The day when these sorts of accusations from a man against a woman carries the same weight with the same debilitating effects, then we can start talking about the legal problems.
Until then, this is about the bias our society as a whole has against men with respect to the rape issue, and woman understanding this.
What does it even mean for 'society' to 'have a bias'? That individuals in group G fare worse in situation S, all other things being equal, than individuals in other groups? If you have a better reading, please let me know. If not, we have disembarked too far from the cognitive for bias, an inherently cognitive thing, as our explanation.
Look at my name and call me a hammer-nail guy, but here's what I think: it comes down to options - yours, others', your expectation of others', theirs of yours, and most especially the resulting interplay of all of the above.
Human beings are the situation you put them in.
You and I (and Max Temkin and Julian Assange) have a grounded reason for a general fear of false rape accusation: that option is available to any woman we've ever spent an hour with. Is any individual, no matter her motivations, terribly likely to exercise that option? No, but that's not the disturbing part. The disturbing part is, there's no recourse once they do - no options.
But why! Why are there no options? Because rape is the exact thing that it is: a grievous crime whose lasting scars are emotional more often than physical. Anything else, it's different: show me the dead body, show me the stolen thing, what have you. If you're a woman, and some dude rapes you but somehow there's no physical scarring and no dna and no webcam recording and no witnesses-- an altogether plausible scenario, we can all agree-- then fuck you, says the legal system. No options. Not that the legal system has an option in the matter either; you can't have a system that sends people to jail for decades on testimony without evidence. No options here, no options there, no options everywhere, for everyone.
We, by which I mean the public, tend to believe the accuser, in my personal opinion, a) because some fraction of the public is women who have been exactly there, with no options, and see themselves in the accuser (regardless of whatever the real truth of the matter may be), and b) because they don't believe their voice matters anyway. Perhaps secretly, but all the same. Your girlfriend's opinion on Ben Roethlisberger's guilt of rape will, she is well aware, have zero legal effect. But it's your potential no-option situation, not hers, on your mind when you challenge her living room accusations for lack of evidence. A challenge which she can't answer because rape is the thing that it is.
The day when these sorts of accusations from a man against a woman carries the same weight with the same debilitating effects, then we can start talking about the legal problems.
Until then, this is about the bias our society as a whole has against men with respect to the rape issue, and woman understanding this.