Authored By: Hajar Dhulqarnain
Law Graduate
ABSTRACT
False rape allegations have life-changing implications not only for the accused but also for the integrity of the criminal justice system. The legal framework in various jurisdictions has been biased in a way that it prioritizes the protection of the real survivors of sexual violence. A growing concern over malicious and fabricated accusations has destroyed reputations, careers, and lives of those who fall into this trap of untrue claims.
This article is a cry of the need for vigorous legal mechanisms to deter and punish perpetrators and enablers of false rape claims, using case studies from Nigeria, the United Kingdom and the United States. It undertakes a comprehensive legal analysis of false rape allegations, exploring their criminal characterization, evidentiary challenges, and socio-legal implications. It reviews relevant Nigerian and international statutes and case law, identifies the problem within public discourse, and proposes reforms rooted in due process, judicial equity, and procedural safeguards.
INTRODUCTION
Due to the sensitivity of rape, the legal response to it and sexual assault is to ensure and prioritize the protection of the victim and ensuring the perpetrators are held accountable under the law. False rape claims-although statistically rare, have devastating consequences for the accused. This makes the justice system and its officials to undermine the statement or claims of real rape victims and erode the public’s beliefs in the justice system.
Rape claims need urgent attention in legal systems globally, often triggering immediate investigation and prosecutorial remedies. This justifies the intensity of the offence and the need to protect the victim. However, the legal system also bears the responsibility of ensuring that no one is wrongly accused or prosecuted based on false claims.
Sexual violence remains one of the most serious and underreported crimes globally, demanding legal systems that encourage victims to come forward and ensure their protection. However, the fundamental principle of the presumption of innocence serves as a cornerstone of criminal justice, ensuring that no individual is punished without sufficient proof of guilt. While false rape allegations represent a relatively small proportion of overall sexual offence claims, their impact on the accused can be profound-leading to irreversible reputational damage, psychological harm, loss of liberty, and public condemnation. This article aims to address this sensitive legal and ethical tension by examining the current gaps in Nigeria’s legal system, drawing on international comparisons, and proposing targeted legal reforms that both uphold justice for victims and protect the rights of those falsely accused.
BACKGROUND
Rape in its aspect, “no other crime is so fraught with controversy, so enmeshed in dispute and the politics of gender and sexuality.”[1] Despite the weight of these accusations, there is little to no action being taken against the claimants of these false rape. The word ‘rape’ is delicate and fragile that once it is said, every action is taken to bring the perpetrators to limelight and mete out justice on them. For centuries, it has been asserted and assumed that women “cry rape,” that a large proportion of rape allegations are maliciously concocted for purposes of revenge or other motives.[2] This has been proven through the words of Sir Matthew Hale, a chief justice of the King’s Bench in England, who expressed his view that became the foundation for special jury instructions, which became famous and were used well into the 20th century.[3]
Hale wrote, It is true rape is a most detestable crime, and therefore ought severely and impartially to be punished with death; but it must be remembered, that it is an accusation easily to be made and hard to be proved, and harder to be defended by the party accused, tho never so innocent. (p. 634)[4]
When methodologically rigorous research is conducted based on this definition, estimates for the percentage of false reports converge around 2-8%.[5]
- For example, Dr. David Lisak and colleagues analyzed sexual assaults reported to a major Northeastern university over 10 years to determine the rate of false reporting. Of the 136 reports taken during that period, 8 reports, or 5.9%, were found to be false (Lisak, Gardinier, Nicksa, & Cote, 2010).
- In a study of sexual assault cases reported to the Los Angeles Police Department in 2008, researchers found that the rate of false reports was 4.5% (Spohn, White, & Tellis, 2014).
- In a multi-site study of 8 US communities involved in the “Making a Difference” (MAD) Project conducted by EVAWI, data were collected by law enforcement agencies for all sexual assault reports received in an 18–24-month period. Of the 2,059 cases that were included in the study, 140 (7%) were classified as false.
- Statistics even appear to converge internationally. In an analysis of 2,643 sexual assault cases reported to British police, 8% were classified by the police department as false reports. Yet when researchers applied the official criteria for establishing a false allegation, this figure dropped to 2%. These criteria specified that there must be either “a clear and credible admission by the complainant” or “strong evidential grounds” (Kelly, Lovett, & Regan, 2005).[6]
Despite the considerable number of cases reported globally each year involving false allegations of rape, there remains a notable deficiency in the consistent imposition of legal consequences on individuals who deliberately make such claims. Furthermore, there has been limited progress in developing a specific and coherent legal framework aimed at deterring and penalizing false accusations, thereby preventing future occurrences. This persistent gap in both enforcement and legislative reform gives a critical legal question: why has the international legal community, despite recognizing the serious harm caused by false allegations, failed to institute robust mechanisms to address and mitigate this form of legal abuse?
