24/01/05
Woman Never Lie
Frank S. Zepezauer
ABSTRACT: Empirical evidence does not
support the widespread belief that women are extremely unlikely to make false
accusations of male sexual misconduct. Rather the research on accusations of
rape, sexual harassment, incest, and child sexual abuse indicates that false
accusations have become a serious problem. The motivations involved in making a
false report are widely varied and include confusion, outside influence from
therapists and others, habitual lying, advantages in custody disputes, financial
gain, and the political ideology of radical feminism.
Male sexual misconduct — rape, incest,
stalking, sexual harassment, child molestation, pornography trafficking — has,
according to some observers, become a problem so big that it demands a big
solution, not only the reform of our legal system but of our entire society. Yet
the increasingly heated debate over this crisis has focused primarily on how
these misbehaviors are defined and how often they occur. The estimated numbers
keep mounting. We hear that perhaps 31 million women are suffering from some
form of rape, 41 million from harassment, 58 million from child sexual abuse,
and all 125 million of them — from toddlers to grandmothers — from a toxic
"rape culture" that suffocates the feminine spirit.
Much less discussed is how often an allegation of male
sexual misconduct is false.
Much less discussed is how often an allegation
of male sexual misconduct is false. The question seldom enters the debate
because, presumably, it had long ago been settled. Pennsylvania State Law
Professor Philip Jenkins (1993), in a review of the "feminist
jurisprudence" which leads the sex crisis counterattack, reports that in
response to the question its proponents have established an
"unchallengeable orthodoxy." It is that "women did not lie about
such victimization, never lied, not out of personal malice, not from mental
instability or derangement" (p.19).
Jenkins is not the first to cite this will to
believe. Wendy Kaminer (1993) reported that "it is a primary article of
faith among many feminists that women don't lie about rape, ever; they lack the
dishonesty gene" (p.67). Eight years earlier, in 1985, John O'Sullivan
discovered a widespread defense of the belief that "no woman would
fabricate a rape charge" (p.22). Feminists themselves admit as much. Law
Professor Susan Estrich stated that "the whole effort at reforming rape
laws has been an attack on the premise that women who bring complaints are
suspect" (Newsweek, 1985, p.61). Some feminists believe that even defending
that premise is a sex crime. Alan Dershowitz (1993) reports that he was accused
of sexual harassment for discussing in class the possibility of false rape
allegations.
California now requires that jurors be explicitly
told that a rape conviction can be based on the accuser's testimony alone,
without corroboration
Believing the self-proclaimed victim of sexual
misconduct has thus evolved from ideological conviction to legal doctrine and,
in some jurisdictions, into law. California now requires that jurors be
explicitly told that a rape conviction can be based on the accuser's testimony
alone, without corroboration (Associated Press, 1992; Farrell, 1993). Canada is
proposing that a man accused of rape must demonstrate that he received the
willing consent of a sexual partner.
These new rules rest on the assumption that
women do not lie because they have no motive to lie. Consequently, as Jenkins
(1993) states, the question of the "victim's credibility" has now
become "crucial."
Is that credibility warranted, particularly as
feminist jurisprudence would want it established, as nearly automatic? Not if we
consult recent history. And if we do, we will find that we do indeed face a
sexual misconduct crisis, but not the one radical feminists now insist is
ubiquitous in our society.
False Accusations of Rape
Begin with evidence of false accusation of
rape, the crime which has become not only the metaphor for all cases of sexual
misconduct but for male sexuality itself. Alan Dershowitz (1991), for example,
has further harassed his students by telling them that an annual F.B.I. survey
of 1600 law enforcement agencies discovered that 8% of rape charges are
completely unfounded. That figure, which has held steadily over the past decade,
is moreover at least twice as high as for any other felony. Unfounded charges of
assault, which like rape is often productive of conflicting testimony, comprise
only 1.6% of the total compared to the 8.4% recorded for rape.
a third of the DNA scans produce non-matches
Consult also a recent development, DNA
testing, which is now becoming routine in rape investigations (Krajik, 1993).
Also routine is the discovery that a third of the DNA scans produce non-matches.
Consequently, a growing number of men are not only gaining acquittals but are
also being released from prison. As with all rape statistics, these figures need
careful scrutiny. Police investigators warn, for example, that a mismatch proves
innocence only when the DNA could have come from no one but the assailant and
its profile or makeup doesn't match the suspect's. Even so, the DNA tests,
primarily a prosecutorial weapon, have now been added to the arsenal of defense
attorneys, and more evidence of false allegation is appearing.
