NCJ Number
198918
Journal
Sex Offender Law Report Volume: 3 Issue: 6 Dated: October/November 2002 Pages: 81-82,92,95
Editor(s)
Douglas D. Koski J.D.
Date Published
October 2002
Length
6 pages
Annotation
This article, the second in a series of articles examining the social and legal response to sexual crimes, examines the issues specific to victim blame, credibility, and consent in rape cases.
Abstract
In the summer of 2002, the first in a series of articles examining the social and legal response to sexual crimes was published and explored the contention put forth by some that rape is treated leniently by the criminal justice system for many reasons. In this second article in the series, the focus is on sexual coercion and the law, specifically the issues of victim blame, consent and credibility, the response to victim misconduct, the legal response to rape versus other crimes, and the treatment and consideration of rape by society and the criminal justice system. In examining the assessment of blame, several issues are addressed: (1) intention and foresee-ability as factors in assessing blame; (2) apportioning blame; (3) negligence as an element in assigning blame; (4) blame in acquaintance rape; (5) assessment of blame in sexual assault compared to other crimes; (6) effect of gender in assigning blame in sexual assault; (7) effect of observer’s gender in assigning blame; and (8) teasing or enticement as elements in blame assessment. Because the victim is usually the key witness in rape cases, the case typically depends on her credibility with the legal dispute frequently concerned with whether she consented. Several issues and factors are involved in dealing with consent and credibility: (1) relationship between parties in evaluating consent defense; (2) efforts by legislatures to refine approach to rape prosecutions; (3) sexism and consent; (4) consent and acquaintance rape; and (5) victim’s sexual history. A key issue in determining whether sexism plays a role in rape prosecution is to compare the response of the legal system to rape with its response to other crimes. Determining that the treatment of rape in the legal system is discriminatory requires the criteria that rape is handled differently than other crimes and that its special treatment is related to sexism on the part of legal authorities. Issues to address include: (1) comparison of severity of sentences; (2) arrest and conviction comparisons; (3) outcomes for violence against women; (4) sexual assault defendants in an Indianapolis study; (5) consent in rape cases compared with self-defense in assault cases; and (6) the victim’s character as an element in rape cases compared with assault cases. Research clarified that privacy considerations are paramount in reluctance to report rape, that the legal system response to rape is not more lenient than its response to other crimes, and that the nature of crime, not social control, dictates the importance of witness credibility in rape. References