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This article's lead section may be too short to adequately summarize the key points. Please consider expanding the lead to provide an accessible overview of all important aspects of the article. (December 2018)

A false accusation of rape is the reporting of a rape where no rape has occurred. This is an emotionally and politically charged topic, making it difficult to assess the true prevalence of false rape allegations. Estimates vary from 2% to 10% or more of rape allegations made to police or campus authority are proven false after a thorough investigation establishes that no crime was committed or attempted. Due to low conviction rates, there is a very large percentage of allegations which are neither designated as false nor end in a conviction, resulting in a high degree of uncertainty over how many of those cases is based on false accusation. Additionally, data here mostly pertains to accusations brought to authorities, rather than claims made to acquaintances or media outlets.

Causes

Causes of false accusations of rape may fall into two categories: false memories (accidental self-deception) or lies (attempted deliberate deception of others).

False memories

There are several ways in which an alleged victim can accidentally come to believe that they have been raped by the person(s) they accuse. These include, but are not limited to:

• Recovered memory therapy: memories of sexual abuse 'recovered' during therapy in the absence of any supporting evidence, based on the Freudian notion of "repression"
• The victim's confusion of the memory of the real rapist with the memory of someone else
• Memory conformity: memory can become contaminated when co-witnesses discuss their recall of events

Lies

An accuser may have several motivations to falsely claim they have been raped. There is disagreement on into how many different categories these may be put. Kanin (1994) put them in three: revenge, producing an alibi or to get sympathy/attention. Author Sandra Newman listed four categories in 2017. According to De Zutter et al. (2017), Kanin's division is inadequate and one should recognise eight distinct categories in total:

• Material gain: to receive money, professional promotion or other material benefits.
• Producing an alibi: a false allegation is used to cover up other behaviour, such as being late or absent to an appointment.
• Revenge: to retaliate against a disliked person by damaging the reputation, freedom or finances.
• Attention: an attempt to receive any kind of attention, positive or negative, by anyone.
• Sympathy: a special kind of attention-seeking whereby the complainant tries to improve a personal relationship with a specific individual.
• 'A disturbed mental state'; this may include false memories ("sexual hallucinations") or pathologic lying.
• Relabeling: consensual sex is relabeled 'rape' to the police, because of its 'disappointing or shameful character'. De Zutter et al. argue that a distinction should be made between some acts during a consensual sexual encounter that a participant did not want or had no desire to engage in but nonetheless gave consent to (e.g. to please their partner) on the one hand, and rape (nonconsensual sex) on the other, but that many lay people and even some scholars do not make this distinction and confuse the two. It is often when accounts of such 'unwanted consensual sex' are told to friends and family that the latter interpret it as rape, and put the complainant under pressure to file an allegation.
• Regret: after having had consensual sex, a complainant experiences negative feelings such as disgust, shame, and sorrow; when others notice this and ask about the source of these negative feelings, they are prone to view the encounter as rape and put the complainant under pressure to file an allegation.

'Don't know'

According to De Zutter et al. (2017), 20% of complainants said that they did not know why they had filed a false allegation.

Estimates of prevalence

It is extremely difficult to assess the prevalence of false accusations, even to law enforcement. DiCanio (1993) states that while researchers and prosecutors do not agree on the exact percentage of cases in which there was sufficient evidence to conclude that allegations were false, they generally agree on a range of 2% to 10%. However, the rate of cases determined by law enforcement to be untrue may not reflect the real figure of false allegations brought forward; as with determining an allegation is true in a court of law, it is very difficult to determine an allegation to be false. Thus, a high percentage of allegations are not shown to either be false or true by law enforcement.

Another complicating factor is that data regarding false allegations generally do not come from studies designed to estimate the prevalence of false allegations; rather, they come from reviews of data regarding investigations and prosecutions within criminal justice systems. The goal of such investigations is to determine whether or not there is any evidence to move forward towards prosecution, not to classify cases as "false" or "true".

Archives of Sexual Behavior (2016)

Claire E. Ferguson and John M. Malouff conducted a meta-analysis of confirmed false rape reporting rates in the Archives of Sexual Behavior in 2016, and found that 5.2% of cases were confirmed false rape reports. The authors note that the "total false reporting rate... would be greater than the 5% rate found here" if possible false allegations were also included alongside confirmed allegations.

