Saturday, May 23, 2009

Women Don't Lie About Domestic Violence: The Strange Case of David Letterman

A woman in New Mexico filed a Domestic Violence Protective Order complaint against David Letterman, whom she had never met. The basis of the complaint was that he used his late-night comedy/variety show to control her thoughts. The DVPO was granted by a judge, at the cost of Letterman's freedom of movement (should he have been in New Mexico) and Second Amendment rights (no matter where he was).

How did such an outrage actually take place in the American legal system? Under Bill Clinton's revision of the Violence Against Women Act (VAWA), the standard of evidence for obtaining a DVPO was changed to "the subjective fear of the woman/complainant." Somehow or other, the woman - tinfoil hat in hand - must have convinced the judge that she was genuinely afraid of David Letterman being a "controlling male," the ultimate offense in the bedwetting radical feminist litany of possible sins.

Conservative talk show host Tucker Carlson was accused of raping a woman he had never met. On the night he "raped" her, he was at a speaking engagement states away. He spent tens of thousands of dollars defending himself against the false allegation before he was even charged.

Two words: Duke Lacrosse.

The Criminal Law Professor's blog, populated by people who have been active in both the prosecution and defense bars, contains estimates that anywhere from 20% to more than 50% of all rape, domestic violence, sexual harrassment, and child abuse allegations are false.

Yet in most states a woman CANNOT be charged with perjury for any statement that she makes in connection with a Domestic Violence Protective Order complaint. And neither of the actually guilty parties - the so-called rape "victims" in the Tucker Carlson and Duke Lacrosse cases, were charged with a crime.

Do we really want to make it THIS easy for women to lie?

For those not actually acquainted with feminist jurisprudence it is a common assertion among feminists that "Women don't lie about rape/domestic violence/whatever" or, conversely, the more moderate claim is that women only make false allegations of rape or domestic violence at the same rate as fale reports of other crimes (around 2%).

However, every legal innovation sponsored by feminists makes it easier to lie (for instance, excluding perjury from DVPO claims, so-called "rape shield laws", and the lowering of the standard of evidence to "the subjective fear of the woman" in DV cases) and the evidence among those in the know is that claims of rape and domestic violence are falsely reported at a rate from 10 to 30 TIMES as high as false reports for any other crime.

And most people do not realize that Bill Clinton's modifications of VAWA essentially made it easier for women to effectively lie. Not only has the standard of evidence been changed to "the subjective fear of the woman" (whereas the standard for civil claims is "the preponderance of the evidence", i.e., 50%+ likelihood, and for criminal cases is "beyond reasonable doubt"), but it is now the policy of most police departments to have a "Must-Arrest" policy consequent to any domestic violence allegation - no matter how ridiculous the story told by the woman, or no matter the lack of evidence, or no matter the number of contradictions in her account. No matter the evidence to the contrary - local police MUST arrest the person against whom the complaint is filed on some criminal charge if a Domestic Violence Protective Order is filed.

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