We do have something of a problem in the fashionable mantra that we must always believe the victim in rape cases. For until we’ve established that we are in fact dealing with a rape we don’t have a victim. And no, it is not true that every allegation of rape is in fact a rape.
This being the problem with the crime in and of itself. The activity itself, sex, is something commonly (and uncommonly Ha Ha!) enjoyed by billions of us. Sex in and of itself is not a crime and is most certainly not rape – despite the more lemon faced of the feminists insisting that all cis- and hetero- penetrative sex is indeed such. The crime occurs when there is no consent. Which is what must be established, that lack of consent, before we can conclude that there has been a rape and there is therefore a victim in existence.
The blur between consent and not is not just a matter of false allegations. But as the mantra goes, such false allegations are so rare as to not need worrying about:[perfectpullquote align=”full” bordertop=”false” cite=”” link=”” color=”” class=”” size=””]A 19-year-old British woman accused of making up a gang rape attack while on holiday in Cyprus hid her face as she arrived for her first court hearing.[/perfectpullquote]
Ah, yes, well, that’s a bit of a problem, isn’t it?[perfectpullquote align=”full” bordertop=”false” cite=”” link=”” color=”” class=”” size=””] A BRITISH woman appeared in court today accused of making up allegations she was gang raped by a dozen men in Ayia Napa. The 19-year-old’s arrest came after investigators released 12 Israeli men she had accused of attacking her at the hotel in the party hot spot. [/perfectpullquote]
Does this count as one false allegation or a dozen?[perfectpullquote align=”full” bordertop=”false” cite=”” link=”” color=”” class=”” size=””] The British woman contacted police in the early hours of 17 July saying she had been assaulted in a hotel in the holiday resort. Later that day police arrested 12 males, who were remanded in custody. The group, aged from 15 to 20, denied the claim. Five of the group were released on Thursday and the remaining seven were sent home on Sunday. [/perfectpullquote]
So, what did happen?
The state-run Cyprus News Agency reported the woman allegedly told investigators she filed a rape report because she was “angry and insulted” that some of the Israelis allegedly recorded video of her having consensual sex with a number of them.
Mr Habaris and another defence lawyer, Nir Yavlovitzh, also told reporters they intend to sue the young woman on behalf of those she accused, who were detained for 11 days.
Consensual group sex leads to a rape allegation and 133 days or so of jail time for the accused.
Yes, yes, of course, we must always believe the victim, right? Or perhaps we should be adult – and listen to the purported victim, the claimant, and then decide what to do?