Los Angeles Police Department (2014)

Researchers Cassia Spohn, Clair White and Katharine Tellis examined data provided by the Los Angeles Police Department in the US from 2008, and found that false reports among rape cases was about 4.5 percent. However, their reporting of the data is disputed by what was originally given by the police department. Only reports that were later recanted (2.2%) or were evidenced to be untrue (2.3%) were included in the 4.5% figure; there number of false reports that did not meet these criteria is unknown.

Crown Prosecution Service report (2011–2012)

A report by the Crown Prosecution Service (CPS) examined rape allegations in England and Wales over a 17-month period between January 2011 and May 2012. It showed that in 35 cases authorities prosecuted a person for making a false allegation, while they brought 5,651 prosecutions for rape. Keir Starmer, the head of the CPS, said that the "mere fact that someone did not pursue a complaint or retracted it, is not of itself evidence that it was false" and that it is a "misplaced belief" that false accusations of rape are commonplace. He added that the report also showed that a significant number of false allegations of rape (and domestic violence) "involved young, often vulnerable people. About half of the cases involved people aged 21 years old and under, and some involved people with mental health difficulties. In some cases, the person alleged to have made the false report had undoubtedly been the victim of some kind of offence, even if not the one that he or she had reported."

Lisak (2010)

David Lisak's study, published in 2010 in Violence Against Women, classified as demonstrably false 8 out of the 136 (5.9%) reported rapes at an American university over a ten-year period.

Applying IACP guidelines, a case was classified as a false report if there was evidence that a thorough investigation was pursued and that the investigation had yielded evidence that the reported sexual assault had in fact not occurred. A thorough investigation would involve, potentially, multiple interviews of the alleged perpetrator, the victim, and other witnesses, and where applicable, the collection of other forensic evidence (e.g., medical records, security camera records). For example, if key elements of a victim's account of an assault were internally inconsistent and directly contradicted by multiple witnesses and if the victim then altered those key elements of his or her account, investigators might conclude that the report was false. That conclusion would have been based not on a single interview, or on intuitions about the credibility of the victim, but on a "preponderance" of evidence gathered over the course of a thorough investigation."

The language used in this report indicates possible bias, as the word "victim" is used to refer to the accuser, even if their account is contradicted by evidence. However, this does not appear to have affected reporting of the data, and the reporting agency did not use this language. The paper also demonstrates the meaning of the 5.9% figure in conjunction with other statistics:

Of the 136 cases of sexual assault 8 (5.9%) were coded as false reports, 61 (44.9%) did not proceed to any prosecution or disciplinary action, 48 (35.3%) were referred for prosecution or disciplinary action, and 19 (13.9%) contained insufficient information to be coded...

This data shows that most of the remaining reports did not result in a prosecution for the accused, showing again that an unknown number of the reports could have been false in addition to the 5.9%.

Burman, Lovett & Kelly (2009)

In a study of the first 100 rape reports after April 1, 2004, in Scotland, researchers found that about 4% of reports were designated by police to be false. In a separate report by the same researchers that year which studied primary data from several countries in Europe, including Austria, Belgium, England, France, Germany, Greece, Hungary, Ireland, Portugal, Scotland, Sweden, and Wales, found the average proportion of reports designated by police as false was about 4%, and wasn't higher than 9% in any country they studied. They noted that cases where the police doubt the allegation may be "hidden in the ‘no evidence of sexual assault’ category" instead of designated false category and suggested more detailed research into explicating both categories.

Rumney (2006)

A 2006 paper by Philip N.S. Rumney in the Cambridge Law Journal offers a review of studies of false reporting in the US, New Zealand and the UK. Rumney draws two conclusions from his review of literature. First, the police continue to misapply the "no-crime" or "unfounding" criteria. Studies by Kelly et al. (2005), Lea et al. (2003), HMCPSI/HMIC (2002), Harris and Grace (1999), Smith (1989), and others found that police decisions to no-crime were frequently dubious and based entirely on the officer's personal judgment. Rumney notes that some officers seem to "have fixed views and expectations about how genuine rape victims should react to their victimization". He adds that "qualitative research also suggests that some officers continue to exhibit an unjustified scepticism of rape complainants, while others interpret such things as lack of evidence or complaint withdrawal as 'proof' of a false allegation".

