Data Points: False Reporting and Its Impact on Survivors AI transcript and summary - episode of podcast Something Was Wrong

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Episode: Data Points: False Reporting and Its Impact on Survivors

Author: Broken Cycle Media | Wondery
Duration: 00:14:44

Episode Shownotes

*Content Warning: sexual assault, rape, false reporting and mental illness.Sources:Brittain, A. (2024, October 1). Me Too Movement. Britannica. https://www.britannica.com/topic/Me-Too-movementBrooks SK, Greenberg N. Psychological impact of being wrongfully accused of criminal offenses: A systematic literature review. Med Sci Law. 2021 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7838333/ The Criminal Justice System: Statistics. (n.d.). Rape, Abuse, & Incest

National Network.. https://rainn.org/statistics/criminal-justice-systemCriminal Resource Manual. (n.d.). U.S. Department of Justice. https://www.justice.gov/archives/jm/criminal-resource-manual-916-false-statements-federal-investigatorFalse Reporting. (2012, March). National Sexual Violence Resource Center. https://www.nsvrc.org/sites/default/files/2012-03/Publications_NSVRC_Overview_False-Reporting.pdfFalsely Reporting an Incident, Saland Law https://www.new-york-lawyers.org/falsely-reporting-an-incident.html Former Rising Football Star Exonerated in Rape Case. (2012, May 24). ABC News. https://abcnews.go.com/US/rising-football-star-brian-banks-exonerated-rape-case/story?id=16424770Leithead, K. (2022, November 9). False Reports: Percentage. End Violence Against Women International. https://evawintl.org/best_practice_faqs/false-reports-percentage/Mascolo, J. (2023, September 8). Filing a False Police Report. https://www.findlaw.com/criminal/criminal-charges/filing-a-false-police-report.htmlMcNamara, J., & Lawrence, J. (2012, September 1). False Allegations of Adult Crimes. Law Enforcement Bulletin. https://leb.fbi.gov/articles/featured-articles/false-allegations-of-adult-crimesMcNamara JJ, McDonald S, Lawrence JM. Characteristics of false allegation adult crimes. J Forensic Sci. 2012https://pubmed.ncbi.nlm.nih.gov/More Than Twice as Many Americans Support Than Oppose the #MeToo Movement. (2022, September 29). Pew Research. https://www.pewresearch.org/social-trends/2022/09/29/more-than-twice-as-many-americans-support-than-oppose-the-metoo-movement/Perrotto, A. (n.d.). The rarity of false rape reports; a brave new world of technology (PCAR). Pennsylvania Coalition to Advance Respect. https://pcar.org/blog/rarity-false-rape-reports-brave-new-world-technologyTarana Burke. (n.d.). Britannica. https://www.britannica.com/biography/Tarana-BurkeWoman Who Falsely Accused Brian Banks of Rape Ordered to Pay $2.6M. (2013, January 15). KTLA 4. https://www.nbclosangeles.com/news/local/woman-falsely-accused-brian-banks-rape-ordered-to-pay-26m/1971672/ Resources:National Alliance on Mental Illness (NAMI)https://www.nami.org/ National Sexual Violence Resource Center (NSVRC)https://www.nsvrc.org/ Rape, Abuse & Incest National Network (RAINN).https://rainn.org/?_ga=2.262784078.390982495.1727710159-2006450411.1727373347 Follow Something Was Wrong:Website: somethingwaswrong.com IG: instagram.com/somethingwaswrongpodcastTikTok: tiktok.com/@somethingwaswrongpodcast Follow Tiffany Reese:Website: tiffanyreese.me IG: http://www.instagram.com/lookieboo The Data Points cover art is by the Amazing Sara Stewart. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Summary

In this episode of Data Points titled 'False Reporting and Its Impact on Survivors', the complexities of false reporting in sexual assault cases are examined. Despite estimates that only 2-8% of allegations are false, such claims can damage survivors' trust and deter them from coming forward due to fears of stigma and skepticism. The psychological repercussions for both survivors and the wrongfully accused are significant, particularly in the context of the #MeToo movement, which aims to empower survivors while addressing the challenges posed by false allegations in the criminal justice system. Legal consequences exist for false reporting, stressing the need for education and mental health support for affected individuals.

