NCJ Number
45500
Date Published
1977
Length
32 pages
Annotation
PARALLELS ARE DRAWN BETWEEN THE CRIMES OF RAPE AND WIFE BEATING, IN SOCIAL RESPONSE TO THE CRIME, CULTURAL STEREOTYPES OF TE VICTIMS, REACTIONS OF VICTIMS, AND THEIR TREATMENT BY LAW ENFORCEMENT OFFICIALS.
Abstract
THE MOST OBVIOUS COMMON POINTS OF RAPE AND BATTERING ARE THAT: (1) BOTH ARE PHYSICAL ACTS OF VIOLENCE AGAINST THE PERSON; (2) IN THE VAST MAJORITY OF CASES THEY ARE PERPETRATED BY MEN AGAINST WOMEN; (3) BOTH ARE EXTREMELY UNDERREPORTED TO LAW ENFORCEMENT AGENCIES; (4) BOTH ARE HEAVILY SCREENED OUT OF THE JUDICIAL SYSTEM; AND (5) THE VERY SMALL PROPORTION WHICH DO REACH ADJUDICATION RESULT IN LOW RATES OF CONVICTION. IN ADDITION, PERPETRATORS OF THESE CRIMES ARE MOST LIKELY TO REPEAT, FOLLOWING ONLY AFTER BURGLARY, ROBBERY, AND MOTOR VEHICLE THEFT. FIVE FREQUENTLY CITED MYTHS ABOUT RAPE AND BATTERING ARE CONSIDERED: PSYCHOPATHOLOGY OF THE VICTIM, PROVOCATION BY THE VICTIM, HIDDEN REASONS FOR REPORTING THE CRIME, LACK OF REAL DESIRE TO SEE THE OFFENDER PROSECUTED, AND RESTRICTION OF THE PROBLEM TO THE LOWER CLASSES. WRITERS, RESEARCHERS, AND EVEN SOCIAL WORKERS FREQUENTLY OPERATE ON THE UNDERLYING ASSUMPTION OF A WOMAN'S BASIC MASOCHISM -- THE STEREOTYPE THAT 'A LOT OF THEM LIKE IT.' THIS CONCEPT AFFECTS THE WAY VICTIMS VIEW THEIR OWN SITUATION AND THE WAY THEY ARE VIEWED BY THE PERSONS TO WHOM THEY MAY TURN FOR HELP. THE EMERGING CONCEPT OF VICTIM PRECIPITATION IS A REFLECTION OF SOCIETY'S TENDENCY TO BLAME THE FEMALE VICTIM OF RAPE OR BATTERING. IN THE PROSECUTION OF ASSAULTS, A WOMAN IS REQUIRED TO PROVE HERSELF A 'WORTHY VICTIM,' THAT IS, SHE MUST PROVE THAT SHE DID NOTHING TO PROVOKE THE ASSAULT. NO SUCH PROOF IS REQUIRED OF A ROBBERY VICTIM. ONE RESULT IS THAT MANY WOMEN ASSUME THE CULTURALLY ASSIGNED GUILT AND FEEL REMORSE FOR THE CRIME OF WHICH THEY WERE THE VICTIM. OFTEN WHEN A WOMAN REPORTS AN ASSAULT, HER CREDIBILITY IS CALLED INTO QUESTION. AUTHORITIES SEEK HIDDEN REASONS FOR HER REPORT -- SHE CONSENTED BUT WAS LATER ASHAMED, SHE GOT PREGNANT, SHE WANTED REVENGE ON THE ACCUSED. LAW ENFORCEMENT OFFICIALS OFTEN BLAME THE VICTIM FOR THE LOW CONVICTION RATE FOR RAPE AND BATTERING, ALTHOUGH WOMEN FACE SYSTEMIC BUILT-IN BIAS FROM THE VERY BEGINNING OF LEGAL PROCESSING. FINALLY, THE STEREOTYPICAL VIEW OF RAPE AND BATTERING AS LOWER-CLASS CRIMES IS REFUTED BY MANY STUDIES SHOWING A HIGH INCIDENCE OF SUCH ASSAULTS AMONG MIDDLE-AND UPPER-CLASS FAMILIES. LOWER-CLASS VIOLENCE IS SIMPLY MORE VISIBLE, AS THE MORE AFFLUENT HAVE ACCESS TO PRIVATE COUNSELING AND SHELTERS. NOTES AND REFERENCES ARE PROVIDED. (VA)