What if You Were Falsely Accused?
Posted on Thu Jan 15, 2015 at 08:47:00 AM EST
Tags: Dershowitz, Jane Doe #3 (all tags)
Alan Dershowitz has a terrific op-ed in the Wall St. Journal, "A Nightmare of False Accusation That Could Happen to You."
I don't know how he tells the whole story in one op-ed column, but he does. My last post on his current travails was 5,000 words.
Go read Dershowitz. You'll learn a few things about the shortcomings of the criminal justice system. As he puts it, if there's no legal recourse available to someone with all of his resources, what does it mean for the rest of us? [More....]
He explains his situation in two paragraphs, and makes it crystal clear he has never met the woman who is accusing him and never had sex with anyone except his wife during the relevant time period.
Imagine the following situation: You’re a 76-year-old man, happily married for nearly 30 years, with three children and two grandchildren. You’ve recently retired after 50 years of teaching at Harvard Law School. You have an unblemished personal record, though your legal and political views are controversial. You wake up on the day before New Year’s Eve to learn that two lawyers have filed a legal document that, in passing, asserts that 15 years ago you had sex on numerous occasions and in numerous locations with an underage female.
The accusation doesn’t mention the alleged victim’s name—she’s referred to as Jane Doe #3, and the court document includes no affidavit by her. But her name doesn’t really matter, because you have never had sex with anyone other than your wife during the relevant time period. The accusations against you are totally false, and you can prove it.
Well, that is my situation: I’m the one who has been falsely accused. But let’s continue to imagine it was you.
In another post on the Dershowitz claim, I wrote:
Have they explained how their filing, on a dead news day (the day before New Year's Eve) in an obscure federal civil case that as far as I can tell, no major publication in this country outside of the Palm Beach Daily News regularly reports updates on found its way to the Miami Herald, the Washington Post, the Wall Street Journal, the New York Times, and world media by Jan. 3? It's hardly a time reporters sit around scrolling through PACER. It seems to me someone tipped the media.
Dersowitz writes in the op-ed:
How did the accusation get from a court filing in an obscure courthouse in Florida to the first page of many newspapers and the first item on many television broadcasts? Obviously, it was leaked; who is going to be checking court filings the day before New Year’s Eve.
One point I didn't make yesterday: The docket in the case has plenty of sealed pleadings. Why didn't Jane Doe #3's lawyers at least seek to file the pleading under seal, due to the nature of the allegations against Dershowitz? They didn't hesitate to ask the court to seal pleadings that revealed information about their clients they thought was too "personal."
The media double standard of naming the accused and detailing the allegations against him while shielding the identity of his accuser, who has not yet been found to be a victim , needs to end -- especially when the accused says it is a false accusation. The Kobe Bryant case was one of the most egregious examples in my view.
Just last month in Colorado, a woman was sentenced after a jury convicted her of falsely accusing a man of rape:
The Fort Collins woman told police in November that Dustin Toth, then 25, had kidnapped her from the Windsor Safeway parking lot, and drugged and raped her at knifepoint at his nearby home before she was able to run from the house.
Toth was arrested, but the case against him was quickly dropped when police discovered Bennett had fabricated the entire story.
Her sentence: 32 days. Not much of a deterrent. What happened to the man she falsely accused?
Toth said he lost his job at OtterBox and was barred from deploying with his Army National Guard team to Cuba. He has since struggled to find work, been denied on multiple apartment applications and has become prone to anxiety attacks, he told the judge Friday.
The judge told Toth:
"You have been a true victim," Kerns said to Toth, sympathizing with the setbacks and lack of follow-up media coverage since his name has been cleared. "You are unequivocally a very good person."
It's interesting that the judge mentioned the lack of media follow-up. I think that's a consequence of living in a society where guilt sells and there's little public interest in innocence. Without public interest, there's fewer readers and lower TV ratings, which translates to less revenue for the media organizations. So they don't cover it. How many people can remember the name of more than one wrongfully convicted innocent person released from prison after 10 or 20 years? I'd bet not many.
When a person, male or female, accuses another person of sexual assault, the media should either protect both of their identities, or neither. Especially when the person accused says the claim is false.
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