Abuse bill gets tentative OK (TX- makes a "false" charge a felony)

[antigone382]

Posted by Rose Siding in LBN:

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=102&topic_id=1280507#1280577

AUSTIN - The Texas Senate gave tentative approval Wednesday to a bill that would overhaul the way the state investigates abuse of children and the elderly and would make it a felony to "knowingly" make false allegations.

State Sen. Jane Nelson's measure is in response to Gov. Rick Perry's call for emergency reforms to fix the state's troubled child and adult protective services agencies.

In the past year, a series of child deaths and near tragedies involving both children and older and incapacitated adults has shocked the public. Many of the more publicized cases occurred despite earlier intervention by state caseworkers who say they are handling too many cases because of job turnover.
...
But the issue that attracted the most discussion on the Senate floor was the proposal that false reporting of abuse should be made a felony, punishable upon conviction by up to two years in a state jail facility.

State Sen. Leticia Van de Putte, D-San Antonio, argued that the provision would deter people from reporting abuse because they could be sent to jail if they are wrong.

http://www.chron.com/cs/CDA/ssistory.mpl/metropolitan/3...


So, in a state notorious for the unfettered abuse, rape, and murder of women, they're going to make reporting abuse an even more daunting prospect than it already is. Does anyone else think this is NOT the direction Texas needs to be going in?

[DemoVet]

1. Didn't Ann Richards' opponent for Governor say that rape was like a storm

"You can't do anything about it so you might as well just lay back and enjoy it" or something hideously obscene like that? Sounds like the prevailing winger attitude down there to me, although I wonder how he'd feel if he were the one getting bunged.

[antigone382]

2. I don't know, but I wouldn't be surprised.

These people really make me sick. :puke:

[MountainLaurel]

12. Erm

Wasn't the Shrub Ann Richards' opponent for governor?

[napi21]

3. I think the false charges penalty is a good thing.

Can you even imagine how your life would be destroyed if someone made false abuse charges on you? I think it's way to easy for someone who is pissed off at you for some reason to use that tactic, and you know it's impossible to prove a negative. AND, it's impossible to repair you good name after the fact!

[antigone382]

5. I can see where it would be useful, but there are serious drawbacks.

Texas is famous for the abuse of women and children, and for its lack of justice in prosecuting their attackers. They're touting this as a solution to the problem, when the truth is that it will do more to punish the victims.

Just a month or two ago the story came out about a guy in Texas who shot his estranged wife's boyfriend, left, and then came back and fatally shot her. He got fifteen years for injuring the boyfriend, and if I'm not mistaken, about two years for murdering her...the jury's reasoning was that her murder was a "crime of passion," which in effect is saying that she deserved it. Granted, that's just one case, but you can hear similar stories and see similar results every day.

Summoning the courage to report an abuser already takes tremendous effort, especially when you live in a place with little justice towards victims. Bringing in the possibility of potential jail-time if there aren't enough bruises in the right places is not the right way to go.

[MountainLaurel]

13. However

There was a molestation case in MD recently that involved a "false report." Teenager reported that her stepfather raped her. Because there was no physical "proof" and because her mother claimed that the girl was just trying to get attention, she was charged with making a false clain and had to do community service. Well, the mother requested that the husband move back in and the judge allowed it. A year later the girl had a baby, who was genetically proven to be the stepfather's child. Wonder if that was proof enough that he was raping her?

[BOHICA06]

4. If you have been a victim of a false report ....

then you would know the damage an anonymous phone call can inflict.

Hell, I'd like to see it made a capital offense!!!! But felony would be OK for now.

[antigone382]

6. My main beef is that they're touting it as a solution to the abuse crisis.

I had a friend who was a victim of a false report, and I know that it can wreck a person's life. However, I've also been a victim of abuse, and as a little girl I was acquainted with the good ol' boy judicial system that frequently fails to punish men who are abusers, despite ample proof. I find the message of this bill to be intimidating and anti-victim, which is the opposite of the message this particular state should be sending if they really want to deal with abuse.

