Sociology of Rape

Department of Sociology and Anthropology
UMD

POLICE AND RAPE

1970S ANALYSIS OF POLICE

PIVOTAL DECADE; PRIOR TO 1970 NOT MUCH RESEARCH INTO HOW POLICE REALLY PROCESS RAPE CASES; WITH THE NOTABLE EXCEPTION OF BLACK OFFENDER-WHITE VICTIM CASES

CONSISTENTLY STUDIES FOUND: [E.G. NATALIE JAFFE, (1983)]

SECOND RAPE;
MASSIVE INSENSITIVITY TO RAPE VICTIMS (ENTIRE SYSTEM)
POLICE BEHAVIOR BELITTLING AND UNSYMPATHETIC; "NO WONDER YOU GOT RAPED, LOOK WHAT YOU HAVE ON"; OFTEN VICTIMS REQUESTED TO TAKE POLYGRAPH TEST
SHOWED GREAT INTEREST IN DETAILS OF RAPE AND VICTIM'S PAST SEXUAL HISTORY;
EXTRALEGAL CHARACTERISTICS INFLUENCE POLICE

ABOUT 1/3 TO 1/2 OF REPORTED RAPES RESULT IN ARREST; AND 10% - 20% IN CONVICTION

POLICE TEND TO WORK HARD ON CASES THEY BELIEVE ARE RAPE &; WHERE ARREST AND CONVICTION SEEM LIKELY

CURRENTLY ABOUT 8% OF REPORTED RAPES ARE "UNFOUNDED"; (CASE IS BASELESS, ERRONEOUS, INVALID, OR FRIVOLOUS

FOR A CASE TO MOVE FORWARD THERE SHOULD BE "PROBABLE CAUSE,"

"THE EXISTENCE OF CIRCUMSTANCES THAT WOULD LEAD A REASONABLY PRUDENT PERSON TO BELIEVE THAT THE ACCUSED PERSON COMMITTED THE CRIME CHARGED." (STATSKY, 1985:604)

LACK OF PROBABLE CAUSE LEADS TO UNFOUNDING, DECIDING PROBABLE CAUSE RESTS OFTEN ON POLICE DISCRETION (THINK HOW TRADITIONAL SOCIALIZATION, RAPE MYTHS, AND RAPE CULTURE COULD INFLUENCE DISCRETION)

FACTORS LEADING TO UNFOUNDING

VICTIM WAS DRINKING
DELAY IN REPORTING
NO OTHER OBVIOUS INJURIES
REFUSES MEDICAL EXAM
DATE OR ACQUAINTANCE
TOO CALM, TOO UPSET, TOO EMBARRASSED TO COOPERATE
PROBLEMS WITH DRESS OR BEHAVIOR

WHEN SEX CRIME UNITS ARE INVOLVED THE UNFOUNDING RATE DROPS; NYC ABOUT 2%

IN 1980, FELDMAN-SUMMERS & PLAMER INTERVIEWED POLICE, PROSECUTORS, AND JUDGES ABOUT ATTITUDES TOWARDS RAPE

FOUND BELIEFS HELD BY POLICE (AND COURT OFFICIALS) PUT BLAME AND RESPONSIBILITY FOR THE CAUSE OF RAPE AND ITS PREVENTION ON THE VICTIM

IT IS ASSUMED THAT MOST UNREPORTED RAPES ARE UNREPORTED BECAUSE OF THE SECOND RAPE (COMMON KNOWLEDGE OF WHAT HAPPENS TO RAPE VICTIMS THINK ABOUT "CAPE FEAR," THE VICTIM WHO REFUSED TO REPORT)

MUCH OF THE INFORMATION WRITTEN ABOUT POLICE AND RAPE DURING THE 1970S WAS BASED ON ANTIDOTAL ACCOUNTS

LeDOUX AND HAZELWOOD (1985; 1987) CONDUCTED NATIONWIDE STUDY OF 2170 COUNTY AND CITY OFFICERS

NOT TYPICALLY INSENSITIVE;
MOST OFFICERS SAW RAPE AS A VERY SERIOUS CRIME
HOWEVER, SUSPICIOUS OF SOME VICTIMS: WHEN.....
- TOOK PART IN CONSENSUAL SEX WITH ASSAILANT ON OTHER OCCASIONS
- DRESS OR BEHAVIOR PROBLEMS; PRECIPITATED RAPE
- SOME DID AGREE NICE WOMEN DO NOT GET RAPED AND MOST RAPE CHARGES ARE UNFOUNDED
THE RESEARCHERS BELIEVE MOST CJ PERSONAL ARE NOT TRAINED ENOUGH

THOSE THAT HAVE GONE THROUGH TRAINING SAY THEY NOW SEE THE CRIME DIFFERENTLY

IN EARLY 1980S THE, INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE, INC. (I.A.C.P.) DEVELOPED TRAINING GUIDE LINES FOR INVESTIGATION

