Yes they can, and I would be very surprised if they were banned for it.  They would likely be removed from DT by whomever had them listed, and painted red for days, but the staff in "official" capacity likely wouldn't act.

If you really think this is some felonious assault you need to contact law enforcement.  They would contact theymos with appropriate legal documents and theymos would comply or fight it, both of which I believe he has done before.  Those are the proper channels to follow not complaining about a bad report and banning another user.

Frankly you sound a little butthurt about a single report not being handled and a user not being banned.