This post relates primarily to Australian law, but may include some references to laws in other western countries. The feminist lobby is frequently demanding more ‘protection’ under the law for women/girls. But as for similar calls or media coverage for recognition of the needs of men & boys? Well that would appear to be close to non-existent.
My initial thoughts are that attention to these various points would be worthwhile. Now, I’m not a lawyer so the comments here will no doubt require some serious ‘tweaking’, and the thoughts of readers would be most useful in this regard. You will also likely have your own suggestions regarding other reforms that might be required.
DNA testing at the time of birth should be mandatory with the results noted on the birth certificate. In the interim, and until such time as a database has been created, DNA testing should be required whenever an application of made for parental child support.
Where a child is conceived as a result of rape or statutory rape, then the victim of that sexual assault should not be required to provide financial support to the abuser.
Assets acquired prior to marriage should be protected from claim in the event of divorce, as should assets acquired by inheritance.
Where a court case related to sexual assault and/or domestic violence is terminated as a result of unreliable or conflicting evidence then it should be routine for a case against the accuser for false claim to be initiated. Where subsequently proven, there should be a minimum sentence imposed of not less than 12 months imprisonment.
Oh, and should you wish to also pass on your thoughts to the relevant authorities, then please note that the twitter accounts of Australian and New Zealand Attorney-Generals are as follows:
Australian Attorney-General @cporterwa, NZ Attorney-General @DavidParkerMP, Victorian A-G JillHennessyMP, NSW A-G @MarkSpeakman, QLD A-G @YvetteDAth, ACT A-G @Gordon_R_Ramsay, NT A-G @SelenaUibo, WA A-G @BobFergusonAG, SA A-G @VickieChapmanMP
** Please be advised that this post represents a working draft only **
Related pre-existing posts that are relevant to this topic include:
“The Federal Government will launch an inquiry into the family law system, after accusations the court system is failing vulnerable Australians.
Coalition backbenchers and the crossbench, including One Nation leader Pauline Hanson, have been calling for an inquiry for some time, arguing the system is too expensive and slow.
The inquiry will be run by former social services minister and long-serving Liberal MP Kevin Andrews.” (Source)
The feminist lobby and their domestic violence industry took great umbrage at this announcement. And so it began.
The Committee’s home page can be found here, and details concerning the making of submissions can be found here.
The first specific matter that the feminists got upset about was Pauline Hanson’s reference to the practice whereby some women make false claims against their former partners in family court, esp. in relation to domestic violence and sexual assault (refer example of outrage in the media).
In terms of topics related to the treatment of victims, another issue was that of couples counselling (related article). The feminist DV Industry is generally opposed to this practice, claiming that it exposes women to additional unnecessary risk. But not everyone was of the same view (related article).
Another curious complaint from various feminist spokespersons was that there had been too many inquiries, and the proposed inquiry was both unnecessary and would delay progress. This is extraordinary given the ongoing vocal urging for more inquiries/commissions/etc despite the many state and federal inquiries that have taken place – particularly related to domestic violence. A number of these inquiries can be seen listed in the relevant section of my Table of Contents page.
Submissions to the Family Law Inquiry have now closed, and a final report was due to be submitted in October 2020. On 31 August 2020, both Houses of Parliament agreed to extend the reporting date to the last sitting day in February 2021. An interim report was subsequently released on 7 October 2020.
In closing, how many, if any, of the following groups explicitly represent fathers/men and/or male victims of domestic abuse? How many have anything approaching gender equality with regards to their board and/or their staff?
Other posts in this blog that you might find relevant include:
Today the Australian media reported on a High Court case involving a pre-nuptial agreement (‘pre-nup’) between a wealthy property developer and his younger bride, who he met via a “web site for potential brides”:
Pre-nuptial agreements have never been a magic bullet to prevent financial exploitation where one spouse (usually the man) takes far more assets into a marriage than the other. It has always been a case of it being better to have a pre-nup than nothing at all, in order to reduce the likelihood of subsequent divorce-rape.
