Rape and False Accusations

Rape is one of the most terrible things that can happen to a person.  A false accusation of rape is another.  Fox News has this story by Wendy McElroy:

Politically correct feminists claim false rape accusations are rare and account for only 2 percent of all reports. Men's rights sites point to research that places the rate as high as 41 percent. These are wildly disparate figures that cannot be reconciled.

This week I stumbled over a passage in a 1996 study published by the U.S. Department of Justice: Convicted by Juries, Exonerated by Science: Case Studies in the Use of DNA Evidence to Establish Innocence After Trial.

The study documents 28 cases which, "with the exception of one young man of limited mental capacity who pleaded guilty," consist of individuals who were convicted by juries and, then, later exonerated by DNA tests.

At the time of release, they had each served an average of 7 years in prison.

The passage that riveted my attention was a quote from Peter Neufeld and Barry C. Scheck, prominent criminal attorneys and co-founders of the Innocence Project that seeks to release those falsely imprisoned.

They stated, "Every year since 1989, in about 25 percent of the sexual assault cases referred to the FBI where results could be obtained, the primary suspect has been excluded by forensic DNA testing. Specifically, FBI officials report that out of roughly 10,000 sexual assault cases since 1989, about 2,000 tests have been inconclusive, about 2,000 tests have excluded the primary suspect, and about 6,000 have "matched" or included the primary suspect."

The authors continued, "these percentages have remained constant for 7 years, and the National Institute of Justice's informal survey of private laboratories reveals a strikingly similar 26 percent exclusion rate."

If the foregoing results can be extrapolated, then the rate of false reports is roughly between 20 (if DNA excludes an accused) to 40 percent (if inconclusive DNA is added). The relatively low estimate of 25 to 26 percent is probably accurate, especially since it is supported by other sources.