NCJ Number
48850
Date Published
1978
Length
26 pages
Annotation
ATTITUDES TOWARD VICTIMS OF RAPE AND WIFE BEATING ARE DISCUSSED AS THEY AFFECT LAW AND THE CRIMINAL JUSTICE SYSTEM. CONSEQUENCES FOR THE VICTIMS ARE DISCUSSED, AND REFORMS IN PROGRESS ARE MENTIONED.
Abstract
ALTHOUGH RAPE IS PERHAPS THE FASTEST GROWING VIOLENT CRIME, THE CRIMINAL JUSTICE SYSTEM IS NOT EFFECTIVE IN DEALING WITH IT. ACCORDING TO FEDERAL BUREAU OF INVESTIGATION STATISTICS, THE OFFENDER IS APPREHENDED IN ONLY ONE-HALF OF THE CASES, AND CONVICTED IN ONLY 69 PERCENT OF THE CASES THAT MAKE IT TO THE COURT. KALVEN AND ZEISEL'S 1966 STUDY OF AMERICAN JURIES OFFERS SOME EVIDENCE EXPLAINING THE LOW RATE OF CONVICTIONS. JURIES ARE MORE APT THAN JUDGES TO ACQUIT AN ACCUSED RAPIST, AND THEY TEND TO CONSIDER RAPE AN ACCIDENTAL CRIME RESULTING FROM IMPRUDENT BEHAVIOR ON THE PART OF THE VICTIM. PRESUMPTIONS ABOUT FEMALE BEHAVIOR ON THE PART OF THE JURY OR JUDGE, OFTEN INFLUENCING DECISIONS, RELATE TO A BELIEF THAT THE VICTIM LIED, DESERVED IT, OR LIKED IT. STATEMENTS BY VARIOUS JUDGES ARE CITED WHICH INDICATE THESE BIASES. THE CAUTIONARY INSTRUCTION USED IN MOST STATES BEFORE THE 1970'S AND THE CORROBORATION REQUIREMENTS OF MOST COURTS FOR OBTAINING CONVICTIONS UNTIL THE EARLY 1970'S ARE BASED ON THESE PRESUMPTIONS. TWO FACTORS CONTRIBUTING TO THE LOW RATE OF RAPE CONVICTIONS ARE THE DIFFICULTY IN PROVING RESISTANCE, EXCEPT WHEN BODILY INJURY IS APPARENT, AND THE ADMITTANCE OF THE SEXUAL HISTORY OF THE VICTIM AS EVIDENCE, WHICH IN THE PAST HAS OFTEN SERVED TO DISCREDIT THE CREDIBILITY OF THE PLAINTIFF. REFORMS AND RECOMMENDATIONS FOR REFORMS OF THE RAPE LAW ARE DISCUSSED, WHICH WOULD HELP TO ELIMINATE THE BIASES THAT PRESUME CONSENT ON THE PART OF THE WOMAN. BATTERED WOMEN APPEARING IN COURT AS COMPLAINANTS IN WIFE ABUSE CASES OFTEN MEET WITH THE SAME ATTITUDES AS RAPE VICTIMS. AN ADDITIONAL PROBLEM IS THAT SOCIETY SEEMS TO ACCEPT MORE AGGRESSION BETWEEN FAMILY MEMBERS THAN BETWEEN UNRELATED PERSONS. EXAMPLES OF THIS ATTITUDE ON THE PART OF JUDGES IN CRIMINAL COURTS ARE PRESENTED. MANY BATTERED WIVES AND WOMEN APPLY TO CIVIL COURT FOR PROTECTION ORDERS, BUT THE APPROACH IS SELDOM SUCCESSFUL. THIS IS TRUE FOR A NUMBER OF REASONS: MOST STATES ALLOW A PROTECTIVE ORDER ONLY AFTER DIVORCE HAS BEEN FILED FOR; MANY WOMEN CANNOT AFFORD THE EXPENSE OF AN ATTORNEY NECESSARY TO FILE FOR SUCH AN ORDER; POLICE FREQUENTLY DO NOT ENFORCE THESE PROTECTIVE ORDERS; AND A MAN BROUGHT TO COURT FOR VIOLATION OF A PROTECTIVE ORDER IS SELDOM SENTENCED TO JAIL. SOME BATTERED WIVES ENDURE ABUSE FOR YEARS FOR RELIGIOUS REASONS, FOR ECONOMICAL REASONS, OR IN ORDER TO HOLD THE FAMILY TOGETHER, AND WHEN THEY DO GO TO COURT, THEY RECEIVE LITTLE ASSISTANCE. WOMEN WHO RESORT TO VIOLENCE TO PROTECT THEMSELVES FROM BEATINGS AND SEXUAL ASSAULT HAVE HAD SOME SUCCESS IN WINNING COURT CASES. EXAMPLES ARE PRESENTED. TWENTY-NINE STATES HAVE PROPOSED OR PASSED LEGISLATION TO AID ABUSED WIVES. PROVISIONS FOR SHELTERS AND COMPREHENSIVE SUPPORT SERVICES, SPECIAL POLICE TRAINING, MANDATED RECORDKEEPING OF DATA ON ABUSE, AND IMPROVED PROTECTIVE ORDERS ARE INCLUDED IN MOST. BIBLIOGRAPHIC NOTES ARE PROVIDED. (DAG)