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False Rape Accuser Gets 90 Days

Six young men were accused of gang-rape and faced life in prison, if charged. But for a videotape, that showed the female accuser "orchestrating" the sex, it might have happened.

A Dana Point woman was told today she must serve at least 90 days in jail for falsely accusing six men of kidnapping and raping her at gunpoint. [Tamara] Moonier went to Fullerton police in June 2004 and reported that she had been kidnapped outside a bar by six men and taken to an unknown location and raped.

But one of the men videotaped the sexual encounter, and the tape contradicted Moonier's story, said Deputy District Attorney Paul Chrisopoulos. The videotape showed that instead of being a victim, Moonier was actually the instigator of much of the sexual activity, Chrisopoulos said.

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    TL: how does one handle that issue (none / 0) (#1)
    by scribe on Fri Nov 10, 2006 at 11:39:12 AM EST
    from the perspective of defending the men accused?

    There's an awfully big space for blaming the victim created by that defense.  As well as for Rodney King beating trial-style misleading the jury with chopped-up video.

    Could you comment, give perspective?

    i think you lost me (none / 0) (#2)
    by cpinva on Fri Nov 10, 2006 at 12:43:01 PM EST
    scribe. since the men were never arrested, charged or indicted, a defense wasn't required. apparently, the prosecutor viewed the tape and was convinced. i'm assuming, since the story didn't really say.

    the problem with this is how many true rape victims will be afraid to come forward, thanks to this woman's actions?

    here's what I meant (none / 0) (#3)
    by scribe on Fri Nov 10, 2006 at 12:56:22 PM EST
    In rape prosecutions, there will be a certain, small, percentage of false accusations.

    When the defense counsel for the accused is confronted with the defendant's allegation of a false accusation, how, as a matter of lawyerly practice, does one go about (A) investigating and discerning the truth insofar as possible, (B) arguing to the prosecutor (pre-indictment and pretrial - two different worlds) , etc.

    Remember, the initial trial of cops for Rodney King wound up an acquittal by choppy mischaracterizing the video.

    Parent

    The real beef was the fraud in victim's comp (none / 0) (#7)
    by 1980Ford on Fri Nov 10, 2006 at 10:56:39 PM EST
    Great Dick, Babe: Gang rape or orgy? Let's go to the video.

    Caution, graphic, though the title is a hint.

    Parent

    now you've lost me. (none / 0) (#4)
    by Gabriel Malor on Fri Nov 10, 2006 at 01:01:10 PM EST
    Why would actual rape victims be afraid to come forward because a fake victime is punished? If they're rape victims they'll have nothing to fear.

    Parent
    Perhaps they would be afraid (none / 0) (#11)
    by glanton on Wed Aug 22, 2007 at 01:51:05 PM EST
    to come forward because they know full well that real rape victims don't always win in Court.  

    Imagine actually being raped, going through a trial resulting in a "Not Guilty" verdict for the rapist, followed shortly thereafter by being youself forced to deal with charges of false accusation.

    Parent

    re (none / 0) (#5)
    by Deconstructionist on Fri Nov 10, 2006 at 01:15:17 PM EST
       There are actually a disturblingly large  number of dubious and likely false accusations of sexual misconduct. Anectdotally, I'd suggest that most of them arise out of failed relationships where the allegation becomes a weapon, but the underlying approach remains the same in cases arising in other contexts.

       the starting point -- motive and credibility of the accuser[s]. As a practical matter the defense lawyer  knows one thing-- prosecutors hate to lose cases  and many will shy away from any case that raises the spectre. Outwardly, in the pre-indictment stage you might be appealing to the prosecutor's sense of fairness (it's wrong to believe such a serious charge unlerss you have a good faith basis belief both that he is guilty and that you have evidence sufficient to sustain a conviction)  but there is often the subtext of "you'll lose this case because you have no/weak physical evidence and your victim/witness is not going to be believed."