LEGAL FRAMEWORK
In a look into the various legislations in the world, there is no specific international treaty that outrightly criminalizes false rape allegations, however, there are a few human rights instruments that protects victims of false rape allegations. The Universal Declaration of Human Rights under Article 10 guarantees the right to a fair and public trial.[7]
Similarly, Article 17 of the UDHR defends the individual from assaults to their honour and reputation. These violations are further delineated in the International Covenant on Civil and Political Rights (ICCPR) in Articles 9, 14, and 17, which grant freedom from arbitrary arrest, the right to a fair trial, as well as personal dignity and reputation.[8] Although many of these provisions are intended to protect defendants, they have been invoked in cases where false accusations of reputational damage and threats to personal liberty have been made. Moreover, common law principles of malicious prosecution, which exist in some legal systems, allow individuals wrongfully accused to sue if the prosecution was launched devoid of reasonable justification and with spiteful intent. However, there are no binding international instruments specifically defining the crime of false accusations of rape, which means it is up to each country’s legal framework.
In Nigeria, the legal consequences of making false rape allegations are addressed through general criminal provisions rather than specific statutes targeting false sexual assault claims. The Criminal Code Act applicable in Southern Nigeria penalizes such conduct under Section 125, which criminalizes fabricating evidence or knowingly giving false information to public officers, carrying a maximum punishment of seven years’ imprisonment. Section 140 further addresses false accusations under oath. Similarly, under the Penal Code Act governing Northern Nigeria, Section 158 criminalizes providing false information with the intent to cause injury. Section 391 explicitly penalizes false charges intended to harm another person’s reputation or liberty. Although the Administration of Criminal Justice Act (ACJA) 2015 provides extensive procedural safeguards ensuring fair trial rights, it does not contain provisions that directly target false rape accusations. Additionally, victims of false claims in Nigeria may pursue civil remedies such as claims for defamation or malicious prosecution, which are recognized under Nigerian common law principles. Despite these existing remedies, Nigeria lacks a unified or specific legal framework addressing false rape allegations, leaving much to prosecutorial discretion and judicial interpretation.
In the United States, the consequences of false rape accusations can result in criminal charges such as filing a false police report, perjury, obstruction of justice, as well as simplified forms of malicious prosecution. Each state has differing penalties, but the commonly established imposed fines and imprisonment are quite severe. A well-known illustrative example is that of Brian Banks who was accused of rape, imprisoned, and exonerated years later.[9] While he was a promising football player, the false allegations brought to him shattered his career. The main point of public discussion in the aftermath of his case was the need to change how investigations and prosecutions are conducted in such cases. In addition to criminal charges, civil suits can also be pursued for defamation and infliction of emotional distress in most jurisdictions in the United States. Critics do raise a valid concern that prosecutions for false allegations remain infrequent, which can be attributed to prosecutorial policy and the dogma directed towards encouraging reports of sexual assault.
In the United Kingdom, false rape allegations are made primarily under the common law offence of perverting the course of justice.[10] This offence criminalizes any act that tends to obstruct or interfere with the administration of justice, including knowingly making false criminal accusations. Courts have imposed significant custodial sentences in cases involving false rape allegations, recognizing the severe harm caused to the accused and the justice system. In R v A (2005), the court emphasized the seriousness of falsely accusing someone of rape, as it not only victimizes the accused but also undermines genuine victims and public confidence in the criminal justice system.
PRESUMPTION OF INNOCENCE AND DUE LEGAL PROCESS
It has been quite established in the words of the great philosopher, Thomas Hobbes, that the state of life without law or government would be “nasty, short, and brutish”. He emphasized the need for the enforcement of laws and rules. It is a known fact that individuals are driven by the need to have a form of power over others; without laws, their selfish needs would be fueled, and this would jeopardize the safety of others. Therefore, every state or nation should have laws in place and punishments for those who do not strictly adhere to these rules.
However, in a world where there are rules and laws, how come individuals are being placed over it? People who have falsely accused others of sexually assaulting them and are untruthful at a later time are neither punished nor made to regret the consequences their actions have caused to these victims and their loved ones.
Presumption of innocence – it is no news how every state emphasizes duly on the need to prove an accused guilty before he or she can be prosecuted, nevertheless, rape is one of the most difficult offences to prove[11]. This has caused the accused in a rape case to be deemed guilty even before the trial commences. How does this appear just for an accused whose life is upturned and in disarray for a crime he/she might not have committed but yet is to be punished for it?