Rumney's second conclusion is that it is impossible to "discern with any degree of certainty the actual rate of false allegations" because many of the studies of false allegations have adopted unreliable or untested research methodologies. He argues, for instance, that in addition to their small sample size, the studies by Maclean (1979) and Stewart (1981) used questionable criteria to judge an allegation to be false. MacLean deemed reports "false" if, for instance, the victim did not appear "dishevelled" and Stewart, in one instance, considered a case disproved, stating that "it was totally impossible to have removed her extremely tight undergarments from her extremely large body against her will".

Rumney's conclusions reflect difficulties with finding accurately how often false allegations really occur, in part based on biased judgment by researchers. There is also variability in how the false rates were reported; the studies varied widely not only in methodology the researchers used to determine falsehood, but also in whether they chose to report only falsehood or also report accusations that could be true or false.

Home Office study (2005)

The Home Office on UK rape crime in 2005 released a study that followed 2,643 sexual assault cases from initial reporting of a rape through to legal prosecutions. The study was based on 2,643 sexual assault cases, of these, police classified 8% as false reports based on police judgement, and the rate was 2.5% when determined using official criteria for false reports. The researchers concluded that "one cannot take all police designations at face value" and that "here is an over-estimation of the scale of false allegations by both police officers and prosecutors." However, the researchers were again looking into reports that could be confirmed as false, and cannot know the true rate of false reports. Accusers can come forward with a false allegation, knowing that their words will be difficult to confirm as being false. The prevalence is these reports is difficult to distinguish from genuine reports that were not adequately substantiated.

FBI statistics (1995–1997)

In the US, FBI reports from 1995, 1996, and 1997 consistently put the number of "unfounded" forcible rape accusations around 8%. In contrast, the average rate of unfounded reports for all "index crimes" (murder, aggravated assault, forcible rape, robbery, arson, burglary, larceny-theft, and motor vehicle theft) tracked by the FBI is 2%. This estimate, however, does not appear in subsequent FBI reports. This estimate was criticised by academic Bruce Gross as almost meaningless as many jurisdictions from which FBI collects data use different definition of "unfounded", which, he wrote, includes cases where the victim did not physically fight off the suspect or the suspect did not use a weapon, and cases where the victim had a prior relationship to the suspect.

Kanin (1994)

In 1994, Eugene J. Kanin of Purdue University investigated the incidences of false rape allegations made to the police in one small urban community in the Midwest United States (population 70,000) between 1978 and 1987. He states that unlike in many larger jurisdictions, this police department had the resources to "seriously record and pursue to closure all rape complaints, regardless of their merits". He further states each investigation "always involves a serious offer to polygraph the complainants and the suspects" and "the complainant must admit that no rape had occurred. She is the sole agent who can say that the rape charge is false".

The number of false rape allegations in the studied period was 45; this was 41% of the 109 total complaints filed in this period. The researchers verified, whenever possible, for all of the complainants who recanted their allegations, that their new account of the events matched the accused's version of events.

After reviewing the police files, Kanin categorized the false accusations into three broad motivations: alibis, revenge, and attention-seeking. These motivations were assigned prevalence of roughly 50%, 30%, and 20% respectively. This categorization was supported by the details of complainant recantations and other documentation of their cases.

Kanin also investigated the combined police records of two large Midwestern universities over a three-year period (1986–1988), and found that 50% of the reported forcible rapes were determined to be false accusations (32 of the total 64). No polygraphs were used, the investigations were the sole responsibility of a ranking female officer, and a rape charge was only counted as false under complainant recantation. In this sample, the motivations mentioned above were roughly evenly split between alibi and revenge, with only one case characterized as attention-seeking.

Criticism

Critics of Kanin's report include David Lisak, an associate professor of psychology and director of the Men's Sexual Trauma Research Project at the University of Massachusetts Boston. He states, "Kanin's 1994 article on false allegations is a provocative opinion piece, but it is not a scientific study of the issue of false reporting of rape. It certainly should never be used to assert a scientific foundation for the frequency of false allegations."

According to Lisak, Kanin's study lacked any kind of systematic methodology and did not independently define a false report, instead recording as false any report which the police department classified as false, whereas Kanin stated that the women filing the false allegations of rape had recanted. The department classified reports as false which the complainant later said were false, but Lisak points out that Kanin's study did not scrutinize the police's processes or employ independent checkers to protect results from bias.

