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Question: Should Women Who Falsely Accuse Men Of Rape ....
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Question: Should Women Who Falsely Accuse Men Of Rape .... - February 26, 2010, 01:30 PM

...Receive A Sentence Equal To The Sentence The Man Received If Falsely Convicted?






AP) NEW YORK (AP) - A woman who fabricated a gang rape accusation was sentenced Tuesday to up to three years behind bars herself, saying she was riven with remorse for sending an innocent man to prison.

Biurny Peguero, 27, pleaded guilty in December to perjury, admitting she made up the September 2005 incident that unjustly put construction worker William McCaffrey in jail and prison for nearly four years. A judge overturned his rape conviction in December, with new DNA evidence also playing a role.

"I question myself every day as to how I could have done this," Peguero told a Manhattan state court judge.

Peguero originally said McCaffrey was the ringleader among three men who raped her at knifepoint after luring her into their car. She met them after a night out at a Manhattan nightclub with female friends.

McCaffrey, now 32, said she had agreed to go with them to a party. He said they dropped her off unharmed after she changed her mind.

But jurors spurned his account after hearing from Peguero, among other witnesses. She went on to speak at his sentencing hearing, saying, "Justice has finally been served." He was sentenced to 20 years in prison; no one else was convicted.

Peguero came to believe her lie because she had been too drunk to remember much of the night in question, according to a report from a psychiatrist who examined Peguero at her lawyer's request.

Prosecutors have said she told them she claimed she was raped to make her friends feel sorry for her. Assistant District Attorney Evan Krutoy suggested Tuesday that she may have lied out of anger at a man who had upset - but not attacked - her.

"I don't know the reason why, but she wanted to do this," he said, urging a two- to six-year sentence.

Defense lawyer Paul F. Callan noted that Peguero came forward to clear McCaffrey, approaching a priest and then authorities this year to recant. Meanwhile, new DNA tests had shown that a wound on Peguero's arm came from at least two women - apparently friends she was fighting with - and not McCaffrey.

Peguero, who has an infant and a 7-year-old, admitted her lie knowing it could mean prison time for her, he said. He pushed for her to get probation instead.

Peguero, of Union City, N.J., got a sentence of one to three years in prison.

Still, after she handcuffed to await transportation to jail, "she told me that she was at peace with herself," Callan said later Tuesday. "She knew that she was going to be punished, but she knew that she had done the right thing."

For his part, McCaffrey's lawyer sent Peguero's judge a letter noting she had made a bold move to right the wrong she had committed.

"Although we are upset about her lies that caused, in part, his conviction, we do applaud her courage in coming forward," the lawyer, Glenn A. Garber, said in an interview.

As a member of the Exoneration Initiative, a New York-based group that provides free legal help challenging convictions, Garber depicted the case as a reminder that lies can end up carrying legal weight, even in an era of DNA and other forensic evidence.

"This case gives you a window into false testimony and makes clear that people can give detailed of accounts of events that are untrue," he said.

Copyright 2010 The Associated Press. All rights reserved. This material



.............

A deeply apologetic judge officially dropped all charges Thursday against an innocent man he sent to prison for rape.

"I want to convey to you my personal regret in having participated, though unknowingly, in the injustice committed to you," Manhattan Criminal Court Judge Richard Carruthers told William McCaffrey, calling the wrong conviction "a catastrophe both for [McCaffrey] and for the criminal justice system."


McCaffrey's accuser, Biurny Peguero, 27, took back her damning rape allegations in August and confessed to perjury.


"Given the startling turn of events, I now recant what I said about you when I sentenced you for 20 years in prison for a rape we now know you did not commit," said the judge, who had called the alleged assault "horrific" and "disgusting" when he sent McCaffrey upstate in October 2006.


"It's terrific," said McCaffrey, 32, who has been out on bail since September. "I'm just glad it's over. I've been waiting for this for a long time."


The Bronx contractor's route to freedom started last year, when new DNA evidence showed that bite marks on his so-called victim came from a woman.


Earlier this year, Peguero confessed her lies to a priest and later recanted her testimony in court.


McCaffrey, whom she had met on the night of the alleged attack in September 2005, did not rape her at knifepoint as she claimed. Her injuries stemmed from a drunken brawl with a female friend.


Carruthers said he won't pass judgment on Peguero, whose perjury case is pending, but asserted the rape "did not occur."


"Mr. McCaffrey, I wish you well," the judge said before declaring the conviction vacated and the indictment dismissed.


Some in the gallery burst into applause as McCaffrey hugged lawyer Glenn Garber.


"Finally, justice was done," said Garber, founder of the Exoneration Initiative, a nonprofit focused on wrongful convictions in cases that lack DNA evidence.


McCaffrey, a father of two who owns a construction company, enjoyed a nice meal with family members after leaving court.