FALSE RAPE ALLEGATION CASES
The lack of evidential system to prove the innocence of an accused has led to different perpetrators to be falsely accuse them of rape. In 2010, a report was made by David Lisak on how a major Northeastern University researched 136 reports of rape made in a year, 2% to 10% are false allegations.[12] According to the figures from National Crime Records Bureau’s (NCRB) Crime in India report 2020, less than 8% of all cases under investigation for rape were found to be ‘false’.[13]
In the popular case of Brian Banks,[14] in the summer of 2002, aged 16, Banks was arrested and charged after classmate Wanetta Gibson falsely accused him of dragging her into a stairway and raping her. He was expelled from Long Beach Polytechnic High School shortly after being taken into custody and placed at Juvenile Hall. Shawn Ashley, who was a co-principal of Long Beach Poly High, had claimed that Banks would not be allowed back on campus regardless of any jurisdictional outcome. Faced with a possible 41 years to life sentence, he accepted a plea bargain that included five years in prison, five years of probation, and registering as a sex offender. In March 2011, Gibson contacted Banks on Facebook, met with him, and admitted in the presence of a private investigator Banks had hired that she had fabricated the story. Although she was taking to court and Banks was awarded damages, she never showed up in court.
The popular sensational Twitter case in 2020, where a Florida-based young man, Izuchukwu Mmadubueze[15] wrote a suicidal note and committed suicide after being accused of raping a young lady and he was constantly being dragged on social media. It was after his death that his innocence came to light. Izu is dead today, but the lady who killed him roams the street freely.
These are two cases from different parts of the world and out of thousands of cases where the innocent is accused of falsely raping someone. Some are exonerated, while some live as sex offenders today, and some could not bear the burden of the stigmatization, thus ending their own lives. In a world where laws are made, actions should be taken to face the consequences of the damage it has caused.
DISCUSSION
This article has examined the complex and often under-addressed issue of false rape allegations, emphasizing their severe consequences for the falsely accused while acknowledging the delicate balance needed to protect genuine victims of sexual violence. The analysis reveals that while most legal systems – including those of Nigeria, the United States, and various international frameworks – recognize the criminality of false accusations under general offences such as perjury or obstruction of justice, few have established specific, comprehensive legal regimes targeting maliciously false rape allegations. The implications of this gap are far-reaching: not only does it expose the accused to reputational, psychological, and financial harm, but it may also eradicate the credibility of legitimate victims when public trust in the justice system is lost.
As such, legal reforms at both domestic and international levels are imperative. The proposed measures, including the drafting of a model international convention, evidentiary safeguards, compensation schemes, codification of rights in international instruments, and reliable global data collection, could create a more balanced legal framework that upholds both the presumption of innocence and the seriousness of sexual assault claims. In doing so, the integrity of the criminal justice system would be preserved while fostering greater public confidence and fairness in adjudicating such sensitive matters.
To address the serious issue of false rape allegations while preserving justice, several international legal reforms may be proposed.
Firstly, an international convention, potentially under the auspices of the United Nations or regional bodies such as the African Union or SAARC, could be drafted to specifically criminalize malicious and knowingly false accusations of serious crimes, including rape. In conjunction, international legal bodies could adopt standardized evidentiary safeguards, setting minimum thresholds for initiating criminal prosecutions in sexual assault cases. This would ensure that preliminary screening of evidence is conducted to prevent frivolous or fabricated claims from progressing. Moreover, the establishment of national or regional victim compensation funds could be encouraged to provide financial redress to individuals who suffer wrongful arrest, imprisonment, or reputational damage as a result of false accusations. Additionally, human rights instruments such as the International Covenant on Civil and Political Rights (ICCPR) could be expanded to codify the rights of individuals not to be subjected to malicious prosecution or false criminal accusations, thus enhancing global legal protections. Finally, the development of a universal data collection and reporting mechanism by international legal and human rights organizations would facilitate the gathering of accurate statistics on false allegations worldwide, enabling the creation of evidence-based policies while carefully balancing the need to protect genuine victims of sexual assault.
