Something Was Wrong - Data Points: False Reporting and Its Impact on Survivors

Starting point is 00:00:00 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. 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

Starting point is 00:00:31 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,

Starting point is 00:00:52 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, we'll be referring specifically to sexual assault.

Starting point is 00:01:27 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.

Starting point is 00:02:14 communities. The study reviewed data collected by nationwide law enforcement agencies about all sexual assault reports received within an 18-24 month period. Of the 2,059 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 2-8% 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, quote, weak

Starting point is 00:02:58 understanding of sexual assault, end quote. 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 twenties.

Starting point is 00:03:39 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. One rationale behind false reporting may be because of, quote, mental illness or depression, attention or sympathy, or even revenge, end quote. 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

Starting point is 00:04:35 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 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. Individuals may be wary of reporting because of re-traumatization that can happen through

Starting point is 00:05:19 the questioning and investigation process. Additionally, they may fear that law enforcement won't take their claims seriously. This reasoning 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, 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. The FBI and IACP created a set of guidelines with factors that should be excluded

Starting point is 00:06:02 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.

Starting point is 00:06:56 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

Starting point is 00:07:38 those falsely accused. The case of Brian Banks illustrates this severity. In 2002, when Banks was just 16, his high school acquaintance, Wynetta 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

Starting point is 00:08:16 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 hashtag 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

Starting point is 00:09:08 Me Too in response while speaking with survivors of sexual assault. However, the phrase and movement became popularized in 2017 in response to the reports of sexual abuse perpetrated by American film producer Harvey Weinstein. Actress Melissassa 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. In response, some states in the US

Starting point is 00:09:42 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 ten U.S. 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

Starting point is 00:10:34 be held accountable for their actions. Also, roughly six in ten Americans 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 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

Starting point is 00:11:46 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.

Starting point is 00:12:36 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.

Starting point is 00:13:17 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 24-7 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.

Starting point is 00:13:56 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. justice, please visit somethingwaswrong.com slash 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.

Starting point is 00:14:33 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 Bechesler. Thank you so much again for listening and learning with us. 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. Before you go, tell us about yourself by filling out a short survey at Wondery.com slash survey.

Starting point is 00:15:17 Did you know that after World War II, the U.S. government quietly brought former Nazi scientists to America in a covert operation to advance military technology? Or that in the 1950s the US Army conducted a secret experiment by releasing bacteria over San Francisco to test how a biological attack might spread without alerting the public? These might sound like conspiracy theories, but they're not. They're well-documented government operations that have been hidden away in classified files for decades. I'm Luke Lamanna, a Marine Corps recon vent, and I've always had a thing for digging into

Starting point is 00:15:50 the unknown. It's what led me to start my new podcast, Redacted Declassified Mysteries. In it, I explore hidden truths and reveal some eye-opening events, like covert experiments and secret operations that those in power tried to keep buried. Follow redacted, declassified mysteries with me, Luke Lamanna, on the Wondery app or wherever you get your podcasts. To listen ad-free, join Wondery Plus in the Wondery app.

Something Was Wrong - Data Points: False Reporting and Its Impact on Survivors

There aren't comments yet for this episode. Click on any sentence in the transcript to leave a comment.