    Pretty light (none / 0) (#6)
    by Abdul Abulbul Amir on Fri Nov 10, 2006 at 03:01:26 PM EST

    Getting off with 90 days for trying to railroad six others into life in the slammer seems pretty light.

    Update on Tamara Moonier: The Female Accuser (none / 0) (#8)
    by MarkM on Fri Mar 16, 2007 at 01:02:04 AM EST
    I came accross this letter/article from another website, but thought you might like the update on this vicious B**, I mean woman...It was written by her soon to be ex husband.who is mentioned in the L.A. times article:  also, here is the link.
    http://www.dontmakehermad.com/phpBB2/viewtopic.php?t=38

    Falsely Accused? And them some...
    --------------------------------------------------------------------------------

    I realize my heading, "Falsely Accused? And then some...", reads slightly Negative. I don't mean it to be. I was, (correction: I AM) a happy person in life. But it is Life's frustrations which cause us to be negative. Which is truly where my dilemma begins and unfortunately, won't be over for quite some time(according to my attorney!!) My frustrations as well come from the same types of stories I have read on this website, so I feel right at home. Two years ago, I would have thought you were all a bunch of babbling, Cry-Baby Idiots. However, I share way too much in common with my ordeal as most of the postings I read on this site. You see, My soon to be ex-wife is listed and referenced a few times on this site as well as thousands of other Websites, Blogs, and The Network Media, The Associated Press and Newspapers, Magazines, and once on a T-shirt that I saw!!
    Below is the L.A. Times article and below that is the section that was on this site...
    False rape report leads to 1-year sentence
    A Dana Point woman accused six men of abducting her, but a video shows her orchestrating some of the sex.
    By Mai Tran
    Times Staff Writer
    November 10, 2006

    A Dana Point woman who told police she was kidnapped at gunpoint and raped by six men was sentenced Thursday to 360 days in jail after
    confessing that she had made up the crime.

    Tamara Anne Moonier, 30, was arrested after one of the men brought forth a video that showed the woman was a willing participant in a night of sex. In court Thursday, a tearful Moonier pleaded for leniency and said she was remorseful. Moonier, who works as a receptionist at a woman's fitness center, said she had suffered from mental illness, depression and bipolar disorder since her teenage years, and is on prescription medication. She is currently in divorce proceedings and a custody battle for her 14-month-old child.

    Orange County Superior Court Judge Carla M. Singer said that if Moonier was well behaved during the first 90 days in jail, she could serve the
    remaining time under house arrest, officials said. Moonier was also ordered to repay more than $2,000 to the state for financial aid she received for being an alleged victim of violent crimes.

    Moonier, who had no criminal history, pleaded guilty in July to two felony counts of making false police reports and one count each of perjury and
    grand theft. She was facing a maximum of four years and eight months in prison. Moonier went to Fullerton police June 6 and reported that she had been abducted outside a bar at gunpoint then taken to an unknown location and raped, authorities said. But police later determined that she agreed to go to a house and have sex with the men, which was videotaped.

    One of the men showed police the 40-minute tape that depicted Moonier orchestrating some of the sex, authorities said. Deputy Dist. Atty. Paul Chrisopoulos said the woman's punishment was not harsh enough.
    "I wanted her to serve all year in custody," Chrisopoulos said. "She exposed these men to a lifetime in prison. To serve a year in prison is minuscule to what she was accusing these men of."

    The six men, who were not arrested or charged, would have faced life sentences had they been convicted.

    mai.tran@latimes.com
    Copyright 2006 Los Angeles Times

    Quote:

    A woman who falsely accused six men of rape was sentenced to one year in jail. Her false allegation was exposed when one of the accused men supplied video footage of the woman willingly participating in sexual activity. Each of the six falsely accused men would have served mandatory life terms if they had been convicted.