Although useful, the F.B.I. and DNA data on
sex crimes result from unstructured number gathering. More informative,
therefore, are the results of a focused study of the false allegation question
undertaken by a team headed by Charles P McDowell (McDowell & Hibler, 1985)
of the U.S. Air Force Special Studies Division. Its significance derives not
only from its scholarly credentials but also its time of origin, 1984/85, a
period during which rape had emerged as a major issue, but before its definition
included almost any form of non-consensual sex.
The McDowell team studied 556 rape
allegations. Of that total, 256 could not be conclusively verified as rape. That
left 300 authenticated cases of which 220 were judged to be truthful and 80, or
27%, were judged as false. In his report Charles McDowell stated that extra
rigor was applied to the investigation of potentially false allegations. To be
considered false one or more of the following criteria had to be met: the victim
unequivocally admitted to false allegation, indicated deception in a polygraph
test, and provided a plausible recantation. Even by these strict standards,
slightly more than one out of four rape charges were judged to be false.
If, out of 556 rape allegations, 256 could not be
conclusively verified as rape, then a large number, 46%, entered a gray
area
The McDowell report has itself generated
controversy even though, when rape is a frequent media topic, it is not widely
known. Its calculations are no doubt problematic enough to raise serious
questions. If, out of 556 rape allegations, 256 could not be conclusively
verified as rape, then a large number, 46%, entered a gray area within which
more than a few, if not all, of the accusations could have been authentic. If
so, the 27% false allegation figure obtained from the remaining 300 cases could
be badly skewed. Moreover, the study itself focused on a possibly
non-representative population of military personnel.
The result: 60% of the accusations were identified as
false.
The McDowell team did in fact address these
questions in follow-up studies. They recruited independent reviewers who were
given 25 criteria derived from the profiles of the women who openly admitted
making a false allegation. If all three reviewers agreed that the rape
allegation was false, it was then listed by that description. The result: 60% of
the accusations were identified as false. McDowell also took his study outside
the military by examining police files from a major midwestern and a
southwestern city. He found that the finding of 60% held (Farrell, 1993, pp.
321-329).
McDowell's data have received qualified
confirmation from other investigators. A survey of seven Washington, D.C. area
jurisdictions in the 1991/2 period, for example, revealed that an average of 24%
of rape charges were unfounded (Buckley, 1992). A recently completed study of a
small midwestern city was reported by Eugene J. Kanin (1994) of the Department
of Sociology and Anthropology at Purdue University. Kanin concluded that
"false rape allegations constitute 41% of the total forcible rape cases
reported during this period" (p.81).
Kanin provides significant confirmation of
McDowell's findings in several ways. Kanin's subject, for example, covered a
nine-year period — 1978-87 — during which rape had become a
highly-politicized issue. Members of the police department from which the data
was taken were therefore sensitive to the kinds of misperceptions about which
parties to the dispute had complained. The city offered a relatively useful
model: free of the unrepresentative populations found in resort areas, remote
from the extreme crime conditions plaguing large communities, small enough to
allow careful investigation of suspicious allegations, but large enough to
produce a useful sample of 109 cases. The investigators also separated
"unfounded" from "false" rape allegations, a distinction
sometimes blurred in other reports. Moreover, among the strict guidelines used
to determine an allegation's unreliability was McDowell's requirement that only
unambiguous recantations be used.
The finding of the combined studies was that among a
total of 64 reported rapes exactly 50% were false.
Equally revealing were addenda following
Kanin's basic report. They reported studies in two large Midwestern state
universities which covered a three-year period ending in 1988. The finding of
the combined studies was that among a total of 64 reported rapes exactly 50%
were false. Kanin found these results significant because the women in the main
report tended to gather in the lower socioeconomic levels, thus raising
questions about correlations of false allegation with income and educational
status. After checking figures gathered from university police departments, he
therefore reported that "quite unexpectedly then, we find that these
university women, when filing a rape complaint, were as likely to file a false
as a valid charge."
which supported findings of high frequency false
allegations in the universities
In addition, Kanin cited still another source (Jay,
1991) which supported findings of high frequency false allegations in the
universities. On the basis of these studies, Kanin felt it reasonable to
conclude that "false rape accusations are not uncommon" (p.90).
