Crime Victims: An Introduction to Victimology Sixth Edition

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Crime Victims An Introduction to
VictimologySixth Edition

• By Andrew Karmen
• Chapter Ten
• Victims of Rapes and Other Sexual Assaults

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Victims of Sexual Assault

• Pro-victim and anti-rape movement of 70s exposed
  ongoing injustice, abuse and systematic neglect
• Women fail to report for many reasons
• CJ system mainly men and more concerned with
  relationship prior to the rape than the violence
  caused by the rape
• Advocates claim rape is about power and
  controlnot love or passion

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Victims of Sexual Assault

• RAPELatin rapere taken by force
• Common Law Rapeunlawful carnal knowledge
  committed by man against womannot his wife
• Forcible RapeVictim fears harm if they do not
  comply. Lack of consent is key factor.
• Aggravated RapeMore than one assailant and use
  of weapon and injuries.
• Statutory RapeConsensual with minor.

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Victims of Sexual Assault

• Real Rapes (Ideal Rapes) vs. Date Rapes
• Real Rapes defined as without question or doubt.
  Elements consist of
• Unsuspecting female, complete stranger, victim is
  a virgin and virtuous, very young, fights back,
  struggles and suffers injuries, involved in
  wholesome activity when occurred, when
  escapesreports directly to police.
• Forensic evidence found
• These cases treated with dignity and with
  sensitivity by the CJ system.

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Victims of Sexual Assault

• Doubts arise if any of the above missing
• Some argue that if rape preceded by series of
  consensual sexual overtones, her contributory
  behavior makes less serious
• Advocates claim that what counts is that she was
  stripped of control, denied right to make
  decision and compelled to submit to someone
  elses sexual desire
• Legal definition hinges on coercion against
  non-consenting person

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Victims of Sexual Assault

• Contributory Behaviorforced intercourse preceded
  by series of consensual actsless serious
• Acquaintance Rapesexistence of prior
  relationship questions seriousness of act
• Victim Precipitationare some rapes involving
  certain circumstances less serious due to prior
  conduct of the victim?

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Victims of Sexual Assault

• Victim-Blaming Views
• Victim used alcohol or drugs
• Put herself in temptation opportunity situation
• Suggestive and seductive utterings
• Hitchhiking
• Date rape is terrible misunderstanding of what
  she said or meant
• Certain lifestyles precipitate rape

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Victims of Sexual Assault

• Two consequences from acceptance of
  Victim-blaming
• Male less culpable if female shares
  responsibility
• Girls and women must be better educated to
  prevent miscommunication of their desires
• Misleading seductiveness might be taken as
  implied consent

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Victims of Sexual Assault

• Victim-Defending Perspective
• Nothing erotic or suggestive could justify such a
  hostile act
• Using force should not be confused with making
  love or engaging in sex
• Rape is an act of hate and anger, not love or
  lust
• Rape prevention should not just be aimed at
  females

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Victims of Sexual Assault

• Consequences of Sexual Assault
• Rape Crisis Syndrome
• Post Traumatic Stress Disorder
• 2/3 of rapes not completed but still leave
  psychological scarsmay commit suicide

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Incident Prevalence

• UCR vs. NCVSSee Figure 10.1, page 252
• NCVSIn 2004, 36 reported their rape to the
  authorities64 not reported
• Rape trends decreasing since 90s
• Portrait of victims
• Female late teens-early twenties
• Unmarried, low income
• Black, unemployed, resides in large city
• 55 acquaintances, 44 strangers

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Victims of Sexual Assault

• How the Criminal Justice System Handles Rape
  Victims
• The Crime
• Charges Are Pressed Against Defendant
• The Trial
• The Sentence

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Controversy Over Unfounded Accusations

• Rape is unique crimecredibility of victim
• Safeguards must prevent honest mistakes and
  perjury/fraudulent allegations
• Must have corroborative evidencerape kits, DNA,
  lie detector, hospital tests
• 1982 Presidents Task Force ruled all tests for
  victim credibility in rape cases must stop

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Accuser vs. Accused

• 6th Amendment rights to wage a vigorous defense
• New Rape Victim Rights Legislation
• Several Defense Strategies
• Eyewitness error
• Deny it ever happenedattack victim credibility
• It happened but consensualshe changed her mind
  after the event

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Accuser vs. Accused

• Rape Shield Laws
• Force and Resistance
• Reasonableness standarddegree of resistance that
  expresses non-consent can depend on circumstances
• Best Prevention Strategydual response defense
• Calling out for help while simultaneously
  pleading with or threatening the attacker

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Accuser vs. Accused

• Corroborationnot required unless
• Victim is a minor
• Previously intimate with offender
• Did not promptly report crime
• Provides a version of events that is inherently
  improbable and self-contradictory

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Arrest, Prosecution and Adjudication

• 50 not reported
• Reported if weapon used or injuries
• 35 of those charged will have charges dropped
• 3 will be acquitted
• 61 convicted35-prison, 10-jail
• Negotiated plea often justified as it spares
  accuser having to recount the crime

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Rape Crisis Centers

• 24-hour hotline
• Put victim in touch with advocates
• Accompany to hospital/police/prosecutor
• Arrange for counseling
• Trains CJ members
• Public education efforts
• Offers self-defense strategies

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Rediscovery of More Rape Victims

• Wives raped by husbands
• Wife has a right to say no
• Forcible rape of a spouse1st law passed in South
  Dakota, 1975
• 1990 every state provided no immunity if husband
  filed for divorced or separated
• Occurrences not knownlack of reporting

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Rediscovery of More Rape Victims

• Sexually Assaulted Males
• NCVS reported 125,000 male rape victims in
  1973-1982
• 2-3 of reported rapesmale on male
• Prison Rape Reduction Act of 2003
• 13 of inmates raped by males
• Institutions put on notice they must detect,
  prevent and punish rape behind bars

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Reducing the Threat of RapeThree Approaches

1. Blame the victim (popular strategy of pastnot
   today) Encourage females to not precipitate the
   crime through careless, reckless or provocative
   behavior
2. Blame the Offender predators are source of
   problemremove them from society

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Reducing the Threat of RapeThree Approaches

• 3. Sociological approach
• Rape outgrowth of social conditions, cultural
  themes about women as sex objects for sexual
  gratification
• Real problem is patriarchal society
• Deterrence through incarceration teaches men a
  lesson
• Long term strategy is to deal with movies, music,
  magazines encouraging sexual behavior and must
  change attitudes about women

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Key Terms
Carnal Knowledge Statutory Rape
Heiress stealing Ideal types
Implied consent Rape crisis syndrome
Post traumatic stress disorder (PTSD) Series victimizations
Dual verbal defense