Defamation and False Rape Claims: Policies, Attitudes, and Suggested Reform in the United States and the United Kingdom

Authors

Claire Steinman, Benjamin N. Cardozo School of Law

Abstract

The note examines the legal and societal implications of defamation cases arising from false rape claims in the United States and the United Kingdom. It argues that while U.S. defamation law provides stricter standards for liability, the U.K.'s approach to punishment is more effective in deterring false claims. The optimal solution, the note suggests, is to combine the U.S. legal framework for determining liability with the U.K.'s harsher penalties to protect both the falsely accused and genuine victims.

Disciplines

Comparative and Foreign Law | Conflict of Laws | Constitutional Law | International Law | Jurisdiction | Law | Law and Society | Legal Profession | Torts

Recommended Citation

Claire Steinman, Defamation and False Rape Claims: Policies, Attitudes, and Suggested Reform in the United States and the United Kingdom, 19 Cardozo J. Equal Rts. & Soc. Just. 907 (2013).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol19/iss3/9