NCJ Number
143257
Journal
St. John's Law Review Volume: 66 Issue: 4 Dated: (Fall-Winter 1993) Pages: 979-1045
Date Published
1993
Length
67 pages
Annotation
This article discusses public knowledge about rape, rape victims, and rape offenders, as well as the current extent of knowledge about rape exhibited by the courts; ways in which rape trials can be made more humane for the plaintiff without undermining defendants' rights are recommended.
Abstract
The article discusses in detail myths and facts about rape. Some of the topics covered include stranger and acquaintance rape statistics, types of rape, physical injuries, ages of victims and prevalence of rape, appearance of the victims, characteristics of victims and rapists, where rape occurs, rape planning and fantasies, and the use of alcohol. Prompt complaint after the rape may be influenced by fear of retaliation, fear of being disbelieved, fear of losing one's privacy, and denial or suppression. Victim impact is discussed in terms of stranger and acquaintance rape, marital rape, and duration of rape trauma. Findings of various tasks forces studying gender bias in the courts are summarized, with an emphasis on juror bias and acquaintance rape. Suggestions to courts to enhance the fairness of rape trials include, inter alia, emphasizing the seriousness of acquaintance and marital rape, encouraging the establishment of police department specialized sex crimes units, pursuing an accelerated trial schedule in rape cases, minimizing use of the victim's name, enforcing rape shield statutes consistently, permitting expert testimony to explain victims' reaction to rape, and encouraging victim impact statements.