Sexual Harassment
Alan Dershowitz's experience with an esoteric
definition of sexual harassment also raises questions about false allegations in
this newly-defined but widely publicized crime. Skeptical checking has revealed
that, as with rape, the percentage of unfounded accusations of sexual harassment
may reach astonishingly high levels. That was the claim of Randy Daniels, whose
confirmation for New York City's Deputy Mayor was almost derailed by a sexual
harassment charge he was able to refute. To see whether his experience was
relatively rare, Daniels checked with the Equal Employment Opportunity
Commission. He found that in 1991, the EEOC investigated or mediated 2119 cases
of sexual harassment and found that 59% were determined to have no cause
(Daniels, 1993, p. 1). Since the Hill/Thomas affair they have gone up sharply
— up 64% in one year — but so have false allegations, remaining steadily in
the plus 50% range.
Child Sexual Abuse
This rape and sexual harassment pattern —
expanding definitions, rapidly increasing accusations, intensely politicized
publicity campaigns, and significantly high percentages of false allegations —
has also appeared in still another arena, the agencies which deal with the
sexual molestation of children. With this kind of sexual misconduct the
credibility of a third party, the child, becomes a factor, and we hear, in
addition to appeals to "believe the woman" an appeal to "believe
the child." We are now learning that children can be manipulated into
supplying dramatic testimony of sexual abuse and that in most cases the
accusation originates not with the child but with the mother. Thus the question
of credibility once again focuses on women. As one lawyer put it, "For a
lot of these people 'believe the child' is just code. What they really mean is,
'believe the woman, no questions asked"' (Stein, 1992, p. 160).
at least as many boys as girls are victimized by child
abuse, if not more.
To keep this issue in perspective, note three
significant facts. The first is that of the 2,700,000 cases of child abuse
reported every year less than 10% involve serious physical abuse and only 8%
involve alleged sexual abuse (Schultz, 1989). The second is that, contrary to
the male victimizer/female victim paradigm of feminist ideology, at least as
many boys as girls are victimized by child abuse, if not more. The third is that
the majority of child abusers are women, that the most dangerous environment for
a child is a home formed by a single mother and her boyfriend, and the safest is
formed by a married mother and a husband who is the child's biological father.1
In many cases allegations of child sexual
abuse occur in a nasty divorce made nastier by a custody fight. It is now so
common that it has received scholarly attention and its own acronym, S.A.I.D.
(Sexual Allegations in Divorce). The consensus is that in "S.A.I.D.
syndrome" cases the number of such allegations increased so rapidly — up
from 7 to 30% in the eighties — that one scholarly team called it an
"explosion." Others, noting how often the guilt of the accused was
assumed, used the word "hysteria" and searched for analogies in the
Salem and the McCarthy witch hunts (Stein, 1992).
in highly contested custody cases where the allegation
is made, a number of researchers have found the allegations to be false or
unsubstantiated in anywhere from 60 to 80% of those cases "
Another consensus is being reached: that the
majority of these allegations are false. Melvin Guyer, Professor of Psychology
at the University of Michigan, reports that "in highly contested custody
cases where the allegation is made, a number of researchers have found the
allegations to be false or unsubstantiated in anywhere from 60 to 80% of those
cases " (Felten, 1991). Another investigative team stated that of 200 cases
they studied" about three-fourths have ultimately been adjudicated as no
abuse" (Felten, 1991). Some studies have come in with a lower but still
significant estimate. For example, a 1988 study by the Association of Family and
Conciliation Courts said that sexual molestation charges in divorces are
probably false one-third of the time (Dvorchak, 1992).
Allegations of child abuse, both divorce
related and in general, are flying out so frequently that those who believe
themselves victimized by false charges have organized a nationwide support
group, VOCAL (Victims Of Child Abuse Laws), which now includes 80 local
chapters. This group refers its members to both informal and professional
counsel, sends out a newsletter, and offers access to a rapidly expanding data
base. In 1989, its summary of relevant statistics cited 23 studies which
reported findings on both sexual and non-sexual child abuse. Among these, the
lowest assessment of false allegation was 35%, the highest 82%, averaging at
66%.
