Forcible Rape: Institutionalized Sexism in the Criminal Justice System (From Criminal Justice System and Women, P 241-261, 1982, Barbara Raffel Price and Natalie J Sokoloff, eds. -- See NCJ-115340)

• NCJ Number: 115352
• Author(s): G D Robin
• Date Published: 1982
• Length: 21 pages
• Sale Source: Clark Boardman Company, Ltd
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS. From Crime and Delinquency, April 1977, P 136-153

Annotation

Among serious offenses, rape is unique in that distinctly human factors have established the legal elements that must be proved beyond a reasonable doubt.

Abstract

These human factors make victims reluctant to report rape and convictions difficult to obtain. Obtaining a conviction requires a stringent burden of proof involving corroboration that (1) the event occurred and is not a complete fabrication, (2) the defendant has been identified, (3) there was actual penetration, and (4) force was present and consent was absent. This last requirement generally involves proving the victim's resistance to the attack and good character. After reporting, the victim is subject to sexist treatment by police, prosecutors, courts, and juries; the ordeal of the trial; and the invasion of her privacy. Factors which contribute to this additional victimization include a sexist society, obsolete and chauvinistic rape laws, the historical role of women as property, and stereotyped notions of how women should react to attack and the victim's possible role in precipitating the attack. The emergence of specialized training in rape crisis centers and other victim services should encourage greater reporting. In addition, States are moving to reform rape laws, primarily by changing the legal elements of proof and by identifying degrees of sexual offenses with appropriately scaled sanctions. 67 footnotes.