    Analysis: Positive development for men. This is a total vindication of the surveillance methods promoted by DontMakeHerMad.com to fight false allegations. Men who fear a future false allegation by a woman have so much to lose without absolute proof of their innocence. The state's burden to prove guilt has been eclipsed by an outrageous expectation on accused men, requiring them to "prove" their innocence. How is this possible, without surveillance? Some men, however, are concerned that using surveillance might subject them to criminal charges by violating privacy laws. But remember, in a democracy the District Attorney has prosecutorial discretion to decide not to charge someone with a crime. Women who try to "play the system" are not likely to generate any sympathy with prosecutors who are shown proof (in the form of surveillance) that the system is being manipulated. Note that none of the men who recorded the video were charged for doing so.
    Without reforms in criminal law and family law, we are heading into a world in which the only thing that can save a falsely accused man from years behind bars is the record button.

    and:

    Quote:
    Dana Point woman recants rapes (7/26/2006, Orange County Register)

    A woman who accused six men of kidnapping and raping her at gunpoint two years ago admitted she made it up, after TAPED SURVEILLANCE was provided to police by one of the falsely accused men. The six men were never charged or convicted in the case. The false accuser was charged with grand theft, perjury, making a false claim to the state (for funds intended for domestic violence victims), and making false statements to police.

    Analysis: Positive development for men. This is a perfect example of how to use surveillance to fight false allegations. A 40-minute video tape provided police with all the evidence they needed to exonerate the accused men. They were never even charged, avoiding the legal costs associated with a protracted jury trial. Men who fear prosecution for utilizing surveillance against a false accuser need only look at this case. Police and prosecutors dislike being duped...

    Yes, I was married to this person. I notice that this site shows us that this is a Positive Development for Men. It would be, except for the reason I chose to write about this woman. Let me explain, I am going to paste in a little of the e-mail I wrote to John last night:

    The Reason I am writing you is to inform you and possibly your readers, Interesting information about this woman and her family.

    To Start Tamara Moonier and her Mother state that she is innocent and she took a Plea Deal to avoid a conservative Jury so she would not get more Jail time, they (The Moonier House of Whores-Tamara and her mother Wendy Moonier) also state that Miss Tamara has had Great Behavior in Jail and will be getting released on March 2nd at only 59 days of Time served on her year long sentence given by Judge Carla Singer who states that Tamara Moonier can be released to House Arrest for her remaining 9 months of custody. (For anyone believing Poor Tamara wasn't really Raped, I would like to point out that the Internet is a great Resource tool and it also allows us to Read Transcripts of Tamara Moonier's Gang-Bang Film Debut.) I would like to further point out in the L.A. Times Article stating the same as above about Judge Singer's Sentence for Miss Moonier, How was she able to only do less than 60 days in Jail? So does this mean she gets more credit than any other inmate for "Time Served and Calculated for GOOD BEHAVIOR" So, This means Good Behavior for her is: She did not accuse anyone of Rape while she has been in Jail!! This is an outrage!!

    Tamara Moonier and her family have been falsely accusing every male Human Being (I heard a shameful story about a dog and cat once, but that is for another time) that has come in contact with her family, including her own family members: Father, Uncle, Grandfather, husbands, and even boyfriends) for the past 20+ years of Rape and Molestation. I have countless signed affidavits and countless (literally several hundred) pieces of proof. I have written statements proving and alleging that Wendy Moonier (Tamara Moonier's shining example of a mother) and Tamara Moonier have coached Tamara's Daughter into accusing Tamara's 1st ex-husband of molesting her. (by the way, Tamara lost custody of that daughter in 2001), I won't mention the child's name because she is a child, but let me point out that the apple does not fall far from the Tree!! This same child tried to accuse me as well, which she was probably coached as well by her Mother and Grandmother until her Lie was caught by some kind of Therapist that they were all seeing at the same time. Wendy Moonier has also paraded her daughter's on the national Talk-Show circuit doing shows like Geraldo, Montel and a long list of others except Jerry Springer, (Their producers would not give me any information on past shows unless I agreed to go his show. Do I really need to tell you what my answer was?) She brought her kids on to these shows for various topics and all about related to the same topic, Either Rape/Molestation/Tamara and her family had no male figure in her life (an actual topic)/ and to tell the world that they are victims!!

