#WeRideTogether provides educational training on safeguarding and abuse in sports to athletes, coaches, parents, and staff across all sports at every level of play. We often get the question, “What about false accusations?”.
This question can come from curiosity, a connection to something in the news, a lack of awareness, misinformation, a place of fear, or a struggle to comprehend or admit that a certain individual could perpetrate sexual violence.
This article provides facts surrounding false accusations and explores essential critical concepts and considerations regarding this buzzworthy topic.
What is a false accusation or allegation?
A false accusation or allegation is a report or claim of abuse that never occurred, happened, or was never attempted.
False accusations are rare.
Experts from End Violence Against Women International report that “Estimates [of false accusations] narrow to the range of 2–8% when they are based on … the reliability and validity of the research.” (1)
According to Alexandra Brodsky, a civil rights lawyer and cofounder of Know Your IX, “Harassment is so much more likely to occur than an accusation, let alone a false one.” (2)
What is the difference between a false accusation and an unsubstantiated report?
An unsubstantiated report is a likely-true report in which the evidence against the alleged perpetrator does not meet the threshold to proceed with a criminal, Title IX, SafeSport, civil, or other justice process.
Due to misconceptions, most reports labeled as “false” in media, on campus, in sports, or elsewhere are not false but rather unsubstantiated. There is a big difference between a fictitious or false case versus an inability to demonstrate in court that a crime has occurred. This difference matters because rates of false allegations of sexual violence fall directly in line with rates of false allegations of other crimes.
Most unsubstantiated reports of sexual misconduct are likely true. However, because sexual misconduct is extremely hard to prove, these reports are either not taken up by prosecutors or do not meet the threshold of proof for Title IX, SafeSport, or civil cases. This can be because there is often a lack of tangible evidence with sexual violence, delayed reporting, and victims and witnesses not wanting to work with investigators.
Additionally, since there is a unique defense in sexual assault cases that there is not in, say, murder cases – that the victim consented to sexual activity – it can be uniquely tricky to achieve justice in these cases, even when there is tangible evidence.
Why are there so few false allegations?
From justice outcomes to finances, there are no real “upsides” to making a false report.
First, there is a small percentage of sexual assault reports, period. As visually depicted in The Attrition Pyramid in Canada, “the actual incidence of sexual assault likely will never be known.” Historical and current data from the United States and global studies mirror this attrition, demonstrating that sexual violence cases that are made public and reach justice outcomes are only the tip of the iceberg.
In comparison to other crimes, approximately 31% of sexual assaults are ever reported to the police, compared to 62% of robberies, simple assaults, and batteries.
Why? Because sexual assault victims face high risk and low reward. From blame and shame to retraumatization, retaliation, and backlash, survivorship is a club that no one wants to be a part of.
When victims do report, the formal disclosure and reporting process is often painful and arduous. Victims often report seeking supportive services and/or pursuing justice-seeking options. These subsequent justice options are meek, expensive, time-consuming, not trauma-informed, and ‘positive’ outcomes are few and far between.
When looking at the numbers, only 50 out of 1000 reports lead to an arrest.
Second, some believe that victims may be “golddiggers,” or that they receive huge financial payments for coming forward and that this would be a motive to falsely accuse someone of sexual assault.
In some civil law cases, the result does allow punitive damages, but in most cases, the victims receive little. Settlement values can vary from thousands to millions depending on the number of plaintiffs, defendants, and institutions in the case.
A few factors contribute to this. In a criminal trial, a potential outcome is that the perpetrator goes to prison. This may or may not provide emotional vindication for the victim, but no money changes hands in criminal court.
In Title IX cases, schools and universities have no right to demand one student give another any sum of money; instead, a potential outcome is that the perpetrator is expelled, suspended, removed from a dorm or class, or removed from a sports team. Again, potential emotional vindication, but no financial compensation.
In SafeSport cases, a potential outcome is that the perpetrator is removed from sport underneath the USOPC. Potential emotional vindication, but no financial compensation.
It is only in civil cases that money can be used as damages – “a sum of money a person is entitled to after another party causes them harm through a breach of duty or violation of a right.” How damages are calculated, negotiated, and awarded varies case by case.
This is essentially the only way a civil court can make a victim of any wrongdoing whole. But very few victims receive substantial payments. With attorneys’ fees, travel and time off work to go to court, emotional distress, mental health care, etc., and the incalculable impact of trauma, a few grand isn’t much compensation when the average estimated per-victim cost and lifetime economic burden of rape is $122,461. Simply put, you can’t get rich off being a rape victim.
Why would someone make a false accusation?
Common myths include that someone may make a false report to destroy someone’s reputation to get back at them or for financial gain. This is misinformation, as previously explained. Society does not tend to believe victims. Instead, it blames and shames them, and they rarely receive justice or financial compensation.