Recovered Memories
Those joining VOCAL are finding that an even
more dramatic form of child abuse allegation is now sweeping the country. It
originates with a "recovered memory" of sexual atrocity, often
involving incest or satanic ritual abuse, usually made by an adult daughter
against her father, and almost always discovered in therapy. This form of
allegation made the headlines when celebrities such as Roseanne Arnold, La Toya
Jackson, and Suzanne Sommers declared they had suddenly remembered a long
repressed victimization. It is also claiming celebrities among the accused, most
notably Cardinal Bernardin of the Roman Catholic Church, which was however later
recanted.
In such cases the question of credibility
applies not only to the accuser or accused but also to the therapist as well as
the therapeutic technique and its supporting theory. Because cases of recovered
memory of abuse have surfaced relatively recently, skeptical criticism is just
now beginning to appear in the media although the underlying issues have been
under debate for decades. One result has been the formation of an organization
whose title already makes an assertion, the False Memory Syndrome Foundation.
Thus to VOCAL we can add FMSF among the acronyms coined in response to the false
allegation problem.
Goldstein says, "that we don't have any valid
statistics at all"
It appears to be widespread. The FMSF reported
that within two years of its founding in 1991, it had built a file of 12,000
families who believed themselves victimized by accusations prompted by false
memories. Eleanor Goldstein (Goldstein & Farmer, 1992) estimates that the
actual number of involved families reaches into the tens of thousands. She also
cites data from the National Committee for the Prevention of Child Abuse on the
highly inflated estimates of victimization. Contrary to statements that one in
four women have been abused prior to the age of 18, retrospective surveys reveal
great variations, from 6 to 62%, which means, Goldstein says, "that we
don't have any valid statistics at all" (p.2).
How many of those reports of remembered child
abuse, whether in the high or low range, were false? Several sources suggest
that they may match figures on false allegations in reports of rape and sexual
harassment. The National Center for Child Abuse reported that false allegations,
which were 35% of all claims in 1975, had by 1993 reached 60% (FMSF Newsletter,
1993).
Other sources suggest that the kind of child
abuse caused by satanic ritual cults is almost totally a myth. There may be a
satan and he may have followers but, contrary to widely held belief in the
mid-eighties, they did not surface all over middle America. Where accusations
actually led to trials, as in Jordan, Minnesota and in Los Angeles in the
McMartin Preschool Case, prosecutors suffered embarrassing defeats. An extensive
New Yorker report of a Washington State case reveals that at least one
conviction was indeed achieved. However, after a careful analysis of the facts,
the writer concludes that it was a grievous miscarriage of justice, one more
ghastly example of the recovered memory theory gone amok (Wright, 1993).
"If a therapist says 70 to 80% of patients
remember abuse, I say the therapist ought to be a shoemaker"
With regard to recovered memory cases which do
not involve satanism, other indications point to a high number of false
allegations. A strong phalanx of professional opinion has raised significant
doubts about the veracity of long repressed memories even within a carefully
disciplined therapeutic context. For that reason emphatic warnings are now being
issued against their being used in a courtroom — not to mention a press
conference — without persuasive corroboration, which, it appears, is often
missing. Some mental health experts make the point more pungently. Dr. Paul
Fink, head of Psychiatry at Albert Einstein Medical Center said, "If a
therapist says 70 to 80% of patients remember abuse, I say the therapist ought
to be a shoemaker" (Sifford, 1992). Dr. Richard Ofshe, a member of the FMSF
professional advisory board who exposed the proliferating fallacies in the
Washington State case, stated that "the incidence of cases in which
repressed memories correspond with facts about abuse is as common as Siamese
twins joined at the head" (Brzustowicz & Csicsery, 1993, p.8).
Motivations of Accusers
Even so, reasonable doubts about a woman's
veracity in all these often sensationalized sexual misconduct cases do not
necessarily mean that she has deliberately lied. She may, for example, have
suffered from confusion, a problem now proliferating as the definition for sex
crimes becomes increasingly complicated and inclusive, leaving all parties
struggling with questions about definition and propriety. Or she may have been
affected by emotional instability or mental illness, which one study reported
was a factor in 75% of false allegation in divorce cases (Wakefield &
Underwager, 1990). In some cases a woman or her defenders might exaggerate a
misdemeanor into a felony or, as happened in Washington state, translate bad
parenting into sexual misconduct.
a woman can truthfully say she felt raped, abused or
harassed by behavior which is actually non-criminal.
In addition, there has been a tendency to
emphasize what a victim felt rather than what happened. Thus, a woman can
truthfully say she felt raped, abused or harassed by behavior which is actually
non-criminal. Moreover, the woman's feelings are often influenced by outside
parties with whom she has confided — friends, family members, social workers,
therapists, clergymen, rape counselors, lawyers, political activists — any of
whom can interpret her emotion as a sign of felonious abuse.