CONCLUSION
The prodigy of false rape allegations presents a serious challenge to the administration of justice, posing significant risks to the wrongly accused while simultaneously complicating efforts to protect genuine victims of sexual assault. This article has explored how existing legal frameworks in jurisdictions such as Nigeria, and various international legal systems often lack specific provisions to adequately address and deter maliciously false rape accusations, relying instead on general criminal offences like perjury, giving false evidence, or obstruction of justice. The key findings suggest that these provisions are often insufficient to fully capture the gravity and unique harm caused by deliberate false rape claims. Proposals for international reform- including the creation of a model international convention, standardized evidentiary safeguards, victim compensation funds, codification of accused persons’ rights, and global data collection – offer concrete pathways to ensure justice is balanced, both for complainants and for those falsely accused. The issue remains of great importance not only for protecting individual rights and liberties but also for preserving public confidence in the credibility of sexual assault claims and the legitimacy of the criminal justice system. As legal systems worldwide continue to evolve, striking an equitable balance between believing victims and safeguarding due process will remain a fundamental pillar of both national and international criminal law.
REFERENCE(S):
[1] David Lisak et al, False Allegations of Sexual Assault: An Analysis of Ten Years of Reported Cases, 16 Violence Against Women 1318, 1318 (2010).
[2] Schafran, L. H. (1993). Women in the criminal justice system: Writing and reading about rape: A primer. St. John’s Law Review, 66, 979-1045.
[3] Hale, M. (1847). The history of the pleas of the crown (1st American ed., Vol. 1). Philadelphia: Robert H. Small.
[4] Katie, L ‘False Reports – Percentage’ (2021) End Violence Against Women International’ https://evawintl.org/best_practice_faqs/false-reports-percentage/ accessed 12 June 2025
[5] Administration of Criminal Justice Act 2015
[6] Criminal Code Act 2004
[7] CBS News (2016) ‘Report: Exonerated football player cites ‘privilege’ in Stanford Sex Case’ https://www.cbsnews.com/news/report-brian-banks-privilege-stanford-rape-case-brock-turner/ accessed 13 June 2025
[8] CPS, (2023) ‘Perverting the Course of Justice and Wasting Police Time in Cases involving Allegedly False Allegations of Rape and/or Domestic Abuse’ https://www.cps.gov.uk/legal-guidance/perverting-course-justice-and-wasting-police-time-cases-involving-allegedly-false accessed 13 June, 2025
[9] Ni P, Wita S, Dewa G, (2021) ‘The Complexity of Determining Indicative Evidence in The Rape Criminal Act’ 4368-Article Text-15375-2-10-20210506.pdf
[10] Tope Templer Olaiya, ‘Outrage as man commits suicide after being accused of rape’ (The Guardian/ July 2020) https://guardian.ng/news/outrage-as-man-commits-suicide-after-being-accused-of-rape/ accessed 13 June 2025
[1] David Lisak et al, False Allegations of Sexual Assault: An Analysis of Ten Years of Reported Cases, 16 Violence Against Women 1318, 1318 (2010).
[2] Id
[3] Schafran, L. H. (1993). Women in the criminal justice system: Writing and reading about rape: A primer. St. John’s Law Review, 66, 979-1045.
[4] Hale, M. (1847). The history of the pleas of the crown (1st American ed., Vol. 1). Philadelphia: Robert H. Small.
[5] Katie, L ‘False Reports – Percentage’ (2021) End Violence Against Women International https://evawintl.org/best_practice_faqs/false-reports-percentage/ accessed 12 June 2025
[6] Ibid
[7] UN General Assembly, Resolution 217A (III), Universal Declaration of Human Rights, A/RES/217(III) (10 December 1948), https://www.un.org/en/about-us/universal-declaration-of-human-rights accessed 1UN General Assembly, Resolution 217A (III), Universal Declaration of Human Rights, A/RES/217(III) (10 December 1948), https://www.un.org/en/about-us/universal-declaration-of-human-rights. 13th June 2025
[8] Ibid
[9] CBS News, (2016) ‘Report: Exonerated football player cites ‘privilege’ in Stanford Sex Case’ https://www.cbsnews.com/news/report-brian-banks-privilege-stanford-rape-case-brock-turner/ accessed 13 June 2025
[10] CPS, (2023) Perverting the Course of Justice and Wasting Police Time in Cases involving Allegedly False Allegations of Rape and / or Domestic Abuse’ https://www.cps.gov.uk/legal-guidance/perverting-course-justice-and-wasting-police-time-cases-involving-allegedly-false accessed 13 June, 2025
[11] Ni P, Wita S, Dewa G, (2021) ‘The Complexity of Determining Indicative Evidence in The Rape Criminal Act’ 4368-Article Text-15375-2-10-20210506.pdf
[12] Ibid
[13] Ibid
[14] Tope T, ‘Outrage as man commits suicide after being accused of rape’ (The Guardian/ July 2020) https://guardian.ng/news/outrage-as-man-commits-suicide-after-being-accused-of-rape/ accessed 13 June 2025
