Having the Last Word: An Examination of Rape Survivors' Participation in Sentencing

• NCJ Number: 182265
• Journal: Violence Against Women Volume: 6 Issue: 4 Dated: April 2000 Pages: 351-395
• Author(s): Amanda Konradi; Tina Burger
• Date Published: April 2000
• Length: 45 pages
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

This interview-based study focuses on rape survivors' talk about their participation in the sentencing phase of the criminal justice process.

Abstract

A literature review examines victims' rights research and feminist research. The study itself identifies the variety of ways that 34 rape survivors and 3 survivors of attempted rape, whose assailants were convicted by plea and by trial, participated in the sentencing phase of the criminal justice process. This is a subset of a larger sample of rape survivors (n=58) who were interviewed about their involvement in the prosecution of their assailants. The rape survivors reported four kinds of motivation to participate in sentencing: (1) to influence what sentence their assailant received; (2) to engage the criminal justice process, including expressing ownership of the dispute claimed by the state; (3) to reduce the imbalance of power with the defendant; and (4) to resolve emotional aspects of the rape experience not specific to the assailant. A majority of rape survivors were motivated by multiple factors as they attended and spoke at sentencing hearings and wrote the court. The study found that participation in sentencing was related to prior involvement in the criminal justice process. Both success and failure to meet specific goals/desires shaped how rape survivors directed their behavior. The study confirms Villmoare and Neto's (1987) report that the marital status and educational level of crime victims are not predictive of participation in sentencing; however, unlike Villmoare and Neto's study, this study suggests that rape survivors' age and race/ethnicity may be important factors in shaping sentencing behavior, as they relate to survivors' prior experience in prosecution. No woman of color in the study exercised her right to speak, and only one woman less than 29 years old did so. Policy implications for the findings are discussed. 20 notes and 85 references