NCJ Number
59768
Journal
International Annals of Criminology Volume: 17 Issue: 1 & 2 Dated: (1978) Pages: 103-115
Date Published
1978
Length
13 pages
Annotation
RAPE VICTIMIZATION STUDIES SUGGEST THAT CRIMINAL LAW CAN INTERVENE IN SUCH INCIDENTS ONLY WITH GREAT CAUTION, AND SUGGEST THAT CHANGING PATTERNS OF SOCIAL LIFE WILL LEAD TO INCREASING ERRORS IN RAPE PROSECUTIONS.
Abstract
THE THREE TRENDS OF THE INCREASE IN REPORTED CRIMES OF RAPE, THE WORK OF WOMEN'S ORGANIZATIONS IN ASSISTING RAPE VICTIMS, AND THE COMPLAINTS OF THE INEFFECTIVENESS OF THE CRIMINAL LAW ARE RELATED TO EACH OTHER AND REPRESENT A SHIFT IN CULTURE AND MORES TO WHICH THE LAW MUST ADJUST. RAPE IS VIRTUALLY THE ONLY CRIME IN WHICH THE MENTAL STATE OF THE OFFENDER AND THE VICTIM ARE EQUALLY IMPORTANT IN DECIDING NOT ONLY WHAT SORT OF OFFENSE HAS OCCURRED BUT ALSO WHETHER A CRIME HAS BEEN COMMITTED AT ALL. THERE ARE MANY GRADATIONS OF OFFENSE, VARYING ACCORDING TO THE INJURY THAT OCCURRED, AND THE EXISTENCE OF CONSENT. VIOLENCE IS EMPHATICALLY NOT AN ESSENTIAL ELEMENT OF THE OFFENSE, BUT WITHOUT INJURY THE PROSECUTRIX MAY BE UNABLE TO CORROBORATE HER TESTIMONY. STUDIES OF THE ATTITUDES OF CONVICTED RAPISTS, VICTIMS, AND QUESTIONNAIRE RESPONDENTS INDICATE THAT VARYING CULTURAL PATTERNS CONFUSE THE LEGAL ISSUE OF CONSENT. THE COMMUNICATIONS THAT MAY INDICATE CONSENT TO A POTENTIAL ASSAILANT MAY NOT IMPLY CONSENT FROM THE VICTIM'S PERSPECTIVE. ALTHOUGH THE WOMAN WHO HAS BEEN FORCED OR CAJOLED INTO INTERCOURSE AGAINST HER WILL FEELS THAT SHE HAS AND PROBABLY HAS BEEN RAPED, REGARDLESS OF THE INTENT OF THE ASSAILANT, CRIMINAL LAW WILL NOT EXCLUDE CONSIDERATION OF THE MAN'S BELIEF. SUGGESTED REFORMS FROM SEVERAL COUNTRIES INCLUDE THE EXCLUSION OF EVIDENCE OF THE VICTIM'S PREVIOUS BEHAVIOR, AND SENTENCING SHOULD VARY ACCORDING TO THE BEHAVIOR OF BOTH PARTIES. TABULAR DATA AND REFERENCES ARE PROVIDED. (TWK)