NCJ Number
48013
Journal
Crime and Delinquency Volume: 23 Issue: 2 Dated: (APRIL 1977) Pages: 136-153
Date Published
1977
Length
18 pages
Annotation
THE MANNER IN WHICH THE CRIMINAL JUSTICE SYSTEM HAS DEALT WITH VICTIMS OF FORCIBLE RAPE AND THE RAPIST ARE EXPLORED WITH EMPHASIS ON THE POSITIVE CHANGES THAT ARE OCCURRING.
Abstract
IN THE VIOLENT CRIME CATEGORY, RAPE IS THOUGHT TO BE THE MOST INFREQUENTLY REPORTED CRIME. ACCORDING TO THE UNIFORM CRIME REPORTS, 56,000 WOMEN WERE RAPED IN 1975. HOWEVER, VICTIMIZATION SURVEYS INDICATED THAT THE OCCURRENCE OF RAPES WAS ALMOST FOUR TIMES THE NUMBER REPORTED TO POLICE. EVEN WHEN THE RAPE IS REPORTED AND THE RAPIST IS BROUGHT TO TRIAL, THE OUTCOME IS FREQUENTLY ACQUITTAL OF A CLEARLY GUILTY ASSAILANT. IN ORDER FOR THE RAPIST TO BE CONVICTED, CORROBORATION IS REQUIRED. THIS INCLUDED CONFIRMATION THAT THE ACT OCCURRED, THAT THE DEFENDANT IS IN FACT THE RAPIST, THAT 'PENETRATION' ACTUALLY TOOK PLACE AND THAT THE WOMAN FORCIBLY RESISTED AND DID NOT GIVE HER CONSENT. THE VICTIM'S CHARACTER AND REPUTATION ARE OFTEN CONSIDERED ALONG WITH THE ISSUE OF CONSENT. SUCH STRINGENT CORROBORATION IS INTENDED TO DISCOURAGE FALSE CLAIMS OF RAPE WHICH COULD RESULT IN SEVERE SOCIAL OR LEGAL PUNISHMENT. VARIOUS STATES INTERPRET THESE REQUIREMENTS IN DIFFERENT WAYS, AND SUCH CORROBORATION USUALLY TAKES PRECEDENCE OVER THE EMBARRASSMENT AND HUMILIATION OF THE VICTIM. SOME THEORISTS BELIEVE THAT POLICE BRUTALIZATION IS RESPONSIBLE FOR THE FAILURE OF WOMEN TO REPORT RAPES. THE PROCESSING OF RAPE VICTIMS IN A MALE-DOMINATED CRIMINAL JUSTICE SYSTEM HAS OFTEN RESULTED IN OVERT SEXISM AND TRAUMA WHICH SOME WOMEN HAVE FELT IS WORSE THAN FORCIBLE RAPE ITSELF, BUT GRADUALLY THE SYSTEM IS BECOMING MORE SENSITIVE. APPROACHES DESIGNED TO ENCOURAGE GREATER REPORTING OF THE CRIME HAVE BEEN SUGGESTED. SPECIAL SENSITIVITY TRAINING FOR POLICE AND PROSECUTORS WOULD HELP. RAPE CRISIS CENTERS ARE PERHAPS THE MOST EFFECTIVE WAY FOR THE CRIMINAL JUSTICE SYSTEM TO INSURE THAT RAPE VICTIMS ARE TREATED HUMANELY. THESE CENTERS MAY BE ESPECIALLY USEFUL TO THE VICTIM AFTER THE RAPIST'S CONVICTION OR ACQUITTAL WHEN THE CRIMINAL JUSTICE SYSTEM NO LONGER IS INTERESTED IN THE VICTIM. THE USE OF POLICEWOMEN TO CONDUCT THE INITIAL INTERROGATION AND FOLLOWUP INVESTIGATION HAS ENCOURAGED WOMEN TO REPORT RAPES. SOME STATES ARE INTRODUCING LEGISLATION TO LIMIT DEFENSE INTRODUCTION OF A VICTIM'S PRIOR SEXUAL BEHAVIOR. WORK ALSO IS BEING DONE ON A MODEL PENAL CODE WHICH WOULD DIVIDE 'GROSS SEXUAL IMPOSITION' INTO FOUR DEGREES SO THAT JURIES WOULD NOT HAVE TO CONVICT OR ACQUIT SOMEONE ON A SINGLE-CATEGORY RAPE. (JSP)