With regard to recovered memory, evidence
published by the FMS Foundation suggests that the woman may be as much
victimized by therapy or by recovery movement" enthusiasm as by a
perpetrator hidden in her subconscious. Ericka Ingram, the primary accuser in
the Washington State case, had come under the influence of both secular and
religious counselors. Their intrusive encouragement helped to loosen a flood of
wild charges she leveled against her father and mother as well as two of her
father's colleagues. These realizations have led to an increasing number of
lawsuits now being filed by former patients against incompetent or overzealous
therapists. By the same token, among the divorcing wives who file sexual
molestation charges against their husbands are some who have been coached by
self-serving lawyers. Columnist Barbara Amiel (1989) stated that "a lawyer
is coming close to negligence if he does not advise a client that in child
custody cases and property disputes, the mere mention of a child abuse
allegation is a significant asset" (p.25).
In The Morning After, Katie Roiphe (1993)
reported still another cause of false allegations: political passions generated
by activities such as the "Take Back the Night" marches. She tells
about "Mindy" who so wanted to be a "part of this blanket warmth,
this woman-centered nonhierarchical empowered notion" that she was
"willing to lie" (pp. 40-41). A similar story was told by a Stanford
University professor whose daughter was, he claimed, behind a conspiracy to
murder him. He testified that he had had a good relationship with her until she
attended an anti-rape rally. "She appeared to have gotten swept up ... and
was experiencing great emotional distress" (Wykes, 1993).
In the Washington D.C. area, for example, police
send women who lied about rape not to the court room but to a counseling center.
These mitigating circumstances have often
softened the judgment of authorities who confront women guilty of
misrepresentation. In the Washington D.C. area, for example, police send women
who lied about rape not to the court room but to a counseling center. The
Princeton woman who accused a fellow student suffered no more than an obligation
to write a public apology. Because of these sometimes compelling reasons for a
departure from the truth, many officials hesitate to call a woman a liar.
as Charles P. McDowell and other rape allegation
researchers have discovered, at least one out of four women in their study
population have openly admitted to having lied.
But it appears, some women with little or no
evidence do not hesitate to call a man a rapist. It also appears that more than
a few of them have in fact knowingly and willfully lied. Regardless of the
influences working on Ericka Ingram, for example, there came a point when the
evidence openly confounded her story, leaving her with the choice either to
persist or recant. Because she not only persisted but further embellished her
story, Richard Ofshe called her an "habitual liar" (Wright, 1993,
p.69). Whether Anita Hill lied about Clarence Thomas still cannot be determined,
but David Brock demonstrated that in several other matters she had indeed lied.
And as Charles P. McDowell and other rape allegation researchers have
discovered, at least one out of four women in their study population have openly
admitted to having lied.
Such disclosures should encourage skepticism
toward the now widely held belief that, in accusations of sexual misconduct,
women never lie. The same skepticism should be activated when we hear its
supporting explanation: that filing such a charge is so painful that only a
truthful woman would proceed. That belief, although equally strong, is equally
suspect. The research that revealed how many sexual misconduct allegations are
false has also revealed how often these unfounded accusations are strongly
motivated.
The clearest example of compelling motive can be found in the
Sexual Allegation in Divorce (S.A.I.D.) syndrome
The clearest example of compelling motive can
be found in the Sexual Allegation in Divorce (S.A.I.D.) syndrome. In such cases
questionable allegations multiply because the accuser has far more to gain than
to lose. Simply charging a divorcing spouse with child molestation — or wife
battering or spousal rape — can turn a hot but evenly balanced custody battle
into a rout. In many cases, the accused husband must vacate what had been the
"family" home and submit to prolonged alienation from his children. He
also finds himself ensnared by both the criminal justice and the social service
bureaucracies whose conflicting rules of evidence can deny him the presumption
of innocence. In a process that only a Kafka can describe, he must then devote
his resources to defending himself rather than pursuing the original divorce
litigation.