    This woman and her familly are not VICTIMS, they are PREDATORS!! Let me re-cap the last 7 months of my life: This woman left me 3 days before she plead guilty to her crimes, since then, I have spent the last 7 months and 10's of Thousands of Dollars trying to get custody of our 20 month old son from this above mentioned lunatic. I haven't even mentioned about her "Bi-Polar Disorder" (Yet, the night is young)

    Have you ever known anyone with this illness? It is like living with all of the inmates from "One Flew Over the Cookoos Nest" but worse, those patients were at least entertaining. The night before she left me, I had to pull about 2 bottles of pills out of her mouth and stop them from going down her throat. Because she was going through her trial and I was married to her, I did not call the police because I did not want to see her get locked up, I have since changed my mind. (by the way, let me point out that SHE LEFT ME, not the other way around, but our marriage is another story) To go back to my custody battle, the judge agreed to Joint Custody because the judge in our case has to order what is called a 730 evaluation, which is an in depth evaluation on both parents to determine what is best for the child...My attorney also informed me that California courts tend to favor Woman. My attorney assures me that an Evaluator will definetely see through Tamara and I should end up with Custody. Tamara Moonier should have never gotten any Kind of Custody in any way, shape form or anything. Tamara Moonier has already lost custody of one child, gave up another for adoption, and she and her family continue their abuse on any man coming into contact with them, they try to take their money, morals, and anything else they can get their hands in or on. All I want is for this child to be raised by a person who has morals, Values, does not falsely accuse people of doing horrible things to gain money and fame, and above all a decent human being: My Vote is ME!! I don't want child support from Tamara, but I also don't want to pay Tamara Moonier's Living expenses for the rest of my Life, just because she wants a FREE RIDE!! Make no mistake about it, that is the only reason she wants any custody whatsoever: MONEY!!! It is probably why she committed her crime in the first place, remember she defrauded the Victim-Witness Funds!! So, until this 730 evaluation is completed, I have to pay for Tamara Moonier's apartment because she has nowhere else to live except her Mother's house in La Palma, CA (The House of Whores) while she is on House Arrest. The Judge in my Custody case ordered this because he states if I really don't want Tamara Moonier's Mother having anything to do with raising this child, I will put my money up and show the court how important this is to me. This Child is the Most Important thing in this subject. I think there are lots of lessons to be learned here, but that is for another time...

    When I met Tamara Moonier barely 2 years ago, I had no idea what I was to be in store for. We met on the Internet and she probably got pregnant our first weekend together. From that Weekend on Tamara would just Cry to get what she wanted, or in the end just Took it, like a thief in the night. I never imagined this would have ever happened to me. I could go on and on about this woman. That is it for now...I just wanted to tell my story and make sure this woman and her Mother never hurt anyone again. (Tamara and Wendy Moonier)

    What a crazy justice system and world we live in...

    My advice to anyone reading this:

    1. Stay away from Internet dating
    2. Get a good Pre-Nup. (not a pre-nup: A GREAT Pre-Nup)
    3. You don't have toget married just because she is pregnant.
    4. Most importantly VIDEO-TAPE YOUR Love-makin'

    I would love to hear other peoples story or comments...

    WOW, what a Trip!!

