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January 31, 2005

Lies, the Law, and Liberty

Wendy McElroy addresses the perverse incentives in current legal practice that encourages (or even subsidizes) lies:

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.

Posted by Nicholas at January 31, 2005 12:04 PM
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