Why Men Should Not Have Fear In The Wake of Kavanaugh
by GABBY SAUNDERS
In the wake of the Kavanaugh allegations, it is important to understand that false accusations are not the norm for sexual assault cases in the United States.
In a study conducted by the National Sexual Violence Resource Center (NSVRC), it was found that 2-10% of sexual assault cases are deemed “false” or “baseless.” To fully understand that statistic, it is important to understand that there is a difference between a “false” case and a “baseless” case. A “false” case refers to sexual assault allegations that were proven false through substantial evidence. A “baseless” case is one which “does not meet the elements of the crime, but is presumed truthful.” In other words, sexual assault may have occurred, but there is not enough evidence to prove that the crime fits any given state’s definition of rape or sexual assault.
Due to a lack of uniformity in definition for what constitutes false accusations among local and national law enforcement agencies, many baseless claims are categorized alongside false accusations. This means that false accusations compromise 2%-5% of all sexual assault claims, with the most widely accepted number by the FBI and other law enforcement agencies being 2%.
To put this in perspective, a study by Samuel R. Gross, a renowned lawyer and researcher on false accusations, found that approximately 4.1% of defendants currently waiting on death row are falsely convicted. This figure indicates that, in the United States, an individual is as likely to be wrongfully charged with a capital offense then a false sexual assault allegation.
If you look at the number of sexual assault victims in the United States, that makes sense. According to the Rape, Abuse, and Incest National Network (RAINN), 17.7 million women and 2.78 million men have experienced a completed or attempted rape since 1998. Additionally, every year approximately 63,000 children are victims of sexual abuse. Sexual violence is a rampant problem in the United States, so much so that almost everyone has an experience or knows someone with an experience.
The potency of this epidemic is only reinforced by the voices of survivors that spoke out during the #MeToo movement in conjunction with the Kavanaugh allegations. Many men and women were shocked to learn how many of their friends and family members have been victims of sexual abuse or harassment. Many began asking, “Why didn’t you report?” The answer to the question is simple: statistics show that our criminal justice system is not kind to victims and, even when prosecuted, the perpetrator rarely receives a sentence worthy of their crimes.
Out of every 1000 rapes, only 310 will be reported. Rape is not reported for a number of reasons. Some of the most common reasons are fear of another assault for speaking out, fear of not being believed, having one’s own reputation ruined, feeling shame for believing they were at fault, worry that the accusation will get swept away, etc. These fears become a reality when one realizes, even after reports have been filed, how many perpetrators will actually go to jail.
57 of the 310 reports will lead to arrest, 11 cases will be referred to prosecutors, 7 cases will lead to a felony conviction, and only 6 rapists will be incarcerated. In fact, in the United States, perpetrators of sexual assault are the least likely perpetrators to receive prison time for their crime. After reliving a traumatic experience before a jury and a judge, in the same room as the assailant, while also facing victim blaming and a ruined reputation, the chances of the perpetrator going to jail are slim to none. To many sexual assault survivors, reporting your assault is not worth the circus that follows.
Even when incarcerated, victims are inundated with stories of perpetrators receiving minimal sentences with little damage to their personal lives. We can see that in cases such as Brock Turner , Robert Richards IV, and even the case of a former bishop in Utah, Keith Robert Vallejo. In Vallejo’s hearing, after being found guilty of 10 counts of forcible sexual abuse and one count of object rape, the judge indicated that “great men sometimes do bad things.” Vallejo was released from custody, Richards IV served no jail time after raping his three-year-old daughter, and Turner received a 6 month sentence, of which he only served three month. We have even seen men accused of sexual assault go on to become the President of the United States and, now, a Supreme Court Justice. Whether or not you believe the allegations against Kavanaugh and Trump are true, these stories have a moral for victims: stay silent, it is not worth it.
It is not a scary time for boys. All of the mothers and fathers worrying about their sons being falsely accused of rape are worrying in vain. False accusations only happen 2% of the time. However, as parents, you will still have to worry about teaching your daughters to park under street lights late at night, to hold their keys in their knuckles in case they are attacked, to run outside with headphones, and to never leave a drink unattended at social gatherings. Why do you still have to worry about this? Because it is, in fact, still a very scary time for girls.