Data Points: False Reporting and Its Impact on Survivors

Summary

Podcast Summary: Something Was Wrong

Episode: Data Points: False Reporting and Its Impact on Survivors
Release Date: November 12, 2024
Host/Author: Broken Cycle Media | Wondery

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Introduction to False Reporting in Sexual Assault Cases

In the episode titled Data Points: False Reporting and Its Impact on Survivors, Amy B. Chesler delves deep into the sensitive and complex issue of false reporting in the context of sexual assault. She underscores the critical importance of believing and supporting victims from the outset, regardless of the statistical likelihood of false allegations. Chesler emphasizes that initial openness and understanding can significantly influence a survivor's path to recovery.

“Believing someone safely and with initial openness and understanding can have a vast impact on a victim's trajectory.” [00:30]

Prevalence and Statistics of False Reporting

Chesler presents comprehensive data to illustrate the rarity of false reporting in sexual assault cases. Citing the FBI, she explains that false allegations typically range between 2% and 8%. For instance, the Los Angeles Police Department reported a 4.5% false report rate in 2008. The Making a Difference (MAD) project found 7% of 2,059 cases across eight U.S. communities were false reports.

“The rate of false reporting is estimated to be between 2 and 8%.” [04:00]

Interestingly, the National Sexual Violence Resource Center suggests that these figures might be overestimated due to law enforcement practices. Furthermore, studies indicate that while both men and women can make false allegations, women are the majority perpetrators of false claims, predominantly driven by desires for attention or sympathy.

“73.3% of false allegations were perpetrated by women...” [06:45]

Impact of False Reporting on Survivors

Despite the low incidence, false reporting has significant repercussions. Chesler highlights that the presence of false reports can deter genuine survivors from coming forward, fearing disbelief or re-traumatization through the investigative process. The Rape, Abuse, and Incest National Network (RAINN) reports that over two-thirds of sexual assaults go unreported, with only 310 out of every 1,000 assaults making it to law enforcement.

“Only 310 out of every 1000 sexual assaults are reported to police...” [08:30]

Challenges in Reporting Sexual Assault

Survivors face numerous obstacles when considering reporting sexual assaults. The fear of not being taken seriously, the potential for re-traumatization, and the stigma associated with reporting such crimes contribute to the low reporting rates. Chesler stresses the need for a nuanced approach in evaluating reports to ensure that survivors receive the support and belief they deserve.

“A more nuanced approach must be required while evaluating reports...” [10:15]

Law Enforcement Guidelines and Misconceptions

The episode outlines guidelines set by the FBI and the International Association of Chiefs of Police (IACP) for determining the legitimacy of sexual assault reports. Factors such as insufficient evidence, delayed reporting, and inconsistencies in victim statements are considered. However, Chesler points out that understanding the psychological impact of trauma is essential in interpreting these factors correctly.

“Law enforcement should uphold the determination that a report of sexual assault is false only if the evidence establishes that no crime was committed...” [11:50]

Consequences of False Reporting

Chesler discusses the broader implications of false reporting, including the diversion of law enforcement resources from genuine cases and the erosion of trust between survivors and authorities. She illustrates the personal toll through the case of Brian Banks, who was falsely accused of rape, leading to wrongful imprisonment and lasting psychological damage despite eventual exoneration.

“The lasting damage from the false report on Banks and his loved ones is undeniable.” [13:20]

The MeToo Movement and Its Effects

Shifting focus, the episode explores how the MeToo movement has transformed societal attitudes towards sexual assault. Originating in 2006 with Tarana Burke and gaining global momentum in 2017, MeToo has empowered survivors, increased awareness, and prompted legislative changes such as abolishing statutes of limitations and banning non-disclosure agreements related to sexual abuse.

“The MeToo movement has proven helpful in believing survivors and holding perpetrators accountable.” [14:10]

Public Perception and Skepticism

Chesler highlights mixed public reactions to the MeToo movement. While a Pew Research study shows increased accountability and belief in survivors, skepticism persists, with 18% opposing the movement due to fears of false allegations. This skepticism can hinder survivors from seeking justice and perpetuate stigma.

“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.” [14:35]

Legal Ramifications for False Reporting

Addressing prevention, Chesler outlines the legal consequences of making false reports. Depending on jurisdiction, false reporting can be classified as a misdemeanor or felony, with penalties ranging from fines to imprisonment. Additionally, false allegations can be federal offenses if directed at federal entities.