Granted, I may not be judging this in a totally fair manner, since I am a woman who has been a victim of abuse, and since this bill is coming out of a state that is notorious for the inability of abused and victimized women to get justice. Protecting innocent people from dealing with false abuse reports is important, but I don't think it should be number one on Texas's list of priorities. They need to deal with their unfair judicial system, and they need to strengthen and enforce laws protecting women and children.

[BOHICA06]

8. See, as victims we have skewed views ....

best not to let us make the rules.

[beyurslf]

7. Here in KS, mandated reporters are to report any SUSPECTED abuse

whether we know it happened or not....even if we think it was NOT abuse. If it could have been abuse... if we suspect it is a possibility...we must turn it in. It is the responisibilty of the investigator to determine if abuse occurred. It should never be incumbent on the reporter.

[napi21]

9. I can see both sides on this issue.

In California, they teach school kids to report abusive parents, which sounds like a good thing...except the kids now threaten their parents when they are unhappy with a decision their parents made, like not giving permission to go somewhere, and say "I'll call DFS if you don't let me go, and tell them you abuse me!"

Some women are very vindictive, and make false accusations as revenge.

I doubt this law penalizing people for filing false accusations would make any difference if the abuse was real, but just might cause some to think first before filing a false one because the punishment could also affect them and not only their victim.

[chicaloca]

10. Holy fucking misogyny

"Some women are very vindictive, and make false accusations as revenge."

Um, why are only women "very vindictive"? You know, this law would apply to men as well. Why are you only accusing women of being liars? And furthermore, according to the FBI, more people falsely report their own death than file a false report of rape. And the way the justice system treats accusers is already punishment enough for bringing a charge. Also, when only about 16% of rape victims report it to the police, there's a big fucking problem with a law like this. At least such a law would be understandable if Texas had taken any steps at all to destigmatize being raped or assaulted so that more people would come forward, or if it had done anything at to find out why so few people report rape. But they haven't. And I'm guessing, napi21, that you also haven't done shit to end the hatred and violence that survivors encounter when they come forward, so I have a pretty hard time taking you seriously. I'm also guessing that you've never been raped or assaulted, and you have no bloody clue how difficult it is to come forward. In fact, I would hazard to guess that every misogynist who argues in favor of this law on this thread has never been raped or assaulted. None of you know what it's like to get dumped by your boyfriend when he finds out what happened, to lose your two closest guy friends, to hide your self-inflicted wounds and contemplate suicide every day, to wonder how you could possibly be such an awful person that you deserved to be raped by your ex-boyfriend, and realize that your father would never talk to you again if he knew. None of you who are going to come forward in favor of this proposal have any goddamn clue what it's like to be in a survivor's shoes. And you know what? Even though you're all despicable people who've pushed me and any other survivors reading this one step closer to complete insanity or worse, I wouldn't ever wish for you to know what it's like.

(citation for 16% statistic here: http://www.vawnet.org/SexualViolence/PublicPolicy/MakingSenseofRape.pdf )

[Tsiyu]

11. Thank you.

Let's view this legislation another way, shall we?

Suppose it's Texas. 1900. We're in a dusty little town. Tumbleweeds. Hitchin' posts. Brothels. The whole cowboy scene.


Last year, our citizens had 700 of their horses stolen. The sheriff turned his head the other way. He never solved the crimes and no one's horses were returned, no matter how much we the people complained or suffered.

The penalty for stealing a man's bottle of whiskey is punishable by death. The penalty for stealing a horse - a man or woman's way of life, transportation, labor - is a month in the jailhouse

The next year, 1200 horses are stolen. The town is in an uproar. As a response, a Councilman proposes a law that would hang anyone who falsely accused another of horse thieving. Only one person in the whole town was ever accused of stealing a horse, mind you, and that was the Sheriff himself. And he sued his accuser, won, and got a pound of gold.

What would your response to this law be if you were one of the victims of the horse thieves? If you were stuck in this stupid little podunk town with no way out because your ride was gone?

Open your mind.