NCJ Number
44702
Date Published
1977
Length
10 pages
Annotation
PROBLEMS AND ISSUES INHERENT TO THE CRIME OF RAPE ARE DISCUSSED, AND PROGRAMS AND METHODS AIMED AT AMELIORATING THE EXPERIENCE OF THE RAPE VICTIM THROUGH EQUITABLE, HUMANE TREATMENT ARE NOTED.
Abstract
RAPE IS THE ONLY CRIME THAT INVOLVES A ROLE REVERSAL BETWEEN THE ACCUSED AND THE ACCUSER. IN SOME STATES, RAPE IS THE ONLY CRIME IN WHICH CORROBORATION IS REQUIRED TO SECURE A GRAND JURY INDICTMENT, LET ALONE A CONVICTION IN COURT. ALTHOUGH RESEARCH HAS SHOWN THAT HOSTILITY FREQUENTLY IS THE MAJOR COMPONENT OF THE RAPIST'S MOTIVATION, THE BELIEF THAT RAPE IS PRINCIPALLY A SEX CRIME PREVAILS, LEADING TO THE SUPPOSITION THAT THERE MAY ACTUALLY BE SOME ENJOYMENT ON THE PART OF THE VICTIM. SUCH ATTITUDES ARE INSTRUMENTAL IN DETERMINING THE RESPONSE OF SOCIAL AGENTS WHO DEAL WITH RAPE VICTIMS AND ARE REFLECTED IN THE POLICIES AND PROCEDURES OF THESE AGENTS, IN THE LAW, AND IN THE IMPLEMENTATION OF THE JUDICIAL PROCESS. A NEUTRAL MODEL RAPE LAW DEVELOPED AT THE NEW YORK UNIVERSITY LAW SCHOOL TREATS RAPE LIKE ASSAULT, ELIMINATING THE NEED FOR THREE FORMS OF CORROBORATION (PROOF OF FORCE, PENETRATION, AND A WITNESS TO CONNECT THE DEFENDANT WITH THE CRIME) AND DEFINING THE CRIME IN TERMS OF DEGREE OF SERIOUS INJURY. RECOGNIZING THE PROBLEM OF INSENSITIVE TREATMENT OF RAPE VICTIMS, POLICE DEPARTMENTS, HOSPITALS, AND WOMEN'S GROUPS IN NEW YORK CITY AND ELSEWHERE HAVE SET UP CRISIS AND COUNSELING SERVICES FOR VICTIMS AND TRAINING PROGRAMS FOR PERSONNEL WHO WORK WITH RAPE VICTIMS. A BILL TO ESTABLISH A NATIONAL CLEARINGHOUSE ON RAPE AND TO FUND RESEARCH ON RAPE HAS BEEN INTRODUCED IN CONGRESS. MAJOR AREAS IN WHICH RAPE RESEARCH IS NEEDED INCLUDE STANDARDIZATION OF THE DEFINITION OF RAPE AND IMPROVEMENT OF RAPE STATISTICS.