need more than a he said/she said.

For the crime of perjury to be proven, you also need more. Substantive proof of lying, not just 'the guy did not get convicted'.

I don't think there is a chilling effect when you use a standard of proof to admit a claim of fraud.

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Re:Lawsuit: Sexual harassment ‘victim’ was San Francisco bus... by grasshopperpurp on Wednesday July 26, 2017 @10:12AM (#14856296)

Doesn't perjury already apply?

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Re:Lawsuit: Sexual harassment ‘victim’ was San Francisco bus... by gnicholas on Wednesday July 26, 2017 @11:28AM (#14857028)

Perjury would apply to testimony given under oath, which happens at a trial. But most cases don't go to trial, of course. You could also get nailed on "filing a false police report", which is earlier in the process.

But for matters adjudicated by universities, it's possible that neither of these apply, since official police reports are not necessarily filed, and testimony is not given in a courtroom, under oath.

More generally, you could claim defamation. This is not a crime though — it is a civil matter. If the defamer has no assets, it would be an expensive way to make a point ("I didn't do it!") and could lead to the Streisand Effect.

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Re:Lawsuit: Sexual harassment ‘victim’ was San Francisco bus... by grasshopperpurp on Wednesday July 26, 2017 @12:18PM (#14857570)

Thanks for breaking that down. Do you think the safeguards (filing a false police report or perjury if in court) are enough? And, if not, do you see any way to implement a law that would not harm sexual abuse victims as a byproduct?

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Re:Lawsuit: Sexual harassment ‘victim’ was San Francisco bus... by extra88 on Wednesday July 26, 2017 @11:24AM (#14856969)

Perjury is a crime against the court. Making a fraudulent claim against a person is a crime against that person.

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Re:Lawsuit: Sexual harassment ‘victim’ was San Francisco bus... by grasshopperpurp on Wednesday July 26, 2017 @12:14PM (#14857531)

Appreciate the clarification.

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