Go to PodExtra AI's episode page (Data Points: False Reporting and Its Impact on Survivors) to play and view complete AI-processed content: summary, mindmap, topics, takeaways, transcript, keywords and highlights.

Full Transcript

00:00:00 Speaker_01
Wondery Plus subscribers can listen to Something Was Wrong early and ad-free right now. Join Wondery Plus in the Wondery app or on Apple Podcasts.

00:00:15 Speaker_02
Hi friends, this is Amy B. Chesler of Season 7 of Something Was Wrong and host of What Came Next. I'm hosting this special episode of Broken Cycle Media's series of informational episodes called Data Points.

00:00:28 Speaker_02
These episodes will include educational information and support on different topics that are important to our community. Thank you so much for listening.

00:00:38 Speaker_02
In this discussion of false reporting and its detriment on victims in society, we'd like to begin by highlighting how important it is to start by believing.

00:00:50 Speaker_02
When receiving a report of any kind, no matter the small statistical possibility of it potentially being false, receiving that person safely and with initial openness and understanding can have a vast impact on a victim's trajectory.

00:01:07 Speaker_02
According to the FBI, false reporting, or a false allegation crime, involves persons reporting a fabricated offense that has occurred against them to a law enforcement agency.

00:01:19 Speaker_02
False allegations can span many crimes, but in this episode, we'll be referring specifically to sexual assault.

00:01:27 Speaker_02
Although false reporting of sexual assault does happen and has detrimental repercussions, it's crucial to understand how uncommon it really is. it is nearly impossible to know the exact amount of false sexual assault reports.

00:01:45 Speaker_02
However, many studies have concluded that the rate of false reporting is estimated to be between 2 and 8 percent.

00:01:53 Speaker_02
For example, data on sexual assault cases from the Los Angeles Police Department in 2008 found that 4.5 percent of the reports were false.

00:02:03 Speaker_02
Furthermore, the Making a Difference, or MADD, project created by End Violence Against Women International conducted a multi-site study of eight U.S. communities. The study reviewed data collected by nationwide law enforcement agencies

00:02:19 Speaker_02
about all sexual assault reports received within an 18 to 24-month period. Of the 2,059 cases that were included in the study, 140, or 7 percent of them, were classified as a false report of sexual assault.

00:02:38 Speaker_02
Still, the reported range of 2 to 8 percent for false sexual assault claims might actually be an overestimate.

00:02:46 Speaker_02
The National Sexual Violence Resource Center shares how false reporting data inflates because of law enforcement's negligence to follow recommended guidelines and a, quote, weak understanding of sexual assault, end quote.

00:03:02 Speaker_02
Both men and women make false allegations. However, statistically speaking, women are the perpetrators of false claims the majority of the time.

00:03:13 Speaker_02
One PubMed study on the characteristics of false allegation adult crimes shares that 73.3% of false allegations were perpetrated by women and 93.3% of perpetrators were Caucasian.

00:03:31 Speaker_02
43.3% of offenders were high school graduates without further education, typically in their late teens or early 20s.

00:03:39 Speaker_02
Also, data shows that the majority of allegations were mainly driven by needs for attention and or sympathy, which accounts for 50% of allegations. Overall, 23.3% of perpetrators of false allegations had a previous criminal record.

00:03:58 Speaker_02
According to the FBI, some rationale behind false reporting may be because of, quote, mental illness or depression, attention or sympathy, or even revenge."

00:04:11 Speaker_02
However, no matter who reports false claims and why they do it, it's essential to recognize that false reporting of sexual assault is a criminal offense that profoundly affects survivors and the criminal justice system for a variety of reasons.

00:04:29 Speaker_02
And although the projected percentage of false reports is low, it still deeply affects how survivors decide to report the real crimes they experience.

00:04:40 Speaker_02
In fact, the Rape, Abuse, and Incest National Network reports the majority of sexual assaults are not reported to the police at all. The reporting rates are actually staggering.

00:04:53 Speaker_02
Only 310 out of every 1,000 sexual assaults are reported to police, meaning that more than 2 out of 3 sexual assaults go unreported. There are many reasons why survivors choose not to move forward in reporting this crime.

