NCJ Number
54942
Journal
WOMEN LAWYERS JOURNAL Volume: 60 Issue: 4 Dated: (FALL 1974) Pages: 192-198
Date Published
1974
Length
7 pages
Annotation
PROCEDURES IN THE INITIAL INTERVIEW OF RAPE VICTIMS, RAPE INVESTIGATION, TRIALS, AND JURY INSTRUCTIONS ARE EXAMINED CONCERNING BOTH VICTIM'S AND DEFENDANT'S RIGHTS, WITH EMPHASIS ON THE STATE OF CALIFORNIA.
Abstract
FOUR CATEGORIES OF RAPISTS ARE IDENTIFIED: (1) RAPISTS WHO ARE PRIMARILY SEX OFFENDERS; (2) SADISTIC RAPISTS WHOSE MOTIVES ARE SEXUAL IN ORIGIN, COMBINED WITH AGGRESSIONS THAT BECOME ABNORMALLY EXAGGERATED; (3) MEN WHO ARE BASICALLY NORMAL IN THE SEXUAL SENSE BUT ARE PRIMARILY MOTIVATED BY ANTISOCIAL FORCES AND AGGRESSIONS; AND (4) NEUROTICALLY NORMAL BUT SEXUALLY AGGRESSIVE YOUNG MEN, PROBABLY THE LARGEST CATEGORY OF RAPISTS. VICTIMS OF RAPE ARE SUBJECT TO INVESTIGATION AND TRIAL THAT CAN BE DISTASTEFUL AND STRESSFUL. ON THE OTHER HAND, THERE ARE NEUROTIC OR PSYCHOTIC WOMEN WHO MAY CHARGE RAPE TO COMPENSATE FOR LONELINESS OR TO EXPLAIN CASUAL SEX RELATIONS OUT OF A NEED FOR SELF-RESPECT. BECAUSE MANY RAPE VICTIMS CHARACTERIZE INITIAL POLICE INTERROGATIONS AS SKEPTICAL AND LACKING IN SENSITIVITY, PROPER AND UNIFORM PROCEDURES FOR RAPE INVESTIGATIONS SHOULD BE ESTABLISHED BY LAW. SUGGESTED PROCEDURES FOR INITIAL INTERVIEWS SHOULD BE CODIFIED. THEY INCLUDE ENTITLING THE COMPLAINANT TO HAVE PRESENT A RELATIVE, FRIEND, ATTORNEY, REPRESENTATIVE FROM AN ORGANIZATION SUCH AS A RAPE CRISIS CENTER, OR A POLICEWOMAN. ALLOWING HER TO MAKE TWO TELEPHONE CALLS TO ARRANGE FOR THE PRESENCE OF ANY OF THESE PEOPLE, AS WELL AS REQUIRING THE FIRST OFFICER ANSWERING HER COMPLAINT TO ADVISE HER OF THESE RIGHTS AND TO PRESENT HER WITH A PRINTED FORM STATING SHE WAS ADVISED OF THESE RIGHTS ARE ALSO RECOMMENDED. THE INTERVIEW SHOULD BE RECORDED, AND THE INVESTIGATING OFFICER SHOULD ADVISE HER OF COMMUNITY RESOURCES AVAILABLE TO AID HER. THE ADMINISTRATION OF A LIE DETECTOR TEST IN CASES WHERE THE VICTIM'S STORY IS NOT WHOLLY CREDIBLE IS ALSO SUGGESTED, BUT A PSYCHIATRIC EXAMINATION SHOULD BE REQUIRED ONLY WHEN THE DEFENSE OFFERS A COMPELLING REASON. LEGISLATION TO PROTECT THE COMPLAINANT DURING THE TRIAL REGARDING QUESTIONING ON HER SEXUAL HISTORY IS PROPOSED, AS WELL TO PROHIBIT JURY INSTRUCTIONS THAT MENTION THE VICTIM'S 'UNCHASTITY' OR SET A HIGHER STANDARD FOR CONSIDERATION OF HER TESTIMONY THAN FOR THE DEFENDANT'S. FINALLY, IT IS NOTED THAT RAPE IS A CONTROVERSIAL TOPIC WHICH DEFENSE ATTORNEYS AND ADVOCATES FOR RAPE VICTIMS NEED TO CONSIDER RATIONALLY AND FAIRLY. CASE LAW IS CITED. (DEP)