The Pros And Cons Of Rape In Criminal Case

An American is sexually assaulted every 98 seconds, and every 8 minutes, that victim is a child. Only 310 out of 1,000 assaults are reported, but only 6 out of 1,000 perpetrators end up in prison (RAINN). Although sexual assault is egregious, these perpetrators are less likely to end up in prison than other criminals. The reason that is seems to be that victims do not report their cases. So why are sexual assault victims afraid to share their stories? Victims often do not report their assault because of many reasons, including the fear of reprisal, the belief that the police could not and would not do anything about the case, or because they simply did not know how to approach an official.

“Rape is unique. No other violent crime is so fraught with controversy, so enmeshed in dispute and in the politics of gender and sexuality… And within the domain of rape, the most highly charged area of debate concerns the issue of false allegations. For centuries, it has been asserted and assumed that women “cry rape,” that a large proportion of rape allegations are maliciously concocted for purposes of revenge or other motives.”

Laws, policies, rules, and standards have been put in place to regulate the behaviors of all individuals and keep everyone safe. When those laws or policies are not followed, people’s safety become jeopardized, peoples’ rights get violated, and individuals become victims and criminals. Every state has its own laws concerning different types of crimes. Each state has a different sentencing system in place for people who break the laws. Aside from state laws, there are also federal laws that can deal with criminals that break the laws on a federal level. There are many resources available to victims that can help them with physical, emotional, and psychological issues that may arise after being victimized.

There can be changes in how the criminal justices process deals with rape victims; first, train all criminal justice agency professionals on the traumatic and disturbing effects of rape on the lives of its victims. Compassion for the rights of victims often leads to a more convictions and seek longer sentences. If the experience of victims in the criminal justice process is to be improved, there have to be a better understanding of the impact of victimization and of the need to treat victims of crime with courtesy, compassion, dignity, and sensitivity. There must be continual progress in raising awareness and expanding information services and assistance to victims of crime.

Rape is one of the most widespread and ubiquitous violent crimes facing America, making laws regarding rape and the judicial processing of rape increasingly important. The judicial process itself deters both rape reports and rape convictions. Not only does the judicial processing or rape cases itself deter reports and convictions, but it also has a negative impact on the moral and mental well being of the victims who decide to pursue their cases.

Sexual assault and the Massachusetts Department of Public works with local rape crisis centers to gather statistical data so we can assess and know the facts and realities of rape in Massachusetts. While statistics do not tell the whole story of sexual assault, they can help us paint a picture of the problem. The forensic nurse has an integral part of this specific population’s victimization. A forensic nurse should have a basic knowledge of the type of offender the rapist can be. As a certified sexual assault investigator for Middlesex County I have investigated, collected evidence, arrested, testified and successfully aided in the prosecution and conviction of rapists. I will explore the definition of rape and criminal statutes related to the crime of rape, rape trauma syndrome, and some of the drugs a perpetrator uses to assist in commission of this crime and how the FN and the police share a different but equal role in prosecuting the offender.

“Did you know that every 98 seconds, an American is being sexually assaulted?”(vaglanos) Sexual assault against every person has come to the concern of our human rights. It is despairing to say that people all over the world deal with these situations or at least know somebody that has. Sexual assault can happen to anyone at anytime,and for the longest time horrific events such as rape and nonconsensual sex have been part of a high crime rate.

It isn’t a family, it’s a felony. Parents who are in custody battles use cases of abuse and neglect to win, so why are rape custody cases so different? There are 19 states that automatically terminate parental rights to attackers that impregnated woman through rape. But what happens if your attacker wasn’t convicted? What if he was found not guilty? Then you have to provide “clear and convincing evidence” that the child was conceived through rape. Does that even make sense? Shouldn’t it be common sense to take away any sort of right to seeing the child if he/she was conceived through forced sex? Things like this make it that much harder for victims to come forward about their assault.

“They are all innocent until proven guilty. But not me. I am a liar until I am proven honest.” Louise O’Neill. Rape has become a widely recognized issue in recent decades, however, an estimated 63 percent of assaults are never reported to the police. Differences in 1930’s issues compared to present day include: false rape accusations centered around racial prejudice, but now skirt the main issue of rape itself; victims still face many obstacles but now feel more supported; development of rape kits helped solve many suits but make survivors wearisome; and today’s trials are not based on accusations, but are based on evidence.

In the case of a crime assault and suspicion of rape of a 14 year-old girl; Jones, Walsh and Bert were arrested. During the investigation, the police obtain statement from a man name Bland providing additional information that suspect Jones was involved in three separate assaults and rapes of juveniles over three days. The prosecution filed charges against Jones, Walsh and Bert for their involvement in the crime. The suspect, Bert then hired an attorney to defend him and explains to his lawyer that he did not participate in any acts of raping these girls and that he was only present one time with Jones and all he did was hit one of the girls. Bert also goes on to say that he can prove this because at the times the other rapes are alleged to have occurred, he was with Mook, who is currently out of the country on a mountain climbing trip and will not return for 2 months. Bland also contacts the prosecutor’s office and provides a written statement to the prosecutor that Walsh was not present during any of the rapes. (Case Study, n.d.)

In addition, I think that the concept of deciding what someone deserves is very much a slippery slope. To say that someone deserves what they did to someone else is difficult because if a rapist rapes, then the question of what they deserve arises, this is unjust and no one should be able to have the power to decide exactly what they deserve. This system would be much better run if the court simply made the rapist pay restitution as equally as possible. Restitution is the only logical answer in this case, because retaliating and causing harm to this person will provide more entertainment for others than actually punish this person. Making this person pay a debt to the victim and their families will serve as a better punishment, because they

Rape is a crime that Americans hear very little about, yet everyone knows that such acts occur frequently. Rape is a very personal form of violence that continuously impacts the victim for years after it occurs, if not for the rest of the victim’s life. The effects of rape, short-term and long-term, can be catastrophic for the victim, causing them physical and psychological damage (Gluck, 2016). I believe that by using the Rational Choice Theory, rape can be eliminated in today’s society by the use of castration as a punishment for offenders and as a deterrence for possible future offenders.

Problems With Rape Trials * It is proposed to replace the current s.38 of the Crimes Act

National Institute of Justice: Rape and Sexual Violence: A brief overview of rape, sexual violence, and what victims can do to stay informed about their legal options.

Rape also known as sexual assault is having sexual intercourse or any form of sexual penetration against a person’s will or consent. It could be carried out by coercion, the use of physical power or abuse of authority. It is an act many societies, if not all discourage, and attracts different form of punishment in different geographical locations. There are many consequences of rape; some people suffer from depression, Post-Traumatic Stress Disorder, Suicidal tendencies, and Anxiety Disorder. It was not a surprise when the Mr. Cosby’s alleged case of rapes were waved and flooded to the entire media channels in the USA and other countries. Majority of people can recall number of such cases where some prominent African – Americans were sued