“Filing a false report to law enforcement can be classified as either a misdemeanor or a felony...” [15:00]

Resources for Survivors and Perpetrators

The episode concludes by providing resources for both survivors of sexual assault and individuals struggling with the impulse to make false reports. Organizations like the National Alliance on Mental Illness (NAMI), the National Sexual Violence Resource Center, and RAINN offer educational materials, support networks, and mental health services to aid in recovery and prevention.

“One valuable resource for potential perpetrators of false reporting or actual victims of sexual assault... is the nonprofit national alliance on Mental Health, or NAMI.” [16:30]

Chesler encourages listeners to utilize these resources and participate in community support to foster a more understanding and just society for all survivors.

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Conclusion

In Data Points: False Reporting and Its Impact on Survivors, Amy B. Chesler provides a balanced and informative exploration of the sensitive issue of false reporting in sexual assault cases. By presenting statistical data, personal stories, and discussing the broader societal impacts, the episode underscores the importance of believing and supporting survivors while acknowledging and addressing the complexities surrounding false allegations.

Transcript

[Wondery Host]

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

[Amy B. Chesler]

Hi friends, this is Amy B. Chesler of Season seven 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. These episodes will include educational information and support on different topics that are important to our community. Thank you so much for listening. 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 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. 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. False allegations can span many crimes, but in this episode be referring specifically to sexual assault. 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. However, many studies have concluded that the rate of false reporting is estimated to be between 2 and 8%. For example, data on sexual assault cases from the Los Angeles Police Department in 2008 found that 4.5% of the reports were false. Furthermore, the Making a Difference or MAD 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 about all sexual assault reports received within an 18 to 24 month period. Of the 2059 cases that were included in the study, 140 or 7% of them were classified as a false report of sexual assault. Still, the reported range of 2 to 8% for false sexual assault claims might actually be an overestimate. The National Sexual Violence Resource center shares how false reporting data inflates because of law enforcement's negligence to follow recommended guidelines and a weak understanding of sexual assault, both men and women make false allegations. However, statistically speaking, women are the perpetrators of false claims the majority of the time. 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. 43.3% of offenders were high school graduates without further education, typically in their late teens or early 20s. 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, according to the FBI. Some rationale behind false reporting may be because of mental illness or depression, attention or sympathy, or even revenge. 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. And although the projected percentage of false reports is low, it still deeply affects how survivors decide to report the real crimes they experience. 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. Only 310 out of every 1000 sexual assaults are reported to police, meaning that more than two out of three sexual assaults go unreported. There are many reasons why survivors choose not to move forward in reporting this crime. 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. This reason correlates with the impact of false reports no matter how few allegations are actually false. According to the International association of Chiefs of Police or iacp, law enforcement should uphold the determination that a report of sexual assault is false only if the evidence establishes that no crime was committed or attempted. 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. To some, these points may lead you to believe a false report occurred. 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. 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. Filing a false police report misleads law enforcement and undermines the criminal justice system, 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. 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. 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. In 2002, when Banks was just 16, his high school acquaintance Junetta 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. 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. 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. Although false reports have profound repercussions, it's important to highlight how much movements like MeToo have validated survivors of sexual assault. The MeToo movement was a global initiative to raise awareness regarding sexual harassment and sexual abuse, specifically of women in the workplace. In 2006, Tarana Burke regularly used the quote me too in response while speaking with survivors of sexual assault. However, the phrase and movement became popularized in 2017, a response to the reports of sexual abuse perpetrated by American film producer Harvey Weinstein. Actress Melissa Milano tweeted Burke's coined phrase MeToo, which ignited a social media movement that heightened awareness, empowered survivors, and prompted significant cultural and workplace transformations. In response, some states in the US 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. 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. A 2022 Pew Research study proved how valuable and seriously Americans have taken the MeToo movement. Seven in 10 US 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. Also, roughly 6 in 10Americans believe that the individuals who report harassment or assault at work are now more likely to be believed. 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. 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. Despite these statistics and common beliefs among Americans, 18% of respondents still oppose the MeToo movement because of the potential of false allegations. Still, the MeToo 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, 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. 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. However, criminalizing false reporting is one measure towards future prevention. There are legal ramifications for false reporting. 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. 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. 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. Another beneficial preventative measure may be mental health counseling to work to mitigate perpetrators urges and actions. One valuable resource for potential perpetrators of false reporting or actual victims of sexual assault navigating working through their experience is the nonprofit national alliance on Mental Health, or nami. NAMI is the nation's largest grassroots mental health organization and it offers educational resources regarding mental illness, support Networks for individuals and 247 mental health support to every American. Additionally, there are many amazing resources for survivors of sexual assault that can help with the process of reporting and making them feel supported. 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. 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 resources Many of the amazing groups listed on the website can only exist because of the community's help and support from people like you. 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.

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