00:05:14 Speaker_02
Individuals may be wary of reporting because of re-traumatization that can happen through the questioning and investigation process. Additionally, they may fear that law enforcement won't take their claims seriously.

00:05:27 Speaker_02
This reasoning correlates with the impact of false reports, no matter how few allegations are actually false.

00:05:36 Speaker_02
According to the International Association of Chiefs of Police, or IACP, law enforcement should uphold, quote, the determination that a report of sexual assault is false only if the evidence establishes that no crime was committed or attempted, end quote.

00:05:55 Speaker_02
The FBI and IACP created a set of guidelines with factors that should be excluded when determining if reports are legitimate or false, including insufficient evidence to proceed to prosecution, delayed reporting, victims deciding not to cooperate with investigators, or inconsistencies in a victim's statement.

00:06:20 Speaker_02
To some, these points may lead you to believe a false report occurred.

00:06:24 Speaker_02
However, considering how traumatic a violation like a sexual assault can be on a victim's brain, a more nuanced approach must be required while evaluating reports to ensure that all elements are considered.

00:06:39 Speaker_02
Even though there are some guidelines put in place by law enforcement when it comes to reviewing sexual assault reports, they need to be widely known and consistently practiced to ensure stronger care for survivors when coming forward.

00:06:55 Speaker_02
Filing a false police report misleads law enforcement and undermines the criminal justice system.

00:07:03 Speaker_02
This action has dangerous repercussions because it forces officers to pursue unnecessary investigations, diverting valuable resources away from addressing real crimes and aiding real survivors in their community.

00:07:18 Speaker_02
To add, the notion that a false report can occur leaves some responders highly critical when actual survivors of a sexual assault come forward with their claims, which is detrimental to all parties involved.

00:07:32 Speaker_02
False reporting not only harms real survivors and strains law enforcement, but also devastates those falsely accused. The case of Brian Banks illustrates this severity.

00:07:44 Speaker_02
In 2002, when Banks was just 16, his high school acquaintance, Juanita Gibson, falsely accused him of rape. To avoid a potential 41-year prison sentence, he pleaded no contest and was sentenced to six years. In 2011, Gibson admitted there was no rape.

00:08:05 Speaker_02
Thankfully, Banks was ultimately exonerated and his conviction was overturned. While he eventually lived out his NFL dreams with the Atlanta Falcons, the lasting damage from the false report on Banks and his loved ones is undeniable.

00:08:21 Speaker_02
A 2021 study found that those falsely accused experience extreme psychological and psychosocial impacts, such as feelings of losses related to their sense of self, damage to their reputation, and newfound mental health diagnoses and symptoms, like PTSD and depression.

00:08:42 Speaker_02
Although false reports have profound repercussions, it's important to highlight how much movements like hashtag MeToo have validated survivors of sexual assault.

00:08:53 Speaker_02
The MeToo movement was a global initiative to raise awareness regarding sexual harassment and sexual abuse, specifically of women in the workplace.

00:09:04 Speaker_02
In 2006, Tarana Burke regularly used the quote, me too, in response while speaking with survivors of sexual assault.

00:09:13 Speaker_02
However, the phrase and movement became popularized in 2017, a response to the reports of sexual abuse perpetrated by American film producer, Harvey Weinstein.

00:09:24 Speaker_02
Actress Melissa Milano tweeted Burke's coined phrase, hashtag me too, which ignited a social media movement that heightened awareness, empowered survivors, and prompted significant cultural and workplace transformations.

00:09:39 Speaker_02
In response, some states in the U.S. have abolished statutes of limitations for reporting sex abuse-related crimes and banned non-disclosure agreements, or NDAs, that were created to prevent allegations from being publicly available.

00:09:55 Speaker_02
Even though the MeToo movement explicitly discusses sexual harassment in the workplace, Its sentiments bled into other aspects of life too, which led to more people collectively believing and listening to victims.

00:10:11 Speaker_02
A 2022 Pew Research study proved how valuable and seriously Americans have taken the Me Too movement. Seven in 10 U.S.

00:10:21 Speaker_02
adults across multiple demographics and partisan lines say that compared to 2017, people who commit sexual harassment or assault in the workplace today are more likely to be held accountable for their actions.

00:10:37 Speaker_02
Also, roughly 6 in 10 Americans believe that the individuals who report harassment or assault at work are now more likely to be believed.

