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We Need New Laws to Punish False Accusers

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We Need New Laws to Punish False Accusers

Perses Institute

The law would punish false accusers
with a minimum prison sentence equal
to any jail time served by the victim of
the false accusation. Such a statute might look like this:

18 Stat. § 101: False Accusations of
sexual misconduct.

(a) Any person who makes any
utterance, publication or statement
that states or implies that another
person is guilty of rape or sexual
assault, knowing that the utterance,
publication or statement is false, or,
having reason to know that the
utterance, publication or statement is
false, shall be guilty of a Felony.

(b)  This offense shall be charged as “False sexual reporting.”

(c) There shall be no immunity or
privileges asserted in response to a
charge under subsection (b).

(d) Any person who violates the
provisions of subsection (a) shall
serve a term in prison not less than
any amount of time, including pre
trial confinement that any falsely
accused served as a result of the false
accusation.

(e) Any person who violates the
provisions of subsections (a) or (b)
shall be strictly liable for any
damages the falsely accused victim
incurs as a result of the false
utterance, publication or statement.

(f) Any court entering judgment
against a false accuser under this
provision shall award full restitution
to any falsely accused, including
restitution or damages that arise or
become known after any hearing on
restitution. A victim of a false
accusation of rape or sexual assault
may re-open the issue of restitution in
any criminal proceeding under this
provision, at any time, to seek
additional compensation for
restitution of damages or injuries.

(g) There shall be no statute of
limitations for any charge brought
under this provision.

(h) Any person who violates the
provisions of subsection (a) or (b) of
this provision shall be required to
register as a sex offender under any
applicable state or federal laws.

(i) Punishment under this provision
shall be the minimum prison sentence
as specified in subsection (d) up to
and including twenty-five years in
prison, plus a fine of up to $500,000
or both.