NCJ Number
61333
Journal
DELIKT EN DELINKWENT Volume: 7 Issue: 9 Dated: (NOVEMBER 1977) Pages: 636-647
Date Published
1977
Length
12 pages
Annotation
THE UNSATISFACTORY REACTION OF THE DUTCH CRIMINAL JUSTICE SYSTEM TO THE PROBLEM OF RAPE IS DISCUSSED.
Abstract
WOMEN USUALLY REPORT RAPES BECAUSE OF A DESIRE TO PROTECT OTHER WOMEN AND BECAUSE OF INDIGNATION ABOUT THE OFFENSE. THE POLICE, IN CONTRAST, WANT TO COLLECT EVIDENCE, AND IN PURSUING THIS OBJECTIVE, FREQUENTLY IGNORE THE FEELINGS OF THE VICTIMS, SOMETIMES EVEN INSINUATING THAT THE RAPE WAS AN ENJOYABLE EXPERIENCE. AMONG THE MISCONCEPTIONS ABOUT RAPE ARE THE IDEAS THAT RAPES REALLY DO NOT OCCUR, THAT A RAPE IS ONLY REAL IF A WOMAN IS ATTACKED ON THE STREET BY A STRANGER, AND THAT WOMEN REALLY WANT TO BE RAPED. MEN, INCLUDING THE POLICE, TEND TO BE SUSPICIOUS OF WOMEN WHOSE STATEMENTS DO NOT CONFORM TO THESE PREJUDICES. FORTUNATELY, WOMEN'S REAL FEELINGS OF FEAR AND DEGRADATION HAVE COME TO THE ATTENTION OF THE PUBLIC AS MORE AND MORE WOMEN HAVE CHOSEN TO ACCUSE THEIR ATTACKERS AND TO RELATE THEIR EXPERIENCES RATHER THAN TO REMAIN SILENT IN SHAME AND FEAR. STILL, THE WOMEN WHO CHOOSE TO PRESS CHARGES FOR RAPE ARE CONSTANTLY QUESTIONED, MUST MAKE STATEMENTS TO THE EXAMINING MAGISTRATES, AND MUST APPEAR AT THE TRIALS. THE SERIES OF UNPLEASANT, FRUSTRATING EXPERIENCES TENDS TO ALIENATE WOMEN AND TO DISCOURAGE THEM FROM REPORTING RAPES AND FROM PRESSING CHARGES. PERHAPS MOST ALIENATING IS THE TRIAL, WHERE JUDGES FREQUENTLY ASK PARTICULARLY GRAPHIC QUESTIONS AND AT TIMES EVEN JEST ABOUT VICTIM'S ANSWERS. THE ABSTRACT, LEGAL EUPHEMISMS USED IN COURT ONLY MAKE MATTERS WORSE. FINALLY, THE RAPE VICTIM MAY BE SUBJECTED TO INSINUATING REMARKS ABOUT HER CHARACTER BY DEFENSE LAWYERS ANXIOUS TO WIN THE CASE. DESPITE THESE DIFFICULTIES, WOMEN SHOULD CONTINUE TO REPORT RAPES AS A MEANS OF PROTECTING OTHERS, AND OF FIGHTING BACK. THE JUSTICE SYSTEM REMAINS THE ONLY CIVILIZED MEANS OF DEALING WITH THIS SERIOUS FORM OF DELINQUENT BEHAVIOR WHICH IS THE SYMPTOM OF A MALE-DOMINATED POWER STRUCTURE IN SOCIETY. NOTES ARE SUPPLIED.