While also noting some of the same criticisms of Kanin, Rumney's 2006 metastudy of US and UK false rape allegation studies adds that "if, indeed, officers did abide by this policy then the 41% could, in fact, be an underestimate given the restrictive definition of false complaints offered by the police in this study. The reliability of these findings may be somewhat bolstered by the fact that the police appeared to record the details and circumstances of the fabrications."

Bruce Gross writes in the Forensic Examiner that Kanin's study is an example of the limitations of existing studies on false rape accusations. "Small sample sizes and non-representative samples preclude generalizability." Philip N.S. Rumney questions the reliability of Kanin's study stating that it "must be approached with caution". He argues that the study's most significant problem is Kanin's assumption "that police officers abided by departmental policy in only labeling as false those cases where the complainant admitted to fabrication. He does not consider that actual police practice, as other studies have shown, might have departed from guidelines."

Police handling of rape reports

A report which covers handling of accusations shows that many cases brought forward were discontinued before reaching court due to lack of evidence. About 4% of reports were designated as false. The sample reached a conviction rate of 16%, showing that the vast majority of cases brought forward were not proven to have occurred. Thus, the number of false cases reported to authorities was unknown and could have fallen within a large range of percentages (4% to 84%). This issue with imprecision is common in attempts to estimate false accusation rates.

Possible effects of media representation

There are studies about the extent which the media affects the public perception of false rape accusations. Incorrect assumptions about false rape allegations increases the likelihood that a person who reports rape will be blamed or disbelieved. Megan Sacks in Deviant Behavior says that the media perpetuates rape myths when reporting on sexual assaults. Rapes that are reported in news media are typically sensational and do not often correspond with the reality of most rapes, for example, the majority of sexual assaults are committed by someone the person knows as opposed to a stranger. Sacks says, the media also normalizes sexual violence in general, often blames the person who reported the assault, and commonly expresses sympathy for the alleged perpetrators instead of the victim. Laura Niemi, a postdoctoral psychology associate at Harvard University, speculated that mythologizing of rape could contribute to the idea that "no normal person" could rape. As a result, the people commonly had a difficult time believing someone they know or like is a rapist, and this could contribute to the idea that the person who reported the rape is at fault.

In the European Journal of Psychology Applied to Legal Context, André De Zutter and a team described how false rape allegations often resemble stories of rape portrayed in the media, which are not typical of most true incidents of rape. False stories tend to be quick and straightforward with few details or complex interactions, and usually involve only vaginal intercourse. Some behaviors associated with lying by juries is actually typical of true rapes, including kissing or a previous relationship with the rapist. True rape reports often include many details rarely seen in media or false rape reports, for example pseudo-intimate actions, detailed verbal interactions and an otherwise wide range of behaviors besides simply face-to-face vaginal intercourse.

Consequences of false accusations in the UK

Individuals suspected of making a false accusation of rape may be charged with the civil crime of "wasting police time" or the criminal charge of "Perverting the Course of Justice". Over a five-year period ending in 2014, a total of 109 women were prosecuted for crimes related to making false accusations of rape. The report did not indicate the verdicts following prosecution. Another report identified 121 charging decisions involving allegations of false accusations of rape and an additional 11 false allegations of both domestic violence and rape between January 2011 and May 2012 and found of these cases, 35 were prosecuted based upon false accusations of rape. A further 3 were prosecuted based upon charges of false accusations of both rape and domestic abuse. The report did not indicate the verdicts following prosecution.

Allegations of rape during the Jim Crow era

In 1895, Ida B. Wells published The Red Record which documented lynchings from 1892 and their causes. She compiled statistics of 241 lynchings which showed that rape and murder were the two most common reasons used to justify lynchings. Wells found little evidence that victims were lynched because they had committed rape or some other offense. Instead she found that African American businesses were competing with white-owned businesses and in some cases African American men had consensual sexual relationships with white women and were lynched after the relationships were discovered by other people. Subsequent analyses have confirmed Wells' argument that economic competition led to lynchings and found that lynchings increased during difficult economic times.

In Louisiana between 1889 and 1896 rape was the second most common reason used to justify a lynching. In a survey done in the 1930's of a small town in Mississippi, 60 percent of respondents stated that lynching was an appropriate response to a case of rape and that it was necessary to maintain law and order and protect white women.

Notable events

There are several notable cases of violence after an accusation of rape during the Jim Crow era.

In the Tulsa race riot of 1921 mobs killed 36 people and hospitalized an additional 800 people. The riot began over an allegation that a black man had attempted to rape a white 17 year-old elevator operator.

