4 ms·
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 pro
by throw22221221 9y ago
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.
- grasshopperpurp 9y agoDoesn't perjury already apply?
- extra88 9y agoPerjury is a crime against the court. Making a fraudulent claim against a person is a crime against that person.
- grasshopperpurp 9y agoAppreciate the clarification.
- gnicholas 9y agoPerjury 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.
- grasshopperpurp 9y agoThanks 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?