Copyright (c) 2000 Loyola of Los Angeles Law Review
Loyola of Los Angeles Law Review
ARTICLE: THE TRUTH BEHIND LEGAL DOMINANCE FEMINISM'S "TWO PERCENT FALSE RAPE CLAIM" FIGURE
33 Loy. L.A. L. Rev. 947
For at least the last decade, Legal Dominance Feminism (LDF) 1 has been the predominant voice on sexual abuse within legal academia. 2 However, many of its empirical claims regarding the sexual abuse of women are erroneous. 3 Unlike the exemplary scholarship of other feminist academics, 4 LDF has in recent years promulgated a series of social science myths about rape in the American legal system. Often resting upon a highly problematic methodology, LDF significantly misrepresents empirical reality. This Article attempts to demonstrate that the LDF discourse on rape is fundamentally flawed.
At the core of LDF discourse on rape is the proposition that "women don't lie" about sexual abuse. 5 The foundation for such a bold statement is the claim that false accusations of rape are very rare; specifically, its proponents claim that no more than two percent of such complaints are invalid. 6 In an attempt to shift the laws governing rape to correspond with this purported social reality, LDF advocates shifting the burden of proof from the woman complaining of the alleged sexual wrong to the man defending against it. 7 As discussed in Part III, changes to the legal definitions of rape and any corresponding shifts in the burden of proof are ill-advised and dangerous.
Unlike those who oppose the LDF program because of its alleged "malebashing," 8 this Article concedes that were it empirically true that only two percent of those charged with rape were innocent, LDF's solutions might represent a ...
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