Overlawyered: Chronicling The High Cost Of Our Legal System

UK: False rape accusations

If the charges of rape turn out to be bogus — worse yet, if they have led to the locking up of an innocent defendant later exonerated — should the accuser still enjoy the privilege of press anonymity? The case of Warren Blackwell, jailed for three years for a crime he never committed, vs. “Miss […]

If the charges of rape turn out to be bogus — worse yet, if they have led to the locking up of an innocent defendant later exonerated — should the accuser still enjoy the privilege of press anonymity? The case of Warren Blackwell, jailed for three years for a crime he never committed, vs. “Miss A”. (Carol Sarler, “Do fake rape victims have a right to anonymity?”, Daily Mail (U.K.), Sept. 13; Michael Horsnell, “Man jailed over sex attack clears his name”, The Times (U.K.), Sept. 13). More: accuser’s name is disclosed, prompting further controversy (Strange Justice, Oct. 23).

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7 Comments

  • It would seem that application of logic should relieve this conundrum. Now that is established as a matter of law that the woman is not the victim of a sexual crime then she would no longer be protected by the anonymity laws for alleged sex crimes victims. Ergo, the judge should release her name. If nothing else, the wrongfully accused man could find some manner by which her identity could inadvertently be slipped. If he cannot do it in his home country, then forwarding such information to blogs in America should do the trick.

    • By nevins

  • She should receive his prison sentence for her crime; eye for an eye. She deliberately tried and succeeded in getting him a prison term that she should now serve. That would be just and fitting for such maliciousness (also biblical).

    • By Jeff

  • Her name should be released and put on a register. Some of these women are serial accusers.

  • She is now however a suspect in a case of perverting justice and as such falls under laws protecting the privacy of criminals (which are more strict in Europe than those protecting the rights (what little they have) of victims).
    Therefore her anonimity is guaranteed.

  • “laws protecting the privacy of criminals”

    So, Warren Blackwell never had his name blared by the media as a rapist?!? Yeah, whatever…

    • By Deoxy

  • Maybe I’m missing something, but if Mr. Blackwell seeks damages, shouldn’t Miss A be listed as a defendant?

    • By Matt

  • First, I apologize for this slightly impersonal note. I’m Dick Meyer, the editorial director at CBSNews.com. I’m writing because you’ve written about the Duke lacrosse case in the past so I think you’ll be very interested in the stories that will be running on 60 Minutes this weekend and the extra material that will be posted on them on CBSNews.com. Whatever your take on the story, whatever your take on us here at CBS News, this story is the first time you’ll be able to hear some the principals speak for themselves. The section for 60 Minutes is: http://www.cbsnews.com/sections/60minutes/main3415.shtml.
    If we can help, let us know. Thanks much.