"He is very excited about his freedom and good fortune," Garber said.


oyaniv@nydailynews.com




Read more:
http://www.nydailynews.com/ny_local/...#ixzz0gQ26G4Tj







“Any man who tries to be good all the time is bound to come to ruin among the great number who are not good. Hence a Prince who wants to keep his authority must learn how not to be good, and use that knowledge, or refrain from using it, as necessity requires”.

- Nicolo Machiavelli 1469-1527


Last edited by Heist; February 26, 2010 at 01:35 PM..
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February 26, 2010, 01:31 PM

This nutbag only got counseling. She should have gotten at least 6 months for ruining these guys lives and making one have to go on the run - the other, it cost him his job.





Quote:
Twisted motive behind rape story

Hofstra gal feared being branded a tramp after romp

By KIERAN CROWLEY, REUVEN FENTON and LUKAS I. ALPERT

Last Updated: 5:44 AM, September 18, 2009


The Hofstra freshman who had a raunchy restroom romp and then cried rape made up the twisted tale because she didn't want her schoolmates -- particularly her new boyfriend -- to think she was easy, the beau told The Post yesterday.

"I think she needs a psychologist. She probably felt like, 'They'll think I'm a slut,' " her boyfriend, who asked not to be identified, told The Post.

Danmell Ndonye, 18, who had accused five men of gang rape, admitted the truth only when prosecutors confronted her after learning of a cellphone video that captured the whole sordid episode and showed she had willingly participated, officials said.

She created her outlandish tale when her boyfriend, a Hofstra student who's been dating her since the semester began a few weeks ago, demanded to know where she had disappeared after a wild frat party early Sunday.

The two had been dancing together at the Alpha Kappa Alpha mixer at the school's on-campus club, Hofstra USA, but got separated when a fight broke out.

The boyfriend said he called her repeatedly, but she didn't answer her cellphone, so he went to her seventh-floor dorm room at Estabrook Hall. Moments later she appeared.

"As I was about to leave, she comes up and she has no shoes on, she is holding them in her hands. She looked like she just finished hot sex," he said. "I said, 'Where were you? What were you doing?' She told me, 'Nothing.' I said, 'What do you mean, nothing?' "

Ndonye then dropped a bombshell.

"I said, 'Don't lie to me, what's going on?' And she said, 'Oh, I just got raped,' " he said.

"It didn't seem real to me. She was calm," he continued. "Then she started crying and saying, 'I was raped.' She lied to me. I think she was embarrassed. I said to her, 'You have to call public safety.' She hesitated. It seemed like she didn't want to."

She then tried to backpedal.

"Oh, you know, no, it's OK," she told him, but he was incredulous.

"How could it be OK that you just got raped?" the boyfriend said.

So she relented -- and a four-day nightmare began for four innocent men: Stalin Felipe, 19, his stepbrother, Kevin Taveras, 20, Jesus Ortiz, 19, and 21-year-old Rondell Bedward, a Hofstra senior who had invited the others to the party.

Cops also hunted for a fifth man, who has not been publicly identified.

The Nassau County District Attorney's Office said Ndonye had sex with all five of the men, although Felipe, Ortiz and Bedward insist they didn't have sex with her. Several used condoms were found at the scene, sources said.

Publicly branded as rapists, the men said they were hounded as the lowest type of criminal in prison and feared for their lives.

"They were harassing me more than anybody else, just because of what I was in there for," Felipe said. "[The guards] were badgering me. They would push me and shove me.

"I thought I was dreaming. The worst part was hearing that I could do 25 years. I'm not even 25 years old. I'm just 19."

Ortiz was forced to ask for protective custody, because "the inmates were referring to him as the rapist," his lawyer Carlos Cruz said.

"In school, they are calling my daughter the sister of the raper," said Taveras' father, Ramiro, 43. "Unfortunately, everything doesn't stop because the DA says go home and drops the charges."

The father also said his son had received a letter from his employer, Cablevision, telling him he had been fired. But late last night, a Cablevision spokesman told The Post he would be reinstated.

The suspects' redemption came only when Felipe's cousin told authorities that the fifth man had taped the sex romp and that it would clear them all.

Even though they had not seen the video, prosecutors asked Ndonye about it and whether it would back her version of events, and her story crumbled.

"The young woman admitted that all of the encounters with the young men were consensual," Nassau DA Kathleen Rice said. "A crime did not happen last Sunday at Hofstra."

Prosecutors moved quickly to drop the charges, and the men were freed late Wednesday.

Rice said Ndonye could be charged for filing a false report.

"She is a very troubled young woman in need of much help," she said.

Ndonye went into hiding yesterday.

At Hofstra, school officials moved quickly to reinstate Bedward, who had been suspended following the allegations. They also suspended Ndonye, and sources said she and her family cleared out her dorm room.

Lawyers for Taveras and Ortiz said they were considering filing a lawsuit, but Felipe said he was willing to forgive Ndonye.



And the outcome for her!