The Rosewood massacre of 1923 began after a white woman in nearby Sumner claimed she had been raped by a black man from Rosewood. An angry mob surrounded a house with black residents and a standoff ensued. The mob killed several people inside and two white people were killed outside. This attracted additional angry mobs who razed Rosewood. Black residents fled into the forest, escaped in cars, and on a train. At a minimum, eight black people and two white people were killed but it is possible that as many 150 black residents were killed.

Two white women accused the Scottsboro Boys, a group of nine African American boys and young men, of rape on a train in 1931. Eight of the boys were found guilty and the case was appealed to the Alabama Supreme Court and then twice to the United States Supreme Court. In Powell v. Alabama the Supreme Court reversed the Alabama Supreme Court decision because the Court found that the defendants had inadequate counsel. In Patterson v. Alabama the Supreme Court sent the case back to Alabama for retrial on the grounds that there were no black jurors in their trials, a violation of the Equal Protection Clause of the Fourteenth Amendment. Eight of the nine Scottsboro boys were ultimately found guilty and received long prison sentences.

Racially charged allegations of rape continue to the present time. In the Central Park jogger case, one hispanic and four black teens were found guilty of raping a white woman in 1989. Their cases were vacated in 2002 and they received a $41 million settlement in 2014.

See also

• "A Rape on Campus" – a fabricated story about an alleged rape near the campus of the University of Virginia
• Brian Banks – an example from 2002
• Centurion Ministries – advocacy
• Death of Eleanor de Freitas
• Duke lacrosse case – an example from 2006
• False allegation of child sexual abuse
• Families Advocating for Campus Equality (FACE)
• Hofstra University rape case
• Innocence Project – advocacy
• Joseph (Genesis)
• List of abuse allegations made via facilitated communication
• Recovered memory therapy
• Runaway bride case
• Scottsboro Boys – an example from 1931
• Tawana Brawley rape allegations – an example from 1987
• Treva Throneberry

References

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Further reading

• Belknap, Joanne (December 2010). "Rape: Too Hard to Report and Too Easy to Discredit Victims". Violence Against Women. 16 (12): 1335–1344. doi:10.1177/1077801210387749. PMID 21164211.
• Gilmore, Leigh (2018-08-04). TAINTED WITNESS : why we doubt what women say about their lives. COLUMBIA UNIVERSITY PRESS. ISBN 9780231177153.
• Lisak, David; Gardinier, Lori; Nicksa, Sarah C.; Cote, Ashley M. (2010). "False Allegations of Sexual Assualt [sic]: An Analysis of Ten Years of Reported Cases". Violence Against Women. 16 (12): 1318–34. doi:10.1177/1077801210387747. PMID 21164210.
• Miller, T. Christian (2018). A False Report: A True Story of Rape in America. ISBN 978-1524759933.

External links

• Dr. Carol Tavris' presentation at TAM 2014 Who's Lying, Who's Self-Justifying? Origins of the He Said/She Said Gap in Sexual Allegations (online video)

v t e Miscarriage of justice
Types of misconduct	Prosecutorial misconduct Police misconduct Police corruption Selective prosecution Malicious prosecution Selective enforcement Abuse of process Attorney misconduct Bad apples Abuse of discretion Entrapment False arrest Gaming the system Legal malpractice Kangaroo court Show trial Sharp practice Jury tampering Witness tampering Brady disclosure Spoliation of evidence Civil wrong
False evidence	False confession Forced confession False accusation Rape Child sexual abuse Police perjury Mistaken identity Eyewitness memory Eyewitness identification Cross-race effect Misinformation effect Tampering with evidence Frameup
Wrongful convictions	List of wrongful convictions in the United States List of exonerated death row inmates List of miscarriage of justice cases Overturned convictions in the United States Wrongful execution
Advocacy	Innocence Project National Registry of Exonerations Investigating Innocence
Contributing factors	Race in the United States criminal justice system Innocent prisoner's dilemma Blue wall of silence Racial profiling Loophole Ineffective assistance of counsel Prosecutor's fallacy
Norms and remedies	Legal ethics Exculpatory evidence Right to a fair trial Actual innocence Equal Protection Clause Innocence Protection Act
Related concepts	Capital punishment in the United States Batson v. Kentucky List of death row inmates in the United States
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