    Tamara Moonier-False rape accuser (none / 0) (#9)
    by charlesmoonier on Fri May 04, 2007 at 05:43:39 PM EST
    I have a long confusing story, I will make this brief. I can explain more in detail if anyone cares. This is my niece. About 12 years ago, she made similar accusitions about my brother (her dad) and me. I ended up having to give up my daughter I had custody of, back to her mother in a terrible court battle. Tami made a telephone deposition to here in Az. and my ex wife, Barbara Ann Moonier (Hunt),  Tamis' mother (Wendy Ellen Moonier) and soon to be ex (Barbara Ann Moonier (Heinssen) helped Tami dream up the story and had her tell it to Calif. and Az. authorities. C.P.S. got involved and kids here and in Cal. were interviewed. I spent the next 12 years being threatened by exes to be turned in for being a pedifile if I did't cooperate with various demands. Now that Tami has been exposed, I finally have enough strength to stand up in court and face a divorce decree modification for my daughters benefit.
    I can forgive Tami for what she did. My concern is that Tami was just as much a victim as the 6 guys, my brother, myself and God knows how many others from the manipulation by her mom, Wendy and my two exes Barbara & Barbara. They are the real criminals.

    Here is anothe Update on these vicious women... (none / 0) (#10)
    by MarkM on Wed Aug 22, 2007 at 01:39:09 PM EST
    Hi Lindsey-  I wanted to forward this article to you.  It was written by Tamara Moonier's

    Uncle, Charles Moonier.  Charles just signed the final documents last Friday which gives

    him permanent custody of his youngest Daughter.  Charles is willing to give you any info

    and paperwork that you might need to help expose this sick family.  I have been asked

    by my attorney's and my family to show some restraint in the Media until my custody case

    is done.  However, they did mention to me that since Charles is done with his case, and

    he has as much knowledge, (if not more) about the facts of Wendy and Tamara Moonier,

    and the accusations and horrible other things they have done to Men over the past 30

    some odd years.  Here is the article:

    I wanted to give a further update...I'm the uncle of Tami Moonier who falsely accused me of rape etc. A few weeks ago, I finally had the opportunity to testify in California court against her and her mother Wendy Ellen Moonier on befalf of Alan (Tamara Moonier's ex-husband). After several of her 'witnesses' testified, coming out of the courtroom giving high-fives, I was called into the room. After a brief in-and-out, a switch with Tami in the room, and me back again, I was able to (for the first time) state the truth about her lies based upon a quote Tami made from an encounter we had a few years ago. The question was asked to her by her father, "Don't you have an apology for your uncle" This was in direct regard to her (slanderous) phone deposition made to an Arizona evaluator, Dr. Ronn Lavit accusing me of rape. Her response was, "Don't blame me, my mother made me say those things". For the first time in more that a decade, I felt like I was a free man. The horrible burden and threats from a previous wife, Barbara Ann Moonier (nka DeMartino) that she would support Tami's lies and have me thrown in jail here in Arizona is finally over!!!!! The false charges made by Wendy Moonier and Tami Moonier of domestic violence and enuendos of sexual misconduct by Alan (Tami Moonier's Ex-husband)were dropped immediately. One victory for the innocent. Now Wendy Moonier and Tami Moonier have also been in contact with Alan's (Tamara Moonier's ex-husband) ex-wife and other ex-girlfriends of his trying to convince them to have Alan's other daughter's testify against him with-No Doubt LIES, to besmerrch his good name. As I have said before, I beleive that my niece (Tamara Moonier) is a victim in all of this from a very sick woman by the name of Wendy Moonier. Have I mentioned that Wendy Moonier actually runs a child's daycare which is suplemented by the government, which I also have proof that she has defrauded the same government agencies with different scams to bring in her friends children to gain money... With all of this proof against her, why hasn't someone called the authorities regarding this woman!!

    This is not unique (none / 0) (#12)
    by Olde Pharte on Sun Feb 10, 2008 at 06:05:47 AM EST
    This is not a unique case. Cathleen Crowell cried 'RAPE!" to cover up her sexual activity with her boyfriend and sent Gary Dotson to jail. Gemma Gregory in the UK cried "RAPE!!!" 8 times before she was caught. USAF Lt Joseph Harding is still awaiting exoneration, as is USCG Cadet Webster Smith.
    Of course, we all know the name Crystal Gail Mangum and Tawana Brawley by now.
    Oh no sir, this is not a unique case at all.
    Olde Pharte