Changes in the air?

[MYSONSDAD]

http://www.mensnewsdaily.com/archive/m-n/mcelroy/2005/mcelroy012705.htm

Removing Legal Incentives to Lie

January 27, 2005
by Wendy McElroy

Bill Cosby is the latest cultural icon to face highly publicized and
unproven allegations of sexual misconduct.

Indeed, police charges have not even been filed. Whatever may be proven
true of Cosby's conduct, the emerging scandal once again raises questions
about how society should deal with accusations.

What can be done about the growing perception that false accusations --
especially by women -- are commonplace in matters of divorce, child
support, and in sexual abuse cases that devolve into little more than
competing stories?

The false accusations that grab the spotlight are usually connected to
sexual abuse and celebrities. For example, one headline last week read,
"H.S. Coach Awarded $4.5 Million for False Accusation in Sex Case: No
Charges Were Ever Filed Against Patrick Gillan."

Nevertheless, Gillan's mug shot was displayed on TV and in several
newspapers, along with the accusation. Another headline stated, "Woman Who
Accused Celine Dion's Husband of Rape Gets Prison." The article went on to
explain, "A woman who tried to extort millions of dollars...has been
sentenced to up to five years in prison."

But the false accusations that impact most people are more commonplace.
They often occur in the process of divorce, in battles over custody and
child support. For years, advocates of fathers' rights have accused the
family courts of being "anti-male" and of rubber-stamping women's claims.
And, judging by increasing interest in concepts like shared custody, their
voices are being heard.

Unfortunately, the sensational headlines along with men's disillusionment
are creating something of a backlash against women who make any
allegations at all -- true or false. The backlash should be directed
against the legal system itself for offering incentives to lie.

The fact that people lie -- not just women, but people -- has been
acknowledged for many centuries. It is no coincidence that the Ninth
Commandment is "Thou shalt not bear false witness against thy neighbor";
the scripture is widely interpreted to address sworn testimony in court.

Human nature has not changed, and a responsible legal system must promote
honesty. For example, the system can require an oath in criminal court and
enforce penalties for perjury. To be effective, these safeguards have to
be enforced equally on both sexes and all races. Today, the enforcement of
such safeguards has become all the more important for women if they wish
for their legitimate accusations to be taken seriously in the future.

The ancient Hebrews employed a rather severe standard. Those who gave
false testimony before a court were liable for whatever punishment would
have been inflicted on the accused, including death.

Fortunately, false accusations can be minimized without draconian
measures. The simplest solution is to remove from the legal system
incentives to lie. In many cases, removing the incentive will eliminate
sensational trials with murky "he said/she said" scenarios.

Often both the incentive and the lie are clear-cut. For example, consider
paternity claims that are proven false. Such claims almost never result in
legal sanctions against a mother who has knowingly lied. Indeed, she may
continue to be rewarded with child support after the falsehood is
revealed. This is because many states require "named" fathers to pay child
support even when DNA tests prove they have no biological relationship to
the children.

The situation may be changing in the near future.

The Washington Times reported on a precedent-setting situation in
California where a June court decision and a law that became active on
Jan. 1 now allow existing child support obligations to be overturned by
men who can prove they are not biological fathers.

One California attorney, Marc Angelucci, is pressing to establish another
precedent. He has filed in civil court for restitution from the mother and
Los Angeles county officials for child support his client was forced to
pay for a child that was not his. His client is Taron James, founder of
the organization Veterans Against Paternity Fraud; the next court date is
Jan. 25.

This is an ideal area for the courts to eliminate an incentive to lie by
removing the reward for doing so and enforcing penalties against fraud.
The media-grabbing cases may spotlight false accusations as a social
problem, but it is in the day-to-day grind of administering law that the
solution will emerge.

Other solutions for removing the incentive to lie exist. To list just two
and all too briefly:

     * Require criminal charges, like sexual abuse, to be proven beyond a
reasonable doubt in criminal court before they can proceed to the far
looser standards of evidence (and honesty) within civil courts. This would
remove the financial incentive of a civil court award.

     * Stop applying anti-SLAPP laws to proven cases of false accusations.
Anti-SLAPP laws were passed to prevent large corporations from maliciously
suing and, thus, silencing, private citizens and grassroots activists. It
prohibits such lawsuits.

In some areas, like Massachusetts, the law has been applied to immunize
social workers and mothers who seek custody from the consequences of
misconduct. This turns the intent of anti-SLAPP law inside out. It is
literally being used by those in power against "the man in the street."

As juicy accusations flood the news, the weary skepticism with which we
view both the accused and the accusers will probably increase. Cynicism is
an easy non-solution. Those who wish to resolve the problem of false
accusations will roll up their sleeves and start pushing back the legal
incentives that reward lies and cheapen justice.

Wendy McElroy

Wendy McElroy is the editor of
ifeminists.com. She is the author and editor of many books and articles,
including her new anthology Liberty for Women: Freedom and Feminism in the
21st Century (Ivan R. Dee/Independent Institute, 2002). She lives with her
husband in Canada. Other articles by Wendy McElroy can be found in the
MensNewsDaily.com archive.

[Kent]

The case of Taron James was continued again.
The next date is for April 25th, 2005
at 600 Commonwealth  Los Angeles, CA 90005