COURTS & RAPE

COURTS ARE AN ADVERSARIAL ARENA

PROCESS:

1. INCIDENT
2. POLICE INVESTIGATION - INCIDENT REPORT
3. FOLLOW UP INVESTIGATION
4. GOES TO GRAND JURY; PRELIMINARY HEARING OR SOME COMBINATION
5. INFORMATION OR INDICTMENT
6. MORE RAPE CASES DISMISSED AT PRELIMINARY HEARINGS THAN GRAND JURY
7. SHIELD LAWS DON'T ALWAYS COUNT IN PRELIMINARY HEARINGS OR AT PRETRIAL CONFERENCE
8. DISCOVERY
9. THE TRIAL
10. CHARGING THE JURY
11. DETERMINATION OF GUILT OR INNOCENCE

THE SYSTEM IS ALSO SET UP TO PROTECT THE ACCUSED AGAINST FALSE CHARGES, WRONGFUL CONVICTIONS, AND THE POWER OF THE STATE

IN RAPE CASES THIS HAS MEANT THE VICTIM MUST OFTEN BE ON TRIAL;

• LACK OF COLLABORATION

• LACK OF REAL PHYSICAL EVIDENCE

• LACK OF SIGNS OF SEX (SEMEN)

MAKES PROCESSING DIFFICULT

ESSENTIAL ASPECTS OF CASE INCLUDE

FORCE OR THREAT OF FORCE

LACK OF CONSENT

WHY ARE CASES SO APPARENTLY LOPSIDED AGAINST WOMEN?

• A. RIGHTS OF THE ACCUSED
  
  
• B. CULTURALLY WE SUSPECT WOMEN;
• MYTHS, PROVOCATEURS, WOMEN LIE;

1985 CATHLEEN WEBB CONFESSED THAT SHE LIED ABOUT GARY DOTSON RAPING HER TO HIDE A TEENAGE PREGNANCY, AFRAID OF PARENTS, HE SPENT 6 YEARS IN PRISON;

SHE WROTE A BOOK;

IN 1990 ELIZABETH IRENE RICHARDSON ADMITTED IN A NEBRASKA COURT SHE LIED ABOUT BEING RAPED TO GET HER HUSBANDS ATTENTION

1996 DALLAS COWBOYS

THIS HAPPENS OFTEN ENOUGH FOR MEN TO RESIST REAL CHANGES IN PROSECUTING RAPE CASES

ABOUT 1991, 48 STATES AND THE FEDERAL GOVERNMENT HAD RAPE SHIELD LAWS
NOW, ALL 50 STATES HAVE SHIELD LAWS

CAN'T BE QUESTIONED ABOUT SEXUAL HISTORY, UNLESS IT HAS DIRECT RELEVANCE ON THE CASE

IN SOME STATES THIS IS STRICT, IN SOME STATES THIS IS LENIENT

EXCEPTIONS CENTER AROUND:

1. IS ISSUE CONSENT AND PRIOR SEXUAL RELATIONS
   
   
2. DEFENDANT NOT SOURCE OF THE SEXUAL CONTACT (NOT HIS SEMEN, DIDN'T CAUSE VENEREAL DISEASE, ETC.)
   
   
3. ATTACKS CREDIBILITY OF VICTIM'S TESTIMONY (PARTICULARLY CONCERNING PRIOR SEXUAL HISTORY)
   
   
4. Idaho Law
   
   

SUCCESSFUL RAPE CASES:

TRADITIONALLY IT HAS BEEN IMPORTANT TO HAVE

"CORROBORATION" THAT A RAPE TOOK PLACE; THIRD-PARTY

POLICE EVIDENCE

MEDICAL REPORT

WITNESSES

WHAT DOES ONE LOOK FOR:

IS THE ACCUSED ACTUALLY THE PERSON

DID SEXUAL PENETRATION TAKE PLACE

WAS FORCE PRESENT AND CONSENT ABSENT

CORROBORATION IS NOT REQUIRED IN MOST STATES ANYMORE, ALTHOUGH IT MAKES THE CASE,

VICTIMS HAVE TO RECOUNT INTIMATE DETAILS OF THE ACT FOR TESTIMONY TO BE BELIEVED; TO POLICE (MORE THAN ONCE) PROSECUTING ATTORNEY, AND DEFENSE ATTORNEY AT TRIAL

PROVING PENETRATION TOOK PLACE OFTEN REQUIRES DOCTORS TESTIMONY ABOUT:

STATE AND NATURE OF THE SEXUAL ORGANS, TEARS, BRUISES, ANY SIGN OF FORCED INTERCOURSE, PRESENCE OF SEMEN, PUBIC HAIRS, ETC.

MAY ALSO MEAN SHOWING OF EVIDENCE OF SEMEN OR TEARS IN THE VICTIMS CLOTHING; DISPLAYING OF VICTIMS UNDERWEAR

IMAGINE WHAT A VICTIM GOES THROUGH

PROSECUTION/CONVICTIONS HAVE NOT SHOT UP,

SENTENCES HAVE GONE DOWN,

PLEAS TO LESSOR CRIMES HAVE GONE UP (WHERE SEXUAL ASSAULT LAWS ARE IN PLACE)

CRITICS OF COURT PROCESSING MAINTAIN THAT PROSECUTING CASES HAS NOT GOTTEN ANY EASIER;