FORCIBLE RAPE AND THE PROBLEM OF THE RIGHTS OF THE ACCUSED (FROM FORCIBLE RAPE - THE CRIME, THE VICTIM, AND THE OFFENDER, 1977 BY DUNCAN CHAPPELL, ROBLEY GEIS, AND GILBER GEIS - SEE NCJ-43432)

• NCJ Number: 43437
• Author(s): E SAGARIN
• Date Published: 1977
• Length: 19 pages
• Corporate Author: Columbia University Press
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

A DISCUSSION OF RAPE AS A CRIME IN WHICH FALSE ACCUSATIONS MAY OCCUR EXAMINES THE QUESTION OF ENSURING EQUAL JUSTICE UNDER THE LAW FOR BOTH THE VICTIM AND THE SUGGESTED.

Abstract

THE CHARGE OF RAPE MAY BE FALSELY LEVELED IN CASES WHERE NO SEXUAL ENCOUNTER HAS OCCURRED, WHERE CONSENSUAL INTERCOURSE HAS TAKEN PLACE, OR WHERE THE VICTIM OF AN ACTUAL RAPE MAKES A MISTAKEN IDENTIFICATION, ALBEIT IN GOOD FAITH, OF HER ATTACKER. AN EXAMINATION OF THE FIRST CATEGORY SHOWS THAT THE MOST FREQUENT EXPERIENCE OF FALSE ACCUSATIONS IN THE COMPLETE ABSENCE OF SEXUAL CONTACT INVOLVES RACIAL MATTERS AND THE DELIBERATE EFFORT TO OPPRESS THE BLACK PEOPLE. THE AUTHOR ILLUSTRATES THIS CONTENTION WITH THE EXAMPLE OF THE 'SCOTTSBORO CASE,' IN WHICH NINE BLACK YOUTHS WERE ACCUSED BY TWO WHITE GIRLS OF RAPE; ONE OF THE GIRLS LATER DENIED THAT AN ATTACK HAD EVER OCCURRED, AND EVIDENCE SURFACED THAT THE GIRLS WERE PROSTITUTES. NINETY PERCENT OF THE EXTRALEGAL MOB LYNCHINGS THAT TOOK PLACE BETWEEN THE EMANCIPATION PROCLAMATION AND WORL WAR II INVOLVED BLACKS, 20 PERCENT OF WHOM WERE ACCUSED OF RAPE. INVESTIGATIONS HAVE INDICATED THAT IN THE GREAT MAJORITY OF INSTANCES, THERE WAS NO SEXUAL ENCOUNTER BETWEEN THE LYNCHED INDIVIDUAL AND ANY WHITE WOMAN. CASES INVOLVING CONSENSUAL INTERCOURSE IN WHICH RAPE WAS CHARGED AND CASES OF MISTAKEN IDENTIFICATION CITED PROVE THE POSSIBLE IMPORTANCE OF PRIOR SEXUAL CONDUCT ON THE VICTIM'S PART AND THE NEED FOR CORROBORATION. THE CONCEPT OF 'INNOCENT UNTIL PROVEN GUILTY' IS DISCUSSED IN RELATION TO FEMINIST OUTCRY OVER CASES WHICH PIT THE WORD OF THE VICTIM AGAINST THE WORD OF THE ACCUSED. AMONG THE GUIDELINES SUGGESTED FOR PROTECTING THE RIGHTS OF THE ACCUSED AND THE COMPLAINANT ARE: (1) PRETRIAL TESTIMONY TO DETERMINE WHETHER EXAMINATION OF THE SEXUAL HISTORY OF EITHER PARTY IS RELEVANT AND ADMISSIBLE, WITHOUT VIOLATING THE ACCUSED'S RIGHTS AS A DEFENDANT (WHICH ARE GREATER THAN THE RIGHTS OF THE COMPLAINANT); (2) ANONYMITY TO PROTECT THE COMPLAINANT; (3) UNCORROBORATED TESTIMONY OF A COMPLAINANT, IN THE FACE OF A DENIAL BY A DEFENDANT, SHOULD BE INSUFFICIENT TO CONVICT; AND (4) COMPLAINANTS SHOULD BE PROTECTED FROM UNSYMPATHETIC POLICE OFFICERS. CONVICTIONS FOR RAPE HAVE NOT BEEN EASILY OBTAINED, BOTH BECAUSE OF THE DIFFICULTY OF PROVING THE INVOLUNTARY NATURE OF THE ACT AND THE RELUCTANCE OF VICTIMS TO PROSECUTE FOR FEAR OF BEING STIGMATIZED OR HUMILIATED. EVERY EFFORT SHOULD BE MADE TO CONVICT AN OFFENDER SHORT OF DENYING THE ACCUSED THE RIGHT TO A FAIR TRIAL. REFERENCES ARE PROVIDED.