In Australia, and elsewhere, even competently and ethically prepared pre-nups are subject to legal challenge. In the case cited above, the nature of the agreement was found to constitute ‘unconscionable conduct’. This was said to be on the basis of both a demand that the agreement be signed or the marriage would not go ahead, and with respect of the terms of the financial settlement set out in the agreement.
One alternative that might be considered would involve relatively minor changes to relevant Australian law. What is proposed here is by no means a complete fix, but it would represent at least a step in the right direction.
In Thailand, as in various other countries, the law differentiates between assets accumulated prior to marriage, and assets accumulated during the marriage:
Sin Somros is/are the marital assets or property of the marriage jointly owned by husband and wife, in general all properties acquired after the marriage (except those listed in section 1471 under 3) (Source)
Sin suan tua is property which is exclusively owned by only one of the spouses. The owner of the sin suan tua property is free to dispose of it without having to account to the other spouse. Under the Civil and Commercial Code (CCC), property comprising the sin suan tua of a spouse consists of: (i) property belonging to the spouse before marriage; (ii) property for personal use, dress or ornaments suitable for the spouse’s station in life, or tools necessary for carrying on the profession of the spouse; (iii) property acquired by the spouse during marriage through a will or gift if that property was intended to be sin suan tua; and (iv) the khongman (a betrothal gift). (Source)
Thai law also allows for couples to enter into a pre-nuptial agreement, the details of which are as set out here.
The reality is that the current divorce laws in western countries favour the interests of women and were written at a time when society was a very different place, for example pre-advent of no-fault divorce and at a time when most women were house-wives.
Read this other blog post to see what happens in a situation where the husband still typically brings far more assets into the marriage than the wife (indeed the wife is more likely to be in debt at the time of marriage), where most divorces are initiated by women, and where the court system is dominated by white knights and older gents guided more by chivalry than a genuine commitment to justice.
A situation where pre-marriage assets are quarantined from seizure seems to be eminently fairer to me, but which politician/s in Australia would publicly support it? Sadly, very few or none at the present time – and certainly no-one in the ranks of the major parties.
Failure to consider and introduce legal reforms such as this will only accelerate the trend of men avoiding marriage and de-facto relationships, and the deleterious social impacts arising from that.
It will be interesting to see if a positive outcome of same-sex marriage in Australia will be greater enthusiasm for law reform related to the distribution of assets in the event of divorce. When straight men are the only ones impacted then such reform is anything but urgent (think, ‘glacial’). Indeed we have already seen heightened interest in the reform of laws related to alimony and spousal support brought on by the increasing numbers of cases involving divorces involving female spouses as primary bread-winners.
“On 16 March 2017, a Committee of the Australian Parliament adopted an inquiry into how Australia’s federal family law system can better support and protect people affected by family violence. The inquiry was referred by the Attorney-General, Senator the Hon. George Brandis Q.C. The Committee aims to make recommendations that will improve the system for all participants.” (Source)
Members of the public were able to provide feedback in the following ways:
One such issue was the possibility of creating some sort of nexus between the nature of court orders made in relation to spousal support and property settlement, and the presence or alleged presence of family violence in the relationship. This is described in the Terms of Reference at point 4:
“How the family law system can better support people who have been subjected to family violence recover financially, including the extent to which family violence should be taken into account in the making of property division orders”
Men are already being blackmailed with allegations of domestic violence or sexual abuse in relation to child custody matters, and now it seems they will also have to worry about the impact of such allegations on their financial affairs (strike 2). How many more male suicides will this generate?
As of 21 June 2017, 114 public submissions have been uploaded onto the Committee’s web site. I tendered a brief submission which can be accessed here (see submission 113).
The Committee subsequently tabled its report in Parliament on 7 December 2017. The report, which makes 33 recommendations, is available to read on the Committee’s web page at this link. The media release for the tabling of the report can also be found at this link.
Under a 2010 resolution of the House of Representatives, the Government is required to respond to the report within six months. When the Government has provided a response it will be made available on the Committee’s web page.
This post deals with false accusations or allegations by women in relation to sexual harassment, sexual assault, and domestic violence.