MOST ARE TRAINED FROM 2 TO 20 HOURS

FIRST RAPE UNIT FOUNDED IN NYC IN JANUARY 1973; RAPE ANALYSIS AND INVESTIGATION SECTION; ALL WOMEN

VICTIMS MORE WILLING TO TALK AND DISCUSS DETAILS; RESULTING IN FEWER UNFOUNDED CASES

AREAS WITH LOW RAPE RATES HAVE SEX OFFENSE UNITS; COVERS ALL SEX CRIMES

SPECIALIZED UNITS BRING HIGH HOPES AND EXPECTATIONS:

MORE REPORTING
LIMITING PSYCHOLOGICAL TRAUMA
SMOOTHER PATH THROUGH CJ SYSTEM
MORE CONVICTIONS

MANY BELIEVE MEN SHOULD BE PART OF SEX ANALYSIS UNITS

LACK OF MALES CAN:

BUILD RESENTMENT AMONG OFFICERS;
CREATE "FEMALE GHETTO" LIKE JUVENILE DIVISION
HAVING WELL TRAINED AND SENSITIVE MALES CAN SHOW VICTIM NOT ALL MALES ARE OFFENDERS, HELPING WITH RECOVERY

MOST OF THE TIME VICTIMS DO NOT SHOW A PREFERENCE FOR A MALE OR FEMALE INVESTIGATOR; BUT WHEN THEY DO, THEY WANT WOMEN OFFICERS

LeFREE, RAPE AND CRIMINAL JUSTICE
- 37.2% RESULTED IN ARREST
- 17.4% FILED AS CRIMINAL FELONIES
- 11.8% PLEAD GUILTY OR CONVICTED
- 4.8% WENT TO PRISON
VICTIM'S DEFINITION OF RAPE IN MANY WAYS SAME AS POLICE; WHAT CONSTITUTES REAL RAPE

RAPE TENDS TO BE REPORTED BY SOMEONE ELSE, NOT VICTIM; 3RD PERSON
(MORE TRUE FOR THOSE UNDER 17)

"THIRD PARTIES" AT LEAST THREE DEFINITIONS OF RAPE AT WORK; THE VICTIM, THE THIRD PARTY, THE POLICE

"BEFORE THE VICTIM CAN CONVINCE OTHERS THAT SHE HAS BEEN RAPED, SHE MUST CONVINCE HERSELF."

PART OF THE LOW REPORT RATES IS A RESULT OF VICTIMS DEFINITION AND PERCEIVED DEFINITIONS OF OTHERS

POLICE DISCRETION,
THE AUTHORITY TO CHOOSE AMONG ALTERNATIVE ACTIONS

IMPORTANCE TO DEPARTMENT (DISCRETION) 1 OFFICER TO INVESTIGATE 357 RAPE CASES;
6 OFFICERS TO INVESTIGATE 50 MURDERS

SEX OFFENSE UNIT CREATE AFTER 1973; 4 FEMALE OFFICERS AND 2 MALES;

REASONS FOR UNFOUNDING
- MORAL CHARACTER OR CONDUCT
  (70.9%)
- LACK OF COOPERATION BY VICTIM
  (20%)
- TECHNICAL REASONS
  (9.1%)
CASES CLASSIFIED AS VICTIM NONCONFORMITY DID NOT RESULT IN ARREST (PG. 76) SOME CASES MOVE ON IN SYSTEM BUT DON'T INDICATE NONCONFORMITY

CRIMES CONSIDERED MORE SERIOUS WHEN:
1. SEXUAL PENETRATION AND WEAPON
2. BLACK OFFENDER-WHITE VICTIM
3. VICTIM WILLING TO PROSECUTE
4. VICTIM LESS THAN 18
SERIOUS OFFENSES FILED AS FELONIES
MORE THAN ONE OFFENDER "LESS LIKELY TO BE FILED AS FELONIES."

DATE RAPES NOT FILED AS FELONIES

FINDINGS RELATED TO BEFORE AND AFTER SEX OFFENSE UNIT:

NOT A GREAT DEAL OF DIFFERENCE; FEWER UNFOUNDED BUT MORE INACTIVE

MAIN FOCUS FOR POLICE GENERALLY:
1. HOW DO YOU BUILD A GOOD CASE?
  VICTIM INTERVIEW
  FIND WITNESSES
  COLLECT PHYSICAL EVIDENCE -- CHAIN OF EVIDENCE
2. CONCERN WITH CLEARANCE RATES
  ARREST OR IN PRISON OR UNFOUNDED
3. MAINTAINING PEACE; CRIME CONTROL
  TIME MANAGEMENT; CONTROL OF RESOURCES; NEED FOR GENERAL TRAINING RATHER THAN SPECIFIC TRAINING
4. TIME WELL SPENT? WILL THERE LIKELY BE A PROSECUTION? TIME BETTER SPENT ON CASES THAT CAN BE WON...
  
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  Copyright: © 2001, John Hamlin
  Last Modified: Thursday, 13-Apr-2006 06:20:23 CDT
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Sociology of Rape

Department of Sociology and Anthropology UMD POLICE AND RAPE

Department of Sociology and Anthropology
UMD

POLICE AND RAPE