Describe how different types of rape are treated differently by both the public and the criminal justice system

Question

What will be an ideal response?

Answer 1

Rape is the only crime where the relationship between victim and offender has a direct correlation to how the crime is treated by the public and the criminal justice process. The ‘ideal type' of rape, where there are few legal questions or moral doubts, is when a stranger rapes an unsuspecting woman. The female victim is engaged in a wholesome activity and is representative of mainstream America. She has fully resisted, the offender had a weapon, and she immediately reported the rape to the police who were able to retrieve sufficient evidence from the crime scene to convict. The victim of the ideal type is treated with full respect and dignity throughout the criminal justice process. Stranger rapes are, however, the least common. The most likely type is acquaintance rape. Here there is a relationship between the offender and victim—either they are neighbors, work together, or are relatives. Most often the offender uses this relationship as a source of intimidation and therefore is less likely to use a weapon. There is less force in the attack and less resistance. The victim may not report the rape right away and evidence may be limited to her word against his. The criminal justice process will explore her ‘contributory behavior', try to diminish her character, and point to the lack of forceful resistance. The same reaction by society and the criminal justice process is true in date rape cases.