False allegations in relation to online harassment are dealt with in this post. False allegations in relation to paternity fraud are dealt with in this post.
One of the common false claims made by feminists is that men’s rights activists assert that most women who claim to have been raped are lying. Personally I have never seen or heard this statement made by any MHRA. What is often stated however is that there are substantial and unacceptably high numbers of women making false rape accusations, and that this problem should be acknowledged and treated seriously (including charging the false accuser where appropriate).
Being the subject of a false accusation of sexual assault can be, and often is, a traumatic and life-changing experience for anyone. False rape allegations also minimise and demean the suffering and the credibility of victims of actual rape.
Let’s start with the Wikipedia entry for false rape allegations, which extracts data from many different studies. This highlights the practical difficulty in differentiating between false rape allegations, unproven allegations, and ‘not guilty’ verdicts for example. It does however refute the suggestion made by many feminists that false allegations are either non-existent or absolutely negligible.
Here in Australia I came across the following information:
“A Victorian study, which analysed 850 rapes reported to the police over the period 2000–03, found that only 2.1% of reports were designated as false by the police. In these cases, the alleged victim was either charged or told that she would be charged unless she dropped the complaint. While this only represents a fraction of the sample, there was a much larger proportion of cases where police were confident, or reasonably confident, that the allegations were false, but there was no attempt to institute charges against the alleged victim.” (Source here and related reddit discussion thread here)
This article ‘How often do women falsely cry rape?’ gives quite a fair and balanced intro to the issue and can be read in conjunction with the Wiki entry cited above. Further recommended reading:
I would also draw readers attention to a Twitter thread entitled ‘False allegations kill – help us to make a change’ (@KathleenM__).
A further summary of the false abuse and rape allegation literature can be found in a 2013 book by Phillip Cook and Tammy Hodo titled ‘When Women Sexually Abuse Men‘. While statistics in this literature are problematic, Cook and Hodo report four studies that found false allegation rates of 62 percent, 41 percent, 50 percent, and 60 percent.
How and why do women falsely claim to have been sexually assaulted? There are a number of factors underlying the false rape phenomenon, starting with the widespread and exaggerated picture of men as persistent and unrepentant aggressors.
This article mentions women who claimed to have been sexually assaulted after their drink was spiked, yet in almost all cases were not found to have any drugs in their system. (See also this discussion thread). This video provides a detailed analysis of the issue. I’s suggest that it’s highly likely however that there are in fact far more instances of drink-spiking by women – with the intention of theft (example here).
It might well be that many women are exercising bad judgement and then, rather than accepting accountability for what subsequently occurred, look about for someone or something to put the blame on. Were this be indicative of a broader trend re: women’s propensity to shift blame, clearly there is considerable potential for false rape allegations to occur.
The damage to young men who are falsely accused is further magnified via the growing number of university campuses that run kangaroo courts (quite separate from the judicial system) to punish those accused of rape.
Some of the wording used in this article caught my attention:
“We have concluded that we cannot go forward with prosecution because there is not a reasonable likelihood of conviction at trial,” said Senior Charging Attorney Jane Nicoletti-Jones. “In (this case), the statements of a witness other than the suspect or alleged victim were an important part of our decision.” Although officials declined to comment on this case specifically, it illustrates some of the hurdles that accusers and their advocates face when filing sexual assault complaints.” (my emphasis added)
In this case a witness or witnesses cast doubt on the accuracy of the rape accusation, but in this feminist journalists eyes such eyewitness statements are merely “hurdles”. Who cares about the truth or justice anyway … we just need to get those rapists men in jail.
Whilst false accusations are only one of several factors contributing to false imprisonment, it’s worth mentioning that 99% of the prisoners exonerated due to the efforts of the Innocence Project were male, and that more than half of them were initially found guilty of rape.
And here’s another perspective, addressed in this Twitter thread: “So found the data and one big problem with it: Charge ‘Perverting the course of justice’ But what were they lying about?, why were they charged with the above crime? There are so many reasons you might get the above charge. Not all apply to false allegations.”
