A false accusation of rape is the act of claiming that someone has been raped when the rape has never happened.
Causes
Scholarssay that there are two reasons for why someone makes a false accusation of rape: deliberate deception (lies) and non-deliberate deception. Non-deliberate deception can be caused by false memories, facilitated communication, or no good reasons at all.
Deliberate deception
Scholars say that those who lie about getting raped may do it for
Memory conformity: the victim confusing his or her memory with that of other witnesses
Prevalence
It is hard to know how often false accusations of rape happen. Few jurisdictions specifically define false accusations of rape. Accusations for which no evidence could be found were often classified as "unfounded" or "unproven".
Statistics Canada (2018)
As per the Statistics Canada, 19% and 14% of sexual abuse claims were ruled as "unfounded" in 2016 and 2017 respectively.
Archives of Sexual Behavior (2016)
Claire E. Ferguson and John M. Malouff did a meta-analysis of confirmed false rape reporting rates. They found the rate of false reports of sexual assault to be 5.2%.
Rumney, US, New Zealand, UK (2006)
A selection of findings on the prevalence of false rape allegations. Data from Rumney (2006)
Source
Number
False reporting rate (%)
Rumney considers dubious
Discussed below
Kelly et al. (2005)
67 out of 2,643
3% ("possible" and "probable" false allegations) 22% (recorded by police as "no-crime")
Yes
Yes
Jordan (2004)
68 out of 164 62 out of 164
41% ("false" claims) 38% (viewed by police as "possibly true/possibly false")
Yes
Yes
Lea et al. (2003)
42 out of 379
11%
Yes
HMCPSI/HMIC (2002)
164 out of 1,379
11.8%
Yes
Harris and Grace (1999)
53 out of 483 123 out of 483
10.9% ("false/malicious" claims) 25% (recorded by police as "no-crime")
In 1895, Ida B. WellspublishedThe Red Record to documentlynchings between 1892 and 1895. Of the 241 lynchings she documented, suspected rape and murder were the two most common excuses for lynchings. Wells found that many victims of lynching had been falsely accused of rape.
In other cases, Black Americanmen were lynched in public after they were found to be dating White women. In Louisiana, suspected rape was the second most common excuse for lynchings between 1889 and 1896. In a 1930s survey of a Mississippitown, 60% of respondents believed that lynching was appropriate towards those accused of raping White women, regardless of truth. There are many notable cases of mass murder being caused by false accusations of rape in the Jim Crow era (1877 ‒ 1964).
In the 1921 Tulsa race massacre in Tulsa, Oklahoma, White supremacists killed between 75 and 300 residents, mostly Black Americans, and injured 800 more. The massacre began over a false accusation that a 19-year-old Black shoeshiner had attempted to rape a 21-year-old White elevator operator.
Rosewood massacre
The 1923 Rosewood massacre began after a White woman in nearby Sumner accused a Black man from Rosewood of attacking her. Rumors of her getting raped spread like wildfire. A White supremacist mob attacked Rosewood, which had a high proportion of Black residents, causing large parts of Rosewood to be burned down. As many as 150 Black residents are estimated to have been killed.
For someone falsely accusing someone else of rape, he or she can be charged with "perverting the course of justice" or "wasting police time" under section 5(2) of the Criminal Law Act 1967. The law applies to any of the following situations:
It is suggested that the accusation is false
The accuser has retracted his or her accusation
The accuser has withdrawn his or her retraction, also known as double retraction
Examples
In March 2023, Eleanor Williams, a woman from Cumbria, England, was sentenced to 8.5 years in jail for falsely accusing multiple men of rape and trafficking her. Some of her victims spent time in jail, when they were not supposed to, due to her false accusations, causing the judge to give her a heavy sentence.
↑Oklahoma Commission (February 28, 2001), "Final Report"(PDF), Oklahoma Commission to Study the Tulsa Race Riot of 1921, Tulsa, Oklahoma, p.124, archived from the original on June 2, 2018, retrieved June 20, 2018{{citation}}: CS1 maint: bot: original URL status unknown (link) CS1 maint: location missing publisher (link)
123456Ray Downs (11 February 2015). "Florida Lynched More Black People Per Capita Than Any Other State, According to Report". New Times Broward-Palm Beach. Archived from the original on 26 April 2018. Retrieved 25 April 2018. Between 1877 and 1950, the report, Lynching in America: Confronting the Legacy of Racial Terror, counts 3,959 examples of "racial terror lynchings," which EJI describes as violent, public acts of torture that were tolerated by public officials and designed to intimidate black victims. The staggering tally is 700 more than previously reported and is based on research of court records, newspaper accounts, local historians, and family descendants.