Вы находитесь на странице: 1из 22

Running head: RAPE IN COURTS 1

Rape In Courts: Is There a Correct Sentencing for Rape?

Delaney E. Versprille

First Colonial High School


RAPE IN COURTS

Abstract

In this paper, it explores the topic of how rape is mishandled in the hands of the United States

society and justice system. The overarching topic is the missentencing of perpetrators of rape and

how there is no consistency in the system in regards to this issue. This paper will show all of the

different aspects that affect rape court cases. It begins with how this issue came about, which

includes talking about what rape is considered in the law and how big of an issue rape is in the

United States. It then will go into the discussion between the two different views on how rapes

occurs. There are two types of rape that one the public believes what occurs and the second is the

type of rape that occurs most often, but is hidden from the public’s view. Then the paper will

display the cases that brought the issue to the surface of many. After the cases are discussed, the

paper goes into talking about the different viewpoints from the victim and perpetrator. Consent is

also a major part of rapes that is discussed before getting into the aspect of rape kits. Rape kits is

a big part of the paper, as it shows what the victim has to go through after an attack. After the

discussion of the kits, the paper goes into talking about places and factors that can contribute to

a perpetrator attacking an innocent person. This involves their ethnic backgrounds, college

campuses, and how rape can even occur in marriages. After the bulk of the paper is discussed,

which includes the statistics and events, the paper ends with comparing the laws already in place

and mentions possible solutions. At the end of the paper, the goal is for the reader to gain a new

perspective on this issue and learn information that wasn’t known before.
RAPE IN COURTS

Rape In Courts: Is There a Correct Sentencing for Rape

What is considered fair? By definition fair is treating people equally without favoritism

or discrimination ("What Is FAIR? Definition of FAIR (Black's Law Dictionary)," 2011). Rape

is a serious social, but also legal problem in the United States. Rape is one thing in our justice

system that is not handled fairly. Rape is a serious issue in the United States that is simply

overlooked by the courts. Many times no one believes victims, making them not wanting to

report the attack, which lets the rapist walk free. In our justice system there is no consistent

sentence for committing rape, making it easy for judges or a jury to decide however they see fit.

Another question that comes into play are the degrees of consent. Under traditional common law,

rape is the "carnal knowledge or sexual intercourse, by means of force, without the consent or

against the will of the survivor” (Murphy, 2017).

A lot of rapes occur on college campuses specifically at parties. Gang rape is prevalent at

these parties since there is alcohol and drugs involved. Many of these student victims don’t

report what happened allowing the assailants to not be convicted. If the assailants are arrested,

often times they get a weaker sentence than is actually required by the law. A vast majority of

sexual assault crimes go unreported regularly. Perpetrators of a sexual assault are the least likely

to go to jail for the crime committed than any other criminals. Out of 1,000 rapes, 994 of those

perpetrators will walk free (J. Knowlton, Personal communication, October 21, 2017).

In reality rape should be a charge of 20 to life in prison, but after further research it has

been concluded that there is not a specific, consistent time that perpetrators spend in prison. On

the other hand, the victims that are telling the truth lose their credibility. A lot of times men

claim that the woman was “asking for it,” meaning that she put off the “vibe” that she wanted the
RAPE IN COURTS

interaction to happen. The victims are the ones that get blamed for the rape according to how she

dresses or acts. Our society teaches “don’t get raped” rather than “don’t rape.” Why are women

taught how not to become a victim, when men aren’t taught not to victimize? Most professionals

or law enforcers don’t understand that rape takes something from the victim. It takes or destroys

a person's physical integrity or safety. From the victim’s viewpoint rape is a violent forceful

experience that may cause injuries like internal tears and leaving scars. The United States justice

system fails to adequately sentence perpetrators of sexual assault due to the lack of consistency

in the laws regarding rape.

Are there Two Types of Rapes?

Now let's talk about the “All-American” rape and the contrast between it with the

“Classical” rape. According to St. John’s Law Review, there are two different ways that rape is

perceived in the United States. The classical rape can be described how the rape occurs when the

woman is walking alone at night time and is taken by gunpoint. This is how rape is usually seen

in America, when in reality this is only a small portion of how a woman could get raped. In the

All-American rape it occurs at a college party where alcohol is involved between two people

who like each other, where race isn’t a factor either. In the classical rape narrative two crimes

usually happen, assault and the rape, but in the All-American rape only one crime occurs, and

that is the rape itself. The English Common law defined rape as “a man obtaining sexual

intercourse by force and without a woman’s consent.” 16 states and D.C. do criminalize sexual

assault that is without consent and without force, but more than half of non penetrative sexual

assaults are only considered misdemeanor. The majority of the All-American rapes are usually

not consider rapes at all in statutes. Due to many victims not coming forward since they feel like
RAPE IN COURTS

they might be blamed if they do; therefore, the classical rape is the official rape in this country.

