Not too long ago, I did a piece on this false rape claim.  It seems Biurny Peguero Gonzalez had a bit of a set-to with her friends back in 2005 after being taken for a ride and who knows what else by William McCaffery.  When she returned, she and some girlfriends duked it out; car windows were smashed and general mayhem ensued.  Somehow, what resulted from all of that was that Gonzalez claimed McCaffery had raped her.  She kept to that story with the police and prosecutors, and under oath in court.  McCaffery was sent to prison, sentenced to 20 years behind bars. 

As I reported earlier, Gonzalez had a change of heart and decided to come clean.  Or at least she sort of did.  Although she admitted that she had completely fabricated the rape claim, she was holding out for a deal with the District Attorney's office that she'd tell the truth only if she were granted immunity from prosecution for perjury in the first trial.

But that little ploy didn't work.  On December 6th, she turned herself over to prosecutors and pleaded guilty to two counts of perjury.  Read about it here (New York Post, 12/7/09).  McCaffery is out of the joint after more than three years and Gonzalez is facing two to seven years in prison for each perjury count.

I've written before about false rape allegations.  I've argued for looking at each on a case-by-case basis in determining appropriate sentences.  My approach would be to look at the amount of damage a false claim actually does to its innocent victim.  That, plus the amount of time police and prosecutors spent pursuing the charge would dictate sentencing. 

So, a false accuser who recants before the victim is even arrested, would receive a less severe sentence than one who allowed the guy to be arrested.  One who allowed the guy to be arrested and then recanted would receive a less severe sentence than one who made him spend time in jail, hire an attorney, etc.  The most severe penalties would be reserved for someone like Gonzalez who watched as an innocent man not only faced the judicial juggernaut, but was convicted and sent to prison.  In short, as I see it, Gonzalez did the worst thing a false accuser can do - let the man go to prison for years before finally telling the truth. 

Here's a woman who needs to do a stretch in the penitentiary at least as long as the one her victim did. 

Interestingly enough, even Tracy Clark-Flory at the feminist blog site Broadsheet of Salon.com has called out not only Gonzalez, but feminists generally on this case.  Read her take on the case here (Salon.com, 12/10/09).  Clark-Flory has a long way to go before she comes to grips with the totality of false rape accusations, but this is a start.

This entry was posted on Saturday, December 12th, 2009 at 5:58 pm and is filed under False Accusations.