Should he eventually win vindication, a process which
can literally take years, he may enjoy at best a hollow victory which
leaves him financially and emotionally drained
Even then he may find himself in jail or in
court ordered therapy while his accuser has won de facto custody not only of the
children but of the house. Should he eventually win vindication, a process which
can literally take years, he may enjoy at best a hollow victory which leaves him
financially and emotionally drained, nursing a permanently injured reputation
and functioning as an "absent" father with a sparse schedule of
controlled visits. It is no wonder, then, that to express the reality
commentators have sometimes used dramatic language, such as "the ultimate
weapon" or the "atom bomb."
"Spite or revenge"
The impressive results that are so often
easily achieved with false allegations in custody disputes suggest the kind of
temptations women may feel in other situations. Among those found to have lied
about rape or sexual harassment, for example, a number of motivations have been
identified. The McDowell report listed those they uncovered in declining order
of appearance. "Spite or revenge" and "to compensate for feelings
of guilt or shame" accounted for 40% of such allegations (Farrell, 1993, p.
325). A small percentage were attributed to "mental/emotional disorder or
attempted extortion." In all cases, then, the falsely alleging woman had
any of several strong motives to lie. But, as with the S.A.I.D. syndrome, the
most common motive was anger, an emotion which prompts more than a few embattled
women to reach for "the ultimate weapon.
Although money gained through extortion ranked
low among the motives for false rape allegations, it appears to rank higher when
sexual harassment claims prove to be unfounded. A casual survey of some of the
suits that have been filed suggests why. In the eighties, successful claims
often brought damages in the $50,000 to $100,000 range. After the explosion
ignited by the Hill/Thomas case, not only the number of claims but damage awards
have skyrocketed. A clothing store cashier successfully sued her employer for
$500,000. Employees of Stroh's Brewery claimed that the company's commercials,
which showed the "Swedish Bikini Team," constituted harassment and
sued for damages ranging between $350,000 and $550,000. In the famous locker
room harassment case, Lisa Olson was reported to have received a settlement
ranging between $250,00 and $700,000. Damage claims — and awards — in the
millions are becoming more common.
One lawyer was charged with coaching six of his clients
to "embellish or lie" about some of the incidents on which they based a
sexual harassment case.
In some cases which were later proved to be
false, the financial stakes were particularly high. One lawyer was charged with
coaching six of his clients to "embellish or lie" about some of the
incidents on which they based a sexual harassment case. They had asked for
$487,000 (Gonzales, 1993). Eleven women from the Miss Black America Pageant,
after claiming that Mike Tyson had touched them on their rears, filed a $607
million lawsuit against him. Several of the contestants later admitted they had
lied in the hope of getting publicity and cashing in on the award money which
would have given them around $20 million each (Farrell, 1993, p.328).
Norman Podhoretz, who wrote about "Rape in Feminist
Eyes," attributes the current over-publicized obsession with rape to "the
influence of man-hating elements within the (women's) movement
But where extortion does appear, the
motivation may be political as well as monetary not only in particular cases but
in the growth of the entire sexual misconduct crisis. Whether it is rape or
sexual harassment or divorce-related child molestation or recovered incest
memory, many of the investigators eventually mention the influence of
ideological feminism. Katie Roiphe, for example, found feminist politics at work
in the phony rape story invented by Mindy, the imaginative Princeton co-ed.
Norman Podhoretz, who wrote about "Rape in Feminist Eyes," attributes
the current over-publicized obsession with rape to "the influence of
man-hating elements within the (women's) movement (which) has grown so powerful
as to have swept all before it" (1992, p.29). As far back as 1985 John
Sullivan attributed the overheated denial of false accusation to attempts to
defend the "feminist theory of rape." And Philip Jenkins (1993), who
reported the trend toward automatically-assumed female credibility, stated that
it was part of a larger campaign to establish "feminist
jurisprudence."
Whatever their motivations in particular
cases, there is little doubt that ideological feminists have achieved
significant political gains from publicizing the sexual misconduct crisis. Lisa
Olson's feelings of harassment may for example have been genuine, but as the
focus for a prolonged media event that established for female reporters an
access to locker rooms it was as unpopular with the general public as it was
with male athletes. The real Anita Hill may or may not have been lying, but the
Hill/Thomas affair propelled sexual harassment into a hot issue that rapidly
generated a subindustry of scholars, consultants, and bureaucrats, prompted a
"Year of the Woman" campaign that helped several women into congress,
and revived a flagging women's movement.
her whistle-blowing has already scuttled the careers of
a still growing number of naval officers
The same spectacular results may follow from
the Tailhook Scandal, which, like Hill/Thomas, is raising serious questions
about motive and credibility. Whether Paula Coughlin's testimony will become as
clouded as Anita Hill's, her whistle-blowing has already scuttled the careers of
a still growing number of naval officers, not to mention the Secretary of the
Navy himself, intensified in-service anti-sexual harassment campaigns,
reinforced an already strong feminist presence in the armed forces, and helped
soften the military's granitic opposition to women in combat. These incidents
also helped to power a "Violence Against Women" bill through congress
which will channel still more millions of government money into women's
programs, not to mention winning congressional validation of feminist
jurisprudence. That's a lot of political gain achieved by the words of a few
women who suffered little more than an affront to their sensibilities.
