Forensic Victimology 2nd Edition

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Forensic Victimology 2nd Edition

• Chapter Nine False Allegations of Crime

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False Allegations of Crime

• A false allegation, or a false report, is a false
  statement, accusation or complaint to authorities
  alleging a crime that did not occur. In most
  jurisdictions, this is itself a crime. In such
  cases, the alleged victim is actually a criminal
  offender subject to legal consequences.
• While the potential categories for false reports
  are quite large, this chapter discusses false
  allegations of sexual assault and abduction the
  types of crime representing the majority of false
  reports.

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False Allegations of Crime

• False Allegations of Abduction
• False allegations of abduction serve the same
  purpose as other false reports, including alibi,
  sympathy, profit, deflection of responsibility,
  etc.
• There appears to be more community and
  professional willingness to prosecute false
  reports of abduction than of rape.

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False Allegations of Crime

• False Allegations of Sexual Assault
• The professional literature on the subject of
  false reports remains scarce.
• There have been very few studies conducted to
  ascertain false report rates or percentages.
• This is due to the fact that many researchers
  fear being maligned, black-listed, or threatened
  with sanctions should their findings not be
  politically acceptable.

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The Literature

• Politicians, victims advocates, and new articles
  claim that the nationwide false report rate for
  rape and sexual assault is almost nonexistent,
  citing a figure around 2. However, there is no
  published study or data to support any claim that
  this number is accurate.

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The Literature

• The rate of false reporting for rape varies from
  city to city, from state to state, and from
  region to region.
• The FBIs national average, which includes only
  reporting police agencies, suggests a false
  report rate of around 8.
• Given other contextual support for higher rates
  of false reporting throughout the country, this
  should be viewed as the most conservative
  estimate.

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Red Flags

• Dietz and Hazelwood proposed twenty false report
  red flags that have appeared in false allegations
  cases.
• The authors believe that some red flags have
  investigative value under the right conditions.
  However, many of them are too vague and
  subjective to be of use on their own.

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Review of Victim Report

• The interview with an alleged victim of sexual
  assault is perhaps the most vital part of a sex
  crimes investigators effort to establish the
  facts of a case.
• Unfortunately, it is common for even seasoned
  investigators to accept an alleged victims
  statement or story without question or suspicion.
  
• The interviewer should confront the alleged
  victim with any contradictions between his or her
  statements and the physical evidence.
• Any contradictions need to be explained by the
  victim, not the interviewer.

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The BAFRI

• The BAFRI (Baeza False Report Index) is a list of
  red flags for false reporting, each indicating
  the need for further investigation.
• They can and will exist in legitimate cases, but
  when these elements present, they must be
  examined, understood, and explained.
• This index should be used as a guide only. These
  red flags suggest only the possibility that the
  allegations may be false and that further
  investigation is needed.

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The BAFRI

• A female victim has demanded to speak with a
  female officer of investigator.
• A female victims husband, boyfriend, or other
  intimate partner has forced her to report the
  alleged crime, rather than having reported the
  crime of her own volition.
• A victims parents have forced her to report the
  alleged crime, rather than having reported the
  crime of her own volition.
• A victim, most often under age, has returned home
  after his or her curfew.
• A victim states that he or she was abducted at a
  busy intersection during the day. And there are
  no witnesses to the incident.

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The BAFRI

• A victim stated that he or she was attacked by a
  masked offender in the middle of the day on a
  busy street.
• A victim is in a drug rehabilitation program and
  is out past curfew.
• A pregnant female victim is forced by a parent or
  guardian to report the crime to police.
• A victim cannot describe the suspect nor provide
  details of the crime.
• A victim has previously been charged with falsely
  reporting an incident.

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The BAFRI

• A victim has previously reported a similar crime
  to police.
• A victim focuses on relocating to a new home or
  apartment during the investigation.
• A victim focuses on initiating a lawsuit or on
  monetary gain during the investigation.
• A victim displays TV behavior when initiating a
  complaint, mimicking the way that stereotypical
  victims act on television and in film.
• The victim cries at crucial points in the
  interview to avoid answering key questions.
• The victim has a long psychiatric history.

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False Reports of Crime

• One of the authors of this chapter, McGrath,
  suggests conceptualizing the assessment of a
  false report as a three-pronged approach
  reviewing behavioral, linguistic, and physical
  evidence in an attempt to determine the
  credibility of the allegation.

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Motivations of False Reports

• Revenge the act of inflicting harm on others in
  return for harm suffered at their hands,
  direction, or by their complicity
• Need for attention
• Medical treatment
• Profit emotional, material, or financial gain
• Failure of costumer to pay or adequately
  compensate a sex worker
• Explanation for loss of virginity, pregnancy, or
  sexually transmitted disease

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Motivations of False Reports

• Alibi for inappropriate absence
• New housing
• Child custody
• Attempt to veil a reoccurrence of drug or alcohol
  use
• Change of heart after a consensual sexual
  encounter