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Re: Is it illegal to lie about domestic abuse?

May 16, 2018 03:48AM
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ramBRO
Well, according to the article, she recanted the story a few days after the alleged incident but the DA decided to file charges regardless. So, they either felt that: A) there was enough evidence to convict him without her testimony; and/or, B ) the DA's office felt that they could not decline to file charges considering several other recent hi-profile cases occurring throughout the country. but it's unclear if they entertained the thought of her testifying on his behalf, though.

As for whether or not it is illegal to lie about domestic abuse...filing a false police report is a misdemeanor. But I don't know if the DA would ever consider filing against her. That might be seen as a discouragement to reporting domestic abuse.

It's not unusual for the abused party to want to "drop charges" or recant a few days after the incident. What abused parties don't realize is they are just a witness, the crime is against the state, and the witness cannot drop the charges. The evidence gathered at the time of the report will play a large role. Additionally, the girlfriend is going to have to provide a verifiable motive for having given a false report, and a verifiable motive for recanting it a few days later for anyone to give any serious thought to the idea that she's telling the truth (there must be another crime scene, witnesses, the person she was in a fight with, motive for the fight, etc., etc.).

If they were able to verify she gave a false report (which is not what happened, just saying) they should absolutely prosecute her for giving a false report to the full extent of the law. I certainly hope that the assertion that it is "unlikely" they would prosecute her is false since in Santa Clara County a man can, and most likely will be arrested on the word of a woman that she was assaulted by a man even if there is zero evidence to corroborate the accusation (if said incident just happened and is not something that took place sometime prior to the report...in the legal since of time). For it to be the easy to be arrested there must be a penalty for making a false accusation, to let people off for doing so sends the wrong message and creates many, many problems.
SubjectAuthorViewsPosted

  49'ers Reuben Foster's Ex-Girlfriend Plans To Testify Thursday

ramBRO363May 15, 2018 12:34PM

  Is it illegal to lie about domestic abuse?

Ram_Ruler113May 15, 2018 02:25PM

  Re: Is it illegal to lie about domestic abuse?

ramBRO106May 15, 2018 02:58PM

  Re: Is it illegal to lie about domestic abuse?

ABQRam59May 16, 2018 03:48AM

  True. But when is the last time you heard of prosecution for false abuse report?

RockRam53May 16, 2018 04:34AM

  California Penal Code 148.5

stlramz113May 15, 2018 03:57PM

  Re: 49'ers Reuben Foster's Ex-Girlfriend Plans To Testify Thursday

bigjimram2187May 15, 2018 09:03PM

  this happens all the time.....

Rampage2K-118May 16, 2018 06:29AM

  Re: this happens all the time.....

zn97May 16, 2018 06:41AM

  Re: this happens all the time.....

Ramsfsninmd86May 16, 2018 06:57AM

  Re: this happens all the time.....

ramBRO74May 16, 2018 07:58AM

  Re: this happens all the time.....

zn56May 16, 2018 08:18AM

  Re: this happens all the time.....

Ramsdude58May 16, 2018 08:23AM

  Re: this happens all the time.....

ramBRO44May 16, 2018 09:19AM

  Re: this happens all the time.....

zn60May 16, 2018 09:58AM

  Re: this happens all the time.....

bigjimram2142May 16, 2018 09:16PM

  I'm not sure

waterfield67May 16, 2018 09:02AM