FORCIBLE RAPE - PROSECUTOR ADMINISTRATIVE AND POLICY ISSUES - PROSECUTORS' VOLUME 3

• NCJ Number: 43526
• Author(s): J A REICH; D D SCHRAM
• Date Published: 1978
• Length: 53 pages
• Grant Number(s): 75-NI-99-0015
• Sponsoring Agency: US Dept of Justice; US Dept of Justice NIJ Pub
• Corporate Author: Battelle Human Affairs Research Ctrs
• Sale Source: Superintendent of Documents, GPO; National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

WAYS IN WHICH A PROSECUTOR/ADMINISTRATOR CAN SET A TONE WHICH WILL ENCOURAGE REPORTING OF RAPE AND INCREASE CONVICTIONS ARE SUGGESTED. MORE SENSITIVE TREATMENT OF VICTIMS IS URGED.

Abstract

TRADITIONALLY, THE COURT PROSECUTION SYSTEM HAS NOT AGGRESSIVELY SOUGHT RAPE CONVICTIONS, AND VICTIMS HAVE OFTEN BEEN SUBJECTED TO BADGERING AND HARASSMENT DURING HANDLING OF THE 3 PERCENT OF CASES THAT ACTUALLY DO COME TO TRIAL. COMMITMENT FOR CHANGE MUST COME FROM TOP ADMINISTRATIVE LEVELS OF THE PROSECUTOR'S OFFICE. SINCE A CASE IS NO BETTER THAN THE EVIDENCE COLLECTED, CLOSE COOPERATION WITH POLICE MUST BE ESTABLISHED. STANDARDIZED REPORTING FORMS LISTING ALL ELEMENTS NECESSARY FOR SUCCESSFUL PROSECUTION SHOULD BE DEVELOPED FOR BOTH POLICE AND COURT USE. GREATER COOPERATION MUST BE ESTABLISHED WITH HOSPITALS. DOCTORS AND OTHER EXAMINING PERSONNEL MUST UNDERSTAND THE SPECIAL PROBLEMS OF COLLECTING RAPE EVIDENCE. STANDARDIZED FORMS FOR EVIDENCE-GATHERING AT THE HOSPITAL ARE SUGGESTED AND SAMPLES INCLUDED. OFTEN THE EXAMINING DOCTOR CAN ELICIT TESTIMONY FROM THE VICTIM; THIS SHOULD BE CAREFULLY REPORTED. EVIDENCE MUST BE CAREFULLY LABELED AND PRESERVED. AT ALL STAGES, GREATER SYMPATHY SHOULD BE SHOWN FOR THE VICTIM THAN HAS BEEN THE NORM IN THE PAST. SURVEYS HAVE SHOWN THAT 85 PERCENT OF RAPE REPORTS ARE LEGITIMATE. IN 75 PERCENT, PHYSICAL FORCE HAS BEEN USED AND THE VICTIM PERCEIVES THE SITUATION AS LIFE-THREATENING RATHER THAN AS A SEXUAL ASSAULT. TRAINING, METHODS FOR SIMPLIFYING THE SUBPOENA PROCESS SO THAT DOCTORS LOSE MINIMAL TIME, AND CONTINUING LIAISON ARE DISCUSSED. THE SPECIAL PROBLEMS OF BRINGING A RAPE CASE TO TRIAL AND THE ROLE OF THE PROSECUTING ATTORNEY IN PRETRIAL, TRIAL, AND SENTENCING PROCEDURES ARE CONSIDERED IN DETAIL. BECAUSE RAPE CASES ARE MORE DIFFICULT TO PROSECUTE THAN MOST OTHER FELONIES, THE TEMPTATION IS TO PLEA BARGAIN OR TO NOT FILE CHARGES. ONLY IF THERE IS CLEAR DIRECTION FROM ADMINISTRATORS WILL INDIVIDUAL DEPUTIES VIGOROUSLY AND IMAGINATIVELY SEEK CONVICTIONS IN RAPE CASES.