Quote:
Hofstra Rape Accuser To Get Counseling, No Jail

The woman who wrongfully accused five men of a gang rape in a dormitory bathroom of Hofstra University will not face jail time, under an agreement with the Nassau County DA.
The woman behind the false allegations, Hofstra freshman Danmell Ndonye, will have to complete "substantial mental health treatment and lengthy community service requirements" or else face criminal charges, Nassau County District Attorney Kathleen Rice said in a statement.
The 18-year-old, previously described by the prosecutor as "a deeply troubled woman," had claimed she was attacked following a dance party at a Long Island campus nightclub. Four men were arrested and a fifth was being sought when she recanted the story three days later.
The turning point in the case came when the woman was confronted with existence of a videotape of the encounter, which indicated the sex had been consensual.
The four accused men were released two hours after the woman changed her story.
“There exists no perfect solution to this case, only our best attempt at holding her accountable while encouraging real victims to come forward and accusers to tell the truth so that we can avoid incarcerating an innocent person for even one minute,” said Rice. “This agreement is the only way we guarantee that this woman gets the help that she needs and is held publicly accountable for what she’s done to our community."

Copyright Associated Press / NBC New York First Published: Sep 25, 2009 3:57 PM EDT

You can contact The Honorable Kathleen M. Rice
Nassau County District Attorney
516-571-3800






“Any man who tries to be good all the time is bound to come to ruin among the great number who are not good. Hence a Prince who wants to keep his authority must learn how not to be good, and use that knowledge, or refrain from using it, as necessity requires”.

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February 26, 2010, 01:34 PM

Should be doubled. But I am a firm believer in eye for an eye and believe instead of sending someone to a tax paying prison for murder they should be killed.

Prisons do not rehabilitate criminals. prison makes people angrier. Just like the dumb bitch that brought up the charges on the Duke Lacrosse team.


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February 26, 2010, 01:52 PM

Well we as men and a society are SO protective of women that we have created this system where if and when a women says something about a man it's a rap...

My lady gets brusies on her daily b/c she is very light....if somebody saw her or she said something I would be looked at very funny...but I mean it just happens.

I don't know what type of penalty the woman should get. I guess they should get whatever penalty one would get for lying in court...that's about all that can be done untill a law is set...


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February 26, 2010, 01:57 PM

Fucking bitch


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February 26, 2010, 01:58 PM

Sounds like the first girl truly believed that McCaffrey had raped her. She woke up, had obviously had intercourse with someone, vaguely remembered McCaffrey, saw bruises and then jumped to the (wrong) conclusion. Not necessarily "lying."
Good for her for coming clean eventually.


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February 26, 2010, 01:59 PM

Eh...I'd just get moms and sister to take care of it. She'd be wishing she was in jail when they come busting down her door.
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February 26, 2010, 02:15 PM

I think women use the system and take advantage of it sometimes to make themselves feel better the morning after


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February 26, 2010, 02:17 PM

He should have a fair go at her now.


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February 26, 2010, 02:22 PM

Quote:
Originally Posted by tecknojoe View Post
Fucking bitch
I wonder if we can impose a sentence for being a fucking bitch

I know a few women I'd like to report.



“Any man who tries to be good all the time is bound to come to ruin among the great number who are not good. Hence a Prince who wants to keep his authority must learn how not to be good, and use that knowledge, or refrain from using it, as necessity requires”.

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February 26, 2010, 02:25 PM

Quote:
Originally Posted by tfinch View Post
Sounds like the first girl truly believed that McCaffrey had raped her. She woke up, had obviously had intercourse with someone, vaguely remembered McCaffrey, saw bruises and then jumped to the (wrong) conclusion. Not necessarily "lying."
Good for her for coming clean eventually.
Yeah, but it took her 4 years to "unremember" that she wasn't raped!

That's bullshit.

Dude lost a half decade of his life to system. She should get the same sentence, hard time like he had to do.



“Any man who tries to be good all the time is bound to come to ruin among the great number who are not good. Hence a Prince who wants to keep his authority must learn how not to be good, and use that knowledge, or refrain from using it, as necessity requires”.

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February 26, 2010, 02:30 PM

Yep should be doubled.

Look at Michael Irvin.. a woman is claiming NOW that he sexually abused her almost 3 years ago. 4th of July 2007. Not even a criminal suit.. just civil with monetary damages of course.
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February 26, 2010, 02:30 PM

Quote:
Originally Posted by Heist View Post
I wonder if we can impose a sentence for being a fucking bitch

I know a few women I'd like to report.
Ban them from all the clubs and starbucks locations


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February 26, 2010, 02:31 PM

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Ban them from all the clubs and starbucks locations
Isn't that their natural habitat?
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February 26, 2010, 02:39 PM

Dude lost 4 or 5 years of his life. Think about what that did to his business and the fallout it had on his children. He will likely have a great civil suit to file, but I somehow doubt she's got the means to get him back to where he should be financially and we KNOW she can't give him back those years with his kids.
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