The list of links below concern specific cases involving false allegations against men by women (and in some cases by women against other women). Such reports appear in the media quite frequently. As a consequence many further cases can be readily sourced via online searches. Scroll down the page for sources providing a general discussion of this topic.
“This dishonest woman might exist – in fact, lots and lots of dishonest people exist – but there are thousands more victims for whom the stigma of reporting domestic violence, and not being believed, means they’ll never come forward.
When we see the front page story about a man falsely accused of rape, or framed for domestic violence, we’re allowed to feel sympathy for him. But we need to remember that his story is the exception, not the rule, and often the rule – in this case, countless honest victims – fades into obscurity.
Because when something is normal, it doesn’t make the news. And that’s the saddest part.”
“Pointon broke down in tears and asked if she could drop the charges when her account was challenged by police … Judge Christopher Batty told her: “Your malicious complaint has done a huge disservice to those seeking justice through the police and courts.”
Why do judges never make the point that false rape allegations are very damaging to men, in part due to their lack of anonymity, and offer them some sympathy?” (Source)
“… the court agreed with Joy’s arguments that the lender’s investigation was handled differently because he’s a man.
“The whole factual matrix on which the decision to dismiss was based was, in itself, infused with, and tainted by, discrimination,” Judge Graeme Hodgson said in the ruling. “The conclusions on the claimant’s behavior are founded on stereotyped assumptions of how a man behaves.””
“I’m sorry Kelly but 3 days is rubbish. My ex partner went straight to the Courts and just filled out a form 5 days before Christmas and alleged that I had stalked her, threatened her and abused her and our son. I had to wait three MONTHS before I had my day in court.
I went to court armed to the gills with evidence of her lies and after waiting 6hrs in the court rooms I had 5 mins in court where no body asked me anything, not a word. Her lawyer changed the story at the last minute and then the lovely magistrate decided to postpone the next determination hearing 6 weeks down the track.
I went close to 5 months without seeing my son all because of my ex partners lies. No evidence. Nothing. Never touched her, never threatened her. Ever.
But I was determined to be guilty until proven innocent, and all on the say so of one bitter, twisted person. No one cared about me or my side of the story. The only ones who cared were the lawyers (a prominient law firm) who asked for $10K up front before they would even represent me.
In the end she dropped her accusations after we had to go to court the second time. Her penalty for perjuring herself twice? Nothing. Her penalty for slandering me for 6 months? Nothing. Her penalty for denying my family access to their grandson over Christmas? Nothing. Her penalty for denying my son access to his father? None.
I came so close to topping myself on several occasions during those long dark months that I had to endure being treated like a criminal, like the worst of the worst, the dregs of society.
But I kept on saying to myself that I had to fight for the most important person in the world; my son. I am glad that I had immense support from my family and friends otherwise I probably wouldn’t be here to write you this note.
I am all for very harsh penalties for any person who assaults another but the changes to DV that were made several years ago make basically every possible argument or disagreement in a domestic environment grounds for DV, and all it takes is one person to accuse you and you’re nicked. Well you are if you are a bloke.
There were penalties for perjury in the DV legislation but they were removed. Penalties for knowingly making false statements to police and the courts should be treated just as harshly in my mind. If there are no penalties for lying in court then who can believe what people say in court?” (Source – See reader’s comments from Brett)
Albury sex assault: Investigation finalised (1 May 2015). Notice how no-one actually comes out and says the girl made a false allegation, presumably all too scared that the feminists would get even angrier. No repercussion for the girl making the claim because that would be ‘victim’ blaming. In this article the police even state that they “were adamant they didn’t want the outcome to dissuade people reporting similar incidents. “We encourage anyone who has been the victim of a crime to come forward,” police said. It appears unlikely the teenager who reported the incident will be charged.” Hello! The only crime here was the false allegation. Idiotic PC. Related reddit mensrights discussion thread here
Two girls on a bus in India start beating some young men with their belts. The claim the men groped them. They became internet heros for defending themselves (and womanhood generally). Then the truth gradually leaked out (4 December 2014) And more videos surfaced of them beating men on other occasions.