Experts report, “most false reports of sexual assault are typically the result of personal and emotional problems, rather than vengeful motives.” (3)
To clarify, “personal and emotional problems” doesn’t mean “getting dumped” or “regretting cheating.” In many false rape cases, the alleged victim is experiencing a mental health crisis, has a history of criminal behavior, or is trying to cover something else up. Therefore, someone making a false allegation deserves mental health treatment and support in discovering the underlying cause of the false accusation.
This explanation for why someone would make a false allegation doesn’t make a false allegation less morally wrong; it does showcase the rare conditions of how and why they occur. Someone making a false allegation is likely in deep pain and confusion, not acting out with vengeance or being strategic or rational.
That means when a college student admits to underage drinking the night they were raped, they do not fit the profile of a false accuser, as they are not trying to cover up breaking the law.
That means that when an athlete accuses her coach of grooming and raping her as a teenager, she does not fit the profile of a false accuser.
In the vast majority of cases of sexual violence, the victim is telling the truth.
Why should we believe victims?
Imagine if your friend told you or you heard they had been robbed. Your first instinct, most likely, would not be to think or say, "They’re lying," or "They’re just saying this for attention.” Our reactions to sexual assault crimes should be no different.
Given the difficulties in coming forward, societal implications, public safety, the data, and the need for victims to keep coming forward, it is of paramount importance that we believe survivors and their reports.
Even when they report that it’s your favorite actor, athlete, coach, pastor, family member, friend, or acquaintance who perpetrated sexual violence against them, we must believe them.
The likelihood that your teammate, daughter, sister, son, brother, or friend is lying when they disclose to you is rare.
Thus, to discredit and abandon them in that moment of disclosure is to abandon them in the aftermath of one of the worst things that have ever happened to them. We cannot use false accusations as a reason to victim blame.
Many mis-or-under-informed folks may suggest “waiting until the courts decide.”
However, this is a grave error. Our judicial system is imperfect, experiencing strain and bias. For instance, juries with bias against women of color may assume that they are “loose” and must have consented. Juries with a bias towards white men may hate to “ruin his future,” such as the judge in the case of Stanford rapist Brock Turner. Biases also extend to any victim that does not fit the stereotype of the “ideal victim” and to male victims as well, like the idea that “men can’t get raped.”
The courts’ adjudication is not sufficient in addressing crimes that happen interpersonally and with crimes with very little tangible evidence. Perpetrators statistically evade conviction for many reasons and may take plea deals. Waiting until the courts decide abandons victims, bolsters systems and individuals with power and control, and gives perpetrators passive permission to continue to perpetrate violence.
Why does acknowledging false accusations matter?
Reporting sexual assault or any type of abuse is a sensitive matter and a serious one.
Legitimate and false claims have high stakes emotionally, legally, financially, and societally for both the victim and the assailant.
False allegations bias the public and the courts against actual victims disproportionately. When truly false allegations happen, such as the Duke lacrosse rape case (which never actually went to trial), victims nationwide suffer from rape culture, victim-blaming, and rape-denying rhetoric. (4)
We must acknowledge that the emotional effects of being wrongfully accused are traumatic and life-changing, and people who find themselves in this situation deserve access to mental health care and, if they so choose, civil court remedies.
It is also necessary to acknowledge that when individuals do get wrongfully punished for sex crimes, they are disproportionately men of color, such as the “Exonerated Five.” Still, in that case, and many others, a victim actually was raped. Historic and systemic racism, which posits men of color as inherently sexually violent, leads to wrongful convictions or even violence against BIPOC men. Furthermore, the criminal justice system fails to appropriately listen to the concerns of victims and of BIPOC communities, thereby failing them all.
We must think about our interpersonal and systemic responses and actions when hearing about sexual violence accusations.
We must consider that these allegations are almost always true and could be substantiated. We must consider the messages we send when we discredit victims and have no consequences for the accused. We must consider how acts of moral exceptionalism and disregarding abuse allegations have implications and ripple effects for immediate communities and for society.
Lastly, it is essential to analyze the role of media and social media when reporting on these topics. We must remember that sources may be misinformed, biased, or present only parts of cases and stories. It’s on us to use critical thinking when consuming content.
Where does concern about false allegations come from?
We may believe there is “no way” a sexual assault happened or “no way” it’s true when we hear something shocking about someone we believed to be “good.”
If the report does not match our stereotype of what a “real rape” is or who is a “real victim” or a “real rapist/abuser,” we may have a hard time seeing its validity because of our biases.
The truth is, the vast majority of victims know the person who perpetrated sexual violence against them, between 80-93%. 57% of perpetrators are white, but victims are more likely to be Black, mixed race, or indigenous. More than 50% of rapes occur in the survivor’s home.
