Rape Claim Recanted

" Kelly's court is back in session on the docket today at twisted tale of rape -- a New York campus but turned out to be no -- at all. Hofstra University student -- Mel and Gagne seen in this picture here. Is now facing possible criminal charges after lying to police about being gang raped. She claimed that five men tied her up and raped her in a bathroom after a frat party luring her in by stealing her cellphone. Her allegations leading to the arrest of four of those men as they continue to look for the fifth. Whose pictures were plastered all over -- local and national media this just happened on Sunday. The so called nightmare -- Was all -- real news this woman. Made the whole thing up and only confessed to it when it turned out. -- actually had a videotape of the encounter. Then she came clean she has since been suspended from Hofstra but has not been charged with any crime. Why not. Let's ask our panel former prosecutor and host of cops and cases Kimberly Guilfoyle and fox and legal analyst at least we have -- morning panel --"

" All right so here we are generally it's it's you they remind anybody of the duke rape case which was also not a -- case. In there in that case they they let the accuser go citing mental problems that same thing here the prosecutors are saying he's deeply disturbed. And and she hasn't been charged yet social justice should -- is that a justification out why not why hasn't --"

" been charged in this case I mean to things that she did by making up these outrageous -- saying that she was brutally raped by these five men. Airlines will never be the same she only came clean as you pointed out made when she was confronted with the evidence by the district attorney's office. I feel the prosecutors engaging in a double standard here. She should be prosecuted because now they are the victims in this case whatever you think morally about. What they engaged in it was consensual. And she got nothing back to avoid same with her boyfriend she went -- made at these outrageous lies. Saying that she was raped by those men she should be prosecuted for filing false statements and a also part perhaps even perjury he signed -- Affidavit -- state and --"

" That -- DA has come out across his command said that quote her actions and demeanor depicted very troubled young -- and in need of much help write -- yeah. -- but at least the prosecutor is stepping back here look I'm not gonna defend what this woman -- it was horrible but there are couple mitigating -- she's eighteen. She has been suspended from school her name is now out there everybody knows her identity her picture is now out there she is being punished. Already and when confronted she didn't just try to keep the story going she came -- said yet you're right I -- I've messed up so what the prosecutor is doing -- stepping back and saying look. I could charge you but you clearly got mental problems let's at least give her that chance to clear up whatever you know cycles since you've -- hot. Before going ahead with the prosecution if she fails -- or what it won't going to treatment. Then you prosecutor but at least give -- that one chance Italian -- why she didn't give these guys any Josie and let you -- be -- for the rest of their lives and have -- rape charges and and now we learn the reason she made the whole thing up -- because she -- a boyfriend yes she's she admits it was consensual sex with it would be several rank and she didn't like her that you are boyfriend analogy on central."

" Yeah I've got -- liar and she committed a crime against an enemy doesn't. The world needs to be on notice he should have a record of this. Right Nagin didn't guess what if she tries to go wouldn't do it again right exactly what we -- in the duke case -- he had pile up all. Report on another -- Dare to be documentation of this there's really not do this to anyone else think there will."

" The documentation doesn't -- the duke case there was the documentation of the false reports with -- for any prosecutor worth his or her assault at that point would have been a huge red -- let me -- did did -- four -- it was -- five. The chance for therapy before they decided whether to charge them. This but that other charge of rape and I agree with you what she did was completely wrong and -- and -- Forman have their names -- and you're right they couldn't they can be Google for ever ask hand she also prosecutors do is doing here is trying to -- just. A little modicum of empathy to say. Let's at least get to and a program and see if you can be rehabilitated before we charging the take away your life as well not and I really don't think people like -- A lot of detail order that that's just that in my insurance for making future -- like this."

" I actually am I being too hard I just think now. Illegitimate claim -- I might actually did it does -- in this country and that's a problem and real victims of sexual assault are afraid to come forward right now that's happening in this country because of cases like this. Where this one man has beaten my band I'm making people's second guessing question any time a woman brings -- thirty I don't and she did more harm. To actual --"

" Victims this week that they think anybody has done since the duke accuser leave I'd I do not disagree with with everything -- been said and the Duke Lacrosse case was exhibited at absolutely the puts women. -- hundred years behind a -- cases I got it. All I'm saying here is that the prosecutor -- self. Came out and said. This woman needs help let's at least try to get her some helpers. And then maybe they'll be some charges. Prosecutor -- you'll never be charges down and write a letter at least try something else here search -- basically got -- that the night that I don't think just holding her hand and saying oh we're back on radio Havana I wouldn't -- I think it is clearly pulling out what about the cops okay that the but the cops came -- they recipes for guys like instantly based on her word and then came out the Nassau police detective lieutenant came out and said at a news conference clearly. I think the cell -- was taken from her to lure her away from the crowd. To do her harm and Sydney -- these these guys committed -- I mean that that that what it should the police be making statements like that isn't that didn't learn anything from duke."

" Can finally I think it's irresponsible and I don't like in this case is I do not believe in unequal justice and I think in this case he's being treated differently because of her gender as well and I it's not appropriate punishment just doesn't work unless it's even handed out even handedly I'm here at -- of these kinds for what she did say hi."

" That that's right Megan what they did was an appropriate what she did with reprehensible. What this prosecutor is just trying to do is say. Let's just step back take a breath let's see if we can say this woman before we bring any charges she has not said that the girl but the woman will not be charged but right -- what exactly known for a couple of days of this is that this is total bogus you know this is made -- so. Many wondering fortunately Greg our quick to charge than any other men not so quickly -- human well fortunately -- out -- these we have got to go one final word. This woman should be charged period the acute in the duke rape case should have been charged to. The problem is -- the problem in not doing so with that set the precedent. A belief that one can get away with this kind of -- Scot free. That isn't right. Obviously she's got problems that's not the issue she essentially held a gun to the head of these men and for that she needs to pay the good thing to have a video."