NCJ Number
139237
Journal
Criminal Justice Journal Volume: 13 Issue: 2 Dated: (Spring 1992) Pages: 275-302
Date Published
1992
Length
28 pages
Annotation
This analysis of prosecution for date rape concludes that the myths and misconceptions entrenched within the criminal justice system continue to place the focus on the charge on the victim's character rather than on the perpetrator's conduct.
Abstract
Date rape is common on college campuses, but its existence has often been denied by campus officials. The main legitimate issue in a date rape prosecution is consent, but proving that sexual activity was nonconsensual is difficult in the absence of the injuries that are often present in other rape cases. Efforts to obtain convictions are hampered by the social biases that are endemic to law enforcement personnel, prosecutors, judges, and juries. Although some noteworthy prosecutions and convictions have occurred in the past few years, the major defense strategy is still to focus on the victim's reputation. In addition, sentences in acquaintance rape cases tend to be much lighter than in other rape cases.