1. We've had very few donations over the year. I'm going to be short soon as some personal things are keeping me from putting up the money. If you have something small to contribute it's greatly appreciated. Please put your screen name as well so that I can give you credit. Click here: Donations
    Dismiss Notice

What is the appropriate punishment for this crime?

Discussion in 'General Discussions' started by Borla, Jan 19, 2014.

  1. Borla

    Borla Moderator Staff Member

    http://www.thetimesherald.com/article/20140117/NEWS01/301170012/Sara-Ylen-serve-time-prison


    Basically this woman accused a guy of raping her in 2001. By 2003 he was convicted and sentenced to 15-35 years in prison.

    In 2009-11 she falsely claimed she had cancer, collecting ~$100k in donations for her care, which she didn't need.

    By 2012 she began to be investigated for the false cancer scam, at which point she claims ANOTHER rape. Once it is clear that this alleged rape claim was false, the investigation tracks back to her first rape accusation. It becomes clear that the first allegation was false, including her using make-up to fake bruises from the attack and her carving the word "slut" into her own arm.

    Eventually it all comes unraveled and she is charged with falsifying felony reports and the cancer scam.

    Meanwhile an innocent man spent ~10 years in prison for a rape he did not do.





    Standard sentencing in a case of false felony reporting is a year in jail. Due to the severe consequences of this case (an innocent man spent a decade in prison!) the judge sentences her to 5 years (assuming good behavior) in prison.

    While I applaud the idea that she got far more than the typical sentence guidelines suggest she should've, this is still a bit disturbing, and on many levels. First, she ruined the life of an innocent man. Second, I strongly believe that it is the rare case like this that compounds the difficulty that REAL victims have when coming forward with allegations of rape, molestation, or other abuses. In a case where an innocent person actually spends time in jail, I think the minimum sentence should be a function of how long THAT person spent in prison, with an equal stay being the absolute minimum, and a multiplier (1.5-2x, maybe more?) as the guideline.



    Thoughts or opinions?
     
  2. pig

    pig Slightly Tilted Donor

    Well, first that's some fucked up shit.

    Second, I personally think that a variety of factors should weigh in, these being things like the wishes of the actual victim (in this case, the dude), the perpetrators psychological and personal history, and the degree of animosity involved. If the woman is legitimately insane, then perhaps committing her to a mental facility would make more sense.

    The guy is never getting those years back, and there's really nothing you can do about that. I think he should be compensated by the state such that he never has to work again, as the trauma of being in lock up for rape, and all the bullshit he likely suffered as a result, will pretty much ruin his chances of peace going through a traditional trajectory from here on out.

    And I'd dig into how the prosecution failed to realize her claims were fake. Make-up to create fake bruises? How could a competent medical professional not catch that?

    I don't pretend to have the answers to these questions any more. I do know, that if I were in his shoes, there'd be hell to pay for someone.
     
    • Like Like x 1
  3. Lordeden

    Lordeden Part of the Problem

    Location:
    Redneckhell, NC
    I've read about a few of these type of cases with false rape claims; some that are stopped before jail time (but with social stigma for the accused) and others that are found out after jail time. I think the person who falsifies information like this and causes harmful (if not permanent ) damage socially (Look at him he RAPED a woman), financially (legal fees), or legally should have to pay financially or serve an extended sentence based on how much damage was done to the defendant (time, money). He spent 10 years in jail because of your false claims; you spent that same amount of time in jail. I think it’s bullshit that people can get away with doing this and receive no/little punishment for their crime.

    This also makes me a shitlord and I should check my privilege.

    There is a large (and vocal) group of people that feel that this will take away from the rights of rape victims that will make it harder for women to come forward with rape claims. That males already get away with too much (when it comes to oppressing females), so this would just help more men get away with rape.

    Do I think that we should make laws that punish false accusers with greater sentences? Yes.
    Do I think we should push these laws through our judicial system? No.

    The system is already FUBAR’d when it comes to sex all the way around. I think we need to fix the system that’s in place before we place greater blame on one side or another. Women (or men) should not feel ashamed/frightened to come to the police about sexual assault/rape/harassment. Fix the system and cases like this will become rare.
     
    • Like Like x 3
  4. Chris Noyb

    Chris Noyb Get in, buckle up, hang on, & be quiet.

    Location:
    Large City, TX
    She said/he said rape cases without any clear evidence either way pretty much suck.

    The false accuser should serve at least at much time, tens years in this case, as the falsely accused served. Any time she gets for her other crimes should not be concurrent with the original false accusation time.

    My reaction might be considered knee-jerk by some, and they would be right, but only partially. I see many case where women receive far more lenient sentences for crimes that would put a man in prison for a very long time, perhaps even life or the death penalty. Equal rights should mean equal time for equal crimes.
     
  5. Levite

    Levite Levitical Yet Funky

    Location:
    The Windy City
    On the one hand, she deserves considerable punishment. On the other hand, she is clearly insane. I would recommend a sentence of commitment to a mental facility for the criminally insane, for a period of at least ten years.

    That said, I also tend to agree with what @Lordeden said above, about how completely fucked up the entire system is regarding sex and sex crimes, and the degree to which that needs to be fixed before we can truly trust sentencing and punishment to be anything approaching fair.