This is causing the All-American rape to be suppressed from the public’s eyes. According to

Professor David Bryden, sexual intercourse is usually a pleasurable act, and that it is usually a

mutually pleasurable act even in dishonest situations. Without any violent/physical assault, the

law has often considered that there is no harm in rape. This can be shown in the case Coker v.

Georgia, which there was no physical harm, but the victim has been raped. Our country allows

everyone to have a sexual choice, and rape is considered by professor Schulhofer as “sexual

abuse,” which can be different than the classical rape. When a woman’s existence just doesn’t

matter, intercourse becomes rape. To the rapist rape is about total domination and treating the

victim like an object. All in all, the All-American rape disregards sexual choice and it degrades

the body and spirit through being looked as an object and the fact of domination. The United

States government doesn’t criminalize rape since the “All-American” rape or the general rape

isn’t shown and isn’t perceived as rape. This country has a very specific view on what rape is,

but people don’t realize that the “classical” rape is very rare occurrence. Officials need to realize

that rape can happen in many ways, and it is usually never talked about or reported. Since it is

rarely reported, Americans have a false viewpoint on rape. There are many different viewpoints

on what rape should be considered as in the law, and this needs to change to be more consistent.

Since the All-American rape has grey lines due to a victim not knowing if she was raped, there

needs to be communication between the two parties (Anderson, 2005).

Cases

Brock Allen Turner v. the State of California became a leading case in the United States

on the issue of sexul assault. In this case the defendant, Turner, was charged for the sexual
RAPE IN COURTS

assault of a fellow peer on the college campus of Stanford University. Turner was found by two

bystanders on top of the unconscious woman thrusting her by a dumpster. Turner was a swimmer

for the college and a highly intelligent individual. These aspects factored into his trial. Turner

was convicted of raping the young woman, but only received six months in jail and three years of

probation. After he was sentenced, Turner only ended up serving three months in jail due to

having good behavior. This shows how his sentencing was nowhere long enough to be the proper

amount of time to serve for the crime that he committed. In this case it is apparent that some bias

from the judge formally attending Stanford and that Turner came from a very wealthy family.

This case is a perfect example of how the United States justice system is inconsistent with

sentencing regarding rape. This is unheard of because the minimum requirement for jail time in

a state prison is 2 years for rape. The judge said he only gave Turner six months and three years

of probation because he believed he was a “good kid.” However recently, Turner is facing the

justice system again, appealing his case on the basis of an unfair trial. Turner is claiming that he

experienced an unfair trial since the character witness testimony was excluded. According to

Turner, this testimony would have showed his successful swimming career, performance in

school, and attested to his honesty. Turner’s appeal is victimizing the victim, Emily Doe, by

trying to show the court how intoxicated she was during the attack. Turner was served a fair trial

and a greatly reduced sentence. He was given only three months in jail and three years of

probation, when in reality he should of been sentenced to 14 years in prison. There needs to be a

set amount of time for a convicted rapists to spend in prison. This will allow for many to be safe

from these type of people (The People of the State of California vs. Brock Allen Turner).
RAPE IN COURTS

Another case that displays incorrect sentencing or the ignorance of courts towards sexual

assault cases, was the quarterback of Florida State Jameis Winston. Winston was accused of

raping a young woman of the same university. He was accused of rape in 2013, and both the

university and the local police department ignored the allegations against the starting

quarterback. He later went on to win a Heisman Trophy. Winston didn’t deny the accusations,

but he rather kept saying that the sexual encounter was consensual. Winston only received minor

disciplinary actions by the university for breaking the honor code (Tracy, 2016).

Many states make it known that for a rape to be considered an actual rape in their state,

there has to be physical harm shown. This is what happened in the case Coker v. Georgia, where

there was no physical harm able to be shown, but the victim was raped. Ehrlich Coker, who was

serving for various sentences on rape, murder, and kidnapping, escaped from prison. He then

proceeded to break into a couple’s home, then proceeded to rape the woman and steal the

resident’s car. The woman who had been raped didn’t show major injuries, making it difficult for

the defendant to be convicted. It helped that the defendant had been already sentenced on rape

charges (Coker v. Georgia).

Jail Time. With each sentencing varying in regards to time, it affects the way that

similar cases in the future will be decided. If the victim were to decide that they want to report

the attack, they would have to first go through an extensive examination using the rape kit lasting

at least two hours. After the kit is sent off, the police department would have to wait 3-6 months

to get the results from the attack. After that process is over, going to court will take longer than

you would expect. On average the length of a case would last at least a year or longer. This is a
RAPE IN COURTS

reason that makes the victim not report the incident due to not seeