Brian Banks was 16 years old 6’2 220 pound linebacker, one of the most highly recruited middle linebackers in the nation says Gary Myers, “Brian Banks spent five years in prison after being falsely accused of rape, but now he finally has a career in the NFL” 1/25/2015. Brian had a full scholarship to USC. He had never been in trouble with authorities before. Steps outside his high school summer class on July 8th, 2002 for what's supposed to be a quick call with a documentary crew about a football game. He runs into a friend of his, Wanetta Gibson. They hugged, talked, then went to a spot on campus people called the “makeout area”. They made out nothing more. Brian was in custody at the end of the day for raping Wanetta Gibson. He was later tried, on trial he was told he had no chance of winning because he was a big black teenager against an all-white jury. Brian had a choice to plead to a crime he didn't commit. Which would give him 3-6 years, or take a chance and possibly get 41 years to life! He ended up getting 6 years. The next 6 years of his life, his football dreams all gone. Later after Brian was released Wanneta was asked if she was raped by Brian, she laughed and said of course not. I think there should be a penalty for false accusations. So I will be talking about why people falsely accuse, its Effects on men and women, and Is false accusations a crime itself, and what should it be

First, Why do people falsely accuse? Schweitzer & Davidian “False Allegations and Sexual Assault: An In-Depth Look” written on January 15th, 2020 says there are 3 main reasons for false rape accusations. First personal gain, Like Wanetta, received 1.5 million dollars from the school because she claimed it was an unsafe environment.  Secondly, mental illness, “people who have severe psychosis have been known to allege instances of rape that never took place”. Psychosis is when someone loses contact with reality, so like hearing voices in their head.  Lastly, revenge, what may be surprising is a breakup is rarely the reason for a false allegation. There are many reasons why but one is on a man she thought stole her husband's truck. Those were some of the main reasons for false rape accusations. So what effects do people have from false rape accusations, why is it so harmful?

Second, Effects on men and women. Let’s start with the number of people being falsely accused. BBC News “The truth about false assault accusations by women” September 18, 2018, says over the past 20 years the FBI has determined the number of false rape accusations to be 8%. Which I agree is not a crazy amount. But that 8% are men's lives at risk, for example, Brian Banks. But compared to the number of rapes not reported 65% according to the Dordulian law group “Top 10 Reasons People Do Not Report Sexual Abuse” 9/22/2020. There are lots of reasons why women don't report rape such as shame, fear of the justice system, and don't want friends and family to know; rape is very destructive to mental health. Should there be a punishment for false accusations as over half of women already don't report them? 

Lastly, are false accusations a crime itself, and what should it be. Neal Davis, “Is It a Crime to Falsely Accuse Someone of a Sex Offense?” 2/7/18 says “It may be, but that depends on the intent of the report”. It's not a crime to mistakenly accuse someone if they truly thought they did it, but if the accuser doesn't provide a reasonable case for believing the crime happened they could face civil or criminal charges. I think this is a fair process because if there's not enough evidence we can't just be playing guess who on a possibly an innocent man or woman. So I think the way rape cases are looked at now is good, but a way to make it easier for more men and women to report would be crucial. I just don't have an answer that could make it easier but also not increase false rape accusations.

In conclusion, I talked about why people falsely accuse rape, the effects of false rape accusations on men and women, and are false accusations a crime itself, and what I think it should be. That's why I think false rape accusations should be a crime because it makes me sad when I hear innocent men like Brian Banks's careers and lives being ruined. Especially for a crime, they would never even think of doing. But also is terrible that so many men women are being sexually assaulted and not reporting rape. So you have to put both of those together and that's why it's hard to decide what's the right way to deal with sexual assault cases.