NCJ Number
34435
Journal
American Journal of Criminal Law Volume: 4 Issue: 1 Dated: (1975-1976) Pages: 15-30
Date Published
1976
Length
16 pages
Annotation
BASED ON AN ANALYSIS OF POLICE CASE FILES, INTERVIEWS WITH POLICE AND VICTIMS, ACTUAL CASE RECORDS, AND POLICE RESPONSES TO A QUESTIONNAIRE, THIS ARTICLE STUDIES THE PROCESSING OF RAPE COMPLAINTS BY TEXAS POLICE.
Abstract
IT IS NOTED THAT THE RAPE VICTIM'S INITIAL ENCOUNTER WITH POLICE IS THE POINT AT WHICH THE VICTIM'S STORY IS FIRST EVALUATED AND AT WHICH THE VICTIM HERSELF FIRST RECEIVES AN INDICATION OF WHAT LIES AHEAD FOR HER IF SHE CHOOSES TO PROSECUTE. IN THIS ARTICLE, THE AUTHOR EXAMINES POLICE PROCEDURE FOR HANDLING RAPE COMPLAINTS, POLICE ATTITUDES CONCERNING RAPE COMPLAINANTS AND THE RAPE COMPLAINTS RECEIVED, FORMAL AND INFORMAL CRITERIA BY WHICH POLICE EVALUATE RAPE COMPLAINTS, PREVENTIVE POLICE WORK IN THE AREA OF SEX OFFENSES, AND POSSIBLE ALTERNATIVES AND ADDITIONS TO CURRENT POLICE PROCEDURES IN PROCESSING AND HANDLING RAPE COMPLAINTS. THIS RESEARCH LED TO TWO CONCLUSIONS. FIRST, POLICE INVESTIGATORS HOLD COMPLAINANTS TO A HIGHER STANDARD OF CONDUCT THAN THE LAW REQUIRES AND, IN FACT, ACT AS RULEMAKERS IN DETERMING WHAT CONDUCT CONSTITUTES RAPE. THE AUTHOR STATES THAT CHANGES IN THE RAPE LAWS, THEREFORE, MAY NOT AFFECT POLICE INVESTIGATORS' ACTIONS IN THE FIELD. SECOND, THE AUTHOR FOUND THAT RAPE INVESTIGATION PROCEDURES AT THE TEXAS METRO POLICE DEPARTMENT ARE INEFFICIENT AND OFTEN DYSFUNCTIONAL, BUT THEY COULD BE REFORMED BY OVERHAULING THE EXISTING SYSTEM. SUCH REFORM IS NECESSARY IF RAPE COMPLAINTS ARE TO BE HANDLED EFFECTIVELY, THE AUTHOR CONCLUDES. (AUTHOR ABSTRACT MODIFIED)