00:10:47 Speaker_02
Pew Research additionally reports that overall, a small percentage of Americans think that false reporting of incidents of sexual harassment or assault in the workplace are frequent.

00:10:59 Speaker_02
More importantly, nearly half, at 46%, say it's extremely or very common for individuals who experience sexual harassment or assault at work not to report them at all.

00:11:13 Speaker_02
Despite these statistics and common beliefs among Americans, 18% of respondents still oppose the MeToo movement because of the potential of false allegations.

00:11:25 Speaker_02
Still, the Me Too movement has proven helpful in believing survivors and holding perpetrators accountable. It has also brought a lot of attention to the power of believing and supporting survivors in general.

00:11:39 Speaker_02
Many still view the possibility of false reports as a reason to oppose the movement. This skepticism ultimately leads to a reluctance to believe survivors of sexual assault in any context.

00:11:52 Speaker_02
Even though these statistics and this information are widely available, some perpetrators will still choose to make a false report, regardless of the detriment. It is nearly impossible to stop these perpetrators.

00:12:07 Speaker_02
However, criminalizing false reporting is one measure towards future prevention. There are legal ramifications for false reporting.

00:12:17 Speaker_02
If a false sexual assault report occurs and is determined so by law enforcement, the perpetrator can be criminally charged. Depending on the state and the circumstance at hand, filing a false police report may result in misdemeanor or felony charges.

00:12:36 Speaker_02
For example, in New York, filing a false report to law enforcement can be classified as either a misdemeanor or a felony with potential penalties of up to one year in jail or as much as seven years in state prison.

00:12:53 Speaker_02
False reporting can even be considered a federal offense. If false criminal allegations are submitted to federal investigators or agencies, then the perpetrator of the false claim could be charged at a federal level.

00:13:08 Speaker_02
Another beneficial preventative measure may be mental health counseling to work to mitigate perpetrators' urges and actions.

00:13:17 Speaker_02
One valuable resource for potential perpetrators of false reporting or actual victims of sexual assault navigating working through their experience is the non-profit National Alliance on Mental Health, or NAMI.

00:13:31 Speaker_02
NAMI is the nation's largest grassroots mental health organization, and it offers educational resources regarding mental illness, support networks for individuals, and 24-7 mental health support to every American.

00:13:46 Speaker_02
Additionally, there are many amazing resources for survivors of sexual assault that can help with the process of reporting and making them feel supported.

00:13:56 Speaker_02
Two of those organizations include the National Sexual Violence Resource Center and the Rape, Abuse and Incest National Network. They both offer detailed education and support.

00:14:08 Speaker_02
To access any of the previously mentioned resources, please visit the episode notes. And for a more comprehensive list of organizations that are working to support survivors and uphold justice, please visit SomethingWasWrong.com slash resources.

00:14:25 Speaker_02
Many of the amazing groups listed on the website can only exist because of the community's help and support from people like you.

00:14:33 Speaker_02
If you'd like to learn more about volunteer opportunities, please feel free to visit the resources page and reach out directly to the organization of your choice. I'm Amy B. Chesler. Thank you so much again for listening and learning with us.

00:14:56 Speaker_01
If you like Something Was Wrong, you can listen early and ad-free right now by joining Wondery Plus in the Wondery app or on Apple Podcasts. Prime members can listen ad-free on Amazon Music.

00:15:09 Speaker_01
Before you go, tell us about yourself by filling out a short survey at wondery.com slash survey.

00:15:17 Speaker_00
They say Hollywood is where dreams are made. A seductive city where many flock to get rich, be adored, and capture America's heart. But when the spotlight turns off, fame, fortune, and lives can disappear in an instant.

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When TV producer Roy Radin was found dead in a canyon near L.A. in 1983, There were many questions surrounding his death.

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But things took a dark turn when a million dollars worth of cocaine and cash went missing. From Wondery comes a new season of the hit show Hollywood and Crime, The Cotton Club Murder.

00:16:04 Speaker_00
Follow Hollywood and Crime, The Cotton Club Murder on the Wondery app or wherever you get your podcasts. You can binge all episodes of The Cotton Club Murder early and ad-free right now by joining Wondery Plus.