“Real” rape victims are victims who strangers attacked in unfamiliar locations. And “real” rape victims are also wives who were raped by their husbands, little boys who were raped by their priest, little girls who were groomed by their coaches, football stars who were groped by the team doctor, college students who were incapacitated with substances, sex workers who clients brutalized.
“Real” rapists are strangers in dark alleys. And “real” rapists are also star athletes, devoted-seeming spouses, caring-looking babysitters, long-serving teachers, beloved pastors, renowned coaches, and trusted teammates.
We must stop imagining what “real” rape is and start listening to victims to develop an accurate cultural conception of “real rape.”
Alternatively, we may be hung up on false allegations because we have what Kate Manne, philosopher and author of the book Down Girl, calls “himpathy” – a disproportionate concern or worry for male perpetrators and their reputations. This often is at the expense of empathy for the female victim, who is cast as untrustworthy and trying to destroy a ‘good man.’ (5)
Examples of these concerns about men include worrying about sons being falsely accused, insisting that favorite singers or celebrities certainly could never have done such a thing, or arguing that allegations of sexual violence ruin men’s careers and reputations.
The data is clear: men are unequivocally more likely to be raped than to be wrongfully accused of rape. Studies show that on the low end, 1 in 6 men experience sexual violence in their lifetimes.
Instead of continuing historical, misogynistic tropes that women who report sexual violence cannot be trusted, advocates for men’s rights and mental health should focus concerns on the issue of sexual violence prevention because men experience sexual violence at jaw-dropping rates.
If you are nervous, worried, or scared that someone will make a false report about you...
How could proactive prevention approaches, such as keeping interactions observable and transparent, protect you from false allegations?
If you worry that someone is going to falsely accuse you of sexual misconduct or abuse, practicing safeguarding can help you. When safeguards are in place, not only is abuse and misconduct less likely to happen, but if the highly unlikely false allegation were to arise, you could feel secure in knowing you’ve followed best practices for prevention.
Additionally, reflect on why you are worried about this. Yes, there is a lot of emotional turmoil at stake.
Are there parts of your behavior that aren't acceptable? It can be hard and painful to reflect on our own behavior and determine if it is harmful to others. Help is available if you’re wondering if certain behavior is okay.
Ensure that people you are sexually active with are affirmatively consenting to sexual activity. Affirmative consent means an enthusiastic, willing, freely decided YES, not the absence of a no.
And remember, consent cannot be appropriately given when there is an imbalance of power. Entering a sexual or romantic relationship is not appropriate when a power imbalance is at play.
What can the larger community and public do to help?
If you see something, say something. It can be hard to be a safe, active bystander, but it’s so important. Check out our Safe, Active Bystander Information Toolkit for more information.
When the news breaks of another accusation of sexual or gender-based violence by a celebrity, athlete, or politician you admire, take a step back. It can be instinctual to want to jump to their defense; after all, the art of a singer may have gotten you through a tough time, or watching the big game every week may be how you bond with your community, or the politician may be fighting for things you feel are good and right.
But remember that false allegations are incredibly unlikely. Dogpiling an alleged victim on social media isn’t defending the thing you love; it’s compounding trauma for someone who’s been through the unimaginable. Remember, it’s not your job to be the judge or the jury or decide if the report is true, false, or unsubstantiated. It is in your power, however, to be informed about the facts and realities of false accusations, enact proactive prevention, and believe and support victims.
And, lastly, advocate for fair judicial systems. #WeRideTogether recommends reading Brodsky’s aforementioned Sexual Justice for a deep dive into what this means. The gist is that sexual misconduct proceedings in court, through Title IX and SafeSport, and elsewhere, should not differ from proceedings for other interpersonal violent offenses – things like hate crimes, assaults, or racial discrimination. Treat these proceedings as you would proceedings for any other cases of interpersonal violence or misconduct in their respective settings.
False allegations are rare. Sexual violence isn’t.
Kathryn McClain, MSW, MBA
Program and Partnerships Director at #WeRideTogether
Madison Smith
Communications Manager at #WeRideTogether
Works Cited
- Lonsway, K.A., Archambault, J. & Berkowitz, A. (2023). False Reports: Moving Beyond the Issues to Successfully Investigate and Prosecute Non-Stranger Sexual Assault. End Violence Against Women International.
- Brodsky, A. (2021). Sexual Justice: Supporting victims, ensuring due process, and resisting the conservative backlash. Metropolitan Books.
- Lonsway, K.A., Archambault, J. & Berkowitz, A. (2023). False Reports: Moving Beyond the Issues to Successfully Investigate and Prosecute Non-Stranger Sexual Assault. End Violence Against Women International.
- https://www.youtube.com/watch?v=GKbhY587mLY
- Manne, K. (2017). Down Girl: The Logic of Misogyny. Oxford University Press.
