NCJ Number
43521
Date Published
1978
Length
75 pages
Annotation
TESTS AND WITNESSES NECESSARY FOR RAPE CHARGES TO BE FILED, PRE-TRIAL PREPARATION, PLEA BARGAINING STANDARDS, JURY SELECTION, TRIAL STRATEGY, SENTENCING, AND COUNSELING FOR THE VICTIM ARE EXAMINED IN DETAIL.
Abstract
INTERVIEWS WITH 40 EXPERIENCED PROSECUTORS INDICATED THAT EVEN IN MAJOR CITIES AN AVERAGE OF ONLY 4.5 RAPE CASES PER PROSECUTOR ACTUALLY PROCEEDS TO TRIAL, WHILE 2.5 RESULT IN A CONVICTION. SINCE THE HANDLING OF RAPE CASES IS OFTEN AN UNFAMILIAR TASK, THIS MANUAL HAS BEEN DESIGNED AS A REFERENCE WORK. IT DISCUSSES THE HISTORICAL PREJUDICES PROSECUTORS, JUDGES, AND JURIES HAVE HAD TOWARD RAPE VICTIMS. ALTHOUGH THE VICTIM IS OFTEN THOUGHT TO BE CONTRIBUTORY TO THE OFFENSE, A STUDY OF REPORTS FROM FIVE MAJOR POLICE DEPARTMENTS FOUND THAT SUBSTANTIAL THREATS AGAINST THE VICTIM'S LIFE WERE MADE IN 60 PERCENT OF CASES AND STRONG-ARM FORCE WAS USED IN 75 PERCENT. MOST ATTACKS TOOK PLACE IN THE VICTIM'S HOME OR ON THE STREET. MEDICAL TESTS WHICH SHOULD BE CONDUCTED IMMEDIATELY AFTER REPORT OF THE ATTACK, MEDICAL TESTS WHICH SHOULD BE CONDUCTED AT INTERVALS OF TIME AFTER THE ATTACK, AND QUESTIONS WHICH SHOULD BE ASKED AT THE TIME ARE DETAILED. FORENSIC EVIDENCE WHICH SHOULD BE GATHERED IS DISCUSSED. THE PROCESS OF PLEA BARGAINING AND THE POPULAR CONCEPT OF THE 'DEGREE OF SERIOUSNESS' OF RAPE ARE CONSIDERED TO AID THE PROSECUTOR WHO MUST DETERMINE HIS CHANCES OF WINNING THE CASE. BECAUSE OF POPULAR PREJUDICES, THE RAPE CASE MUST BE ESPECIALLY WELL PREPARED. EVIDENCE, WITNESSES, AND TRIAL TACTICS ARE DISCUSSED. METHODS OF DISCOVERING POSSIBLE JUROR BIAS ARE DETAILED. INCLUDED ARE CHECKLISTS, SAMPLE FORMS FOR MEDICAL AND FORENSIC EXAMINATIONS, BIBLIOGRAPHIES, AND A DESCRIPTION OF RAPE VICTIM SERVICES IN VARIOUS CITIES.