False Accusations and Self-Inflicted Injuries
The Fall 2007 edition of the Florida Defender, a publication of the Florida Association of Criminal Defense Lawyers, contains an article entitled "False Allegations of Sexual Assault: Why Do People Lie?"
In that article, the authors make the insightful observation that "[c]ases of self-inflicted injury are particularly insidious because, except in suicide attempts, law enforcement officers are not accustomed to the phenomenon, and tend to presume the injuries are caused by others. More important, persuading jurors that an apparent victim is capable of such bizarre behavior is difficult."
A few years ago, I represented a man whose wife claimed that he had attacked her with a box cutter outside the courthouse. The police had taken the woman to their department where they photographed her injuries which consisted of some parallel cuts on one of her wrists.
My client adamantly denied his wife's accusation, and there was reason to believe he was telling the truth. His wife had a documented history of mental-health problems, and she and my client were currently going through a divorce.
I sent the photographs of the wife's injuries to a forensic pathologist who immediately concluded that they were self-inflicted. When I told this to the prosecutor on the case (and to his boss), both dismissed the expert's conclusion. The case proceeded to trial.
At trial the jury (aided by the forensic pathologist's testimony) concluded that my client was not guilty of any wrongdoing. After the trial, several of the jurors asked me why the case had not been dismissed by the prosecutor since the woman's injuries were clearly self-inflicted.
I have since wondered why experienced prosecutors could not see what was so obvious to those jurors who had no training in the law.
It's because prosecutors have trouble comprehending that people will deliberately lie about these things to intentionally inflict harm on others. It's also why our lawmakers have allowed gender based laws to exist. Males, generally do not make false allegations. Most prosecutors and lawmakers are males. Meaning no one considered the fact that the law could be expploited to inflict intentional harm to the innocent because they don't think that way. If you see what I'm getting at. I think it's the root of the problem. To simplify, it's as much a learning curve as anything. We desperately need non-gender based laws, equal wieght given to each side, regardless of the allegation. By weight I mean proof. I'ma a false sexual harassment "target". The mere allegation ruins lives, legally. Mull that one over. In that Law, he or she who complains first, wins. Once a woman thinks a guy might complain against her, or he rejects her sexual advances, she immediately files a complaint against him. He loses his life as he knew it and she's "protected" from her identity being known. And free to target a next victim because the guy who knows what she's up to isn't around anymore, and realistically has no legal recourse. In addition he's suffering from the effects of being sexually harassed, and his ability to function normally is compromised as a result of it.