Conclusions
This growing gap — between the anguish
suffered by the victims of traditionally-defined sex crimes and what is suffered
by victims of ideologically-defined crimes — suggests that the crisis we face
is not the result of a sexual misconduct epidemic but of the crisis mentality
itself, an ever more hysterical vision of a "rape culture." It has a
foundation in reality. In what has become a ritual disclaimer, those who have
exposed the surprising number of false allegations of sexual misconduct have
also admitted the appalling number of genuine accusations. And those who have
attacked the incompetence, self-interest, and zealotry that has denied the
extent of false allegation have also recognized the courage and energy that has
exposed the problem of honest allegation begging vainly for belief. They have
therefore applauded the effort to seek for this long ignored injustice both
social and legal remediation.
the almost invisible victims of false allegation
But that effort, carried too far and exploited
too often, has generated another gap: between our awareness of the now highly
visible victims of sexual misconduct and the almost invisible victims of false
allegation. The lesser known victims have their own stories to tell, enough to
reveal another long ignored injustice that demands remediation. False
allegations of sexual misconduct have deprived a rapidly growing number of men
and women of their reputations, their fortunes, their children, their
livelihood, and their freedom; have wasted the time and money of countless
tax-supported agencies; have destroyed not only individuals but entire families
and communities; and have left some so desperate that they have taken their
lives.
For that reason, in the current revision of
our sexual misconduct code, we must retain as a guiding premise the realization
that women can lie because we know that, for several reasons, more than a few
women have lied, more often than researchers into false allegation had expected,
far more often than "rape culture" ideologues have admitted ... too
often, in any event, to be ignored by our jurisprudence, feminist or otherwise.
Endnote 1.
These assertions are themselves widely
disputed. However, one of the most extensive studies on the subject, by Strauss
and Gelles (1990) reports that for physical abuse, the rate is higher for
mothers than for fathers: 17.7% for mothers vs. 10.1% for fathers. They found
that preteen boys are slightly more likely to be abused than their sisters but
that the pattern changes alter puberty. Strauss and Gelles, however, also refer
to some contravening studies that show higher rates for fathers.
"mothers abused children 62% more often than
fathers, and that male children were more than twice as likely to suffer
physical injury
Susan Steinmetz (1977/78) who has collaborated
with Strauss and Gelles, reported independently that "mothers abused
children 62% more often than fathers, and that male children were more than
twice as likely to suffer physical injury" (p.499).
David C. Morrow (1993) reports: "Drawing
upon reports of the American Humane Association, the Association of Juvenile
Courts, the National Center for the Prevention of Child Abuse, and the FBI's
1978 crime report, John Rossler of Equal Rights for Fathers of New York State
estimated that mothers commit over two-thirds of all child abuse, 80% of it in
sole custody and none in joint custody situations, while boyfriends and new
husbands perpetrate most of the rest. A similar study conducted a few years
earlier in Utah by Ken Pangborn showed abuse 37% higher among single mothers
than the general population and 67% of all abuse in the doing of women of whom
80% are single mothers."
Diane Russell (1986) reports that of adult
women in San Francisco who reported one or more experiences of incestuous abuse,
overall 4.5% were abused by a father (biological, step, foster or adoptive). But
the abuse was much more likely to occur with a stepfather. Russell reports that
17% of the women who were raised by a stepfather were abused by him compared to
2% of the women who were raised by a biological father. This indicates the
greater risk to a girl of growing up in a household without her biological
father.
Thomas Fleming (1986) cites a Canadian study
that concluded that preschoolers were 40 times as likely to be abused in broken
and illegitimate families as compared to those in intact two-parent families.
The consensus thus appears to support the
assertion that child abuse is much more common in single parent families or
families missing the biological father, that women are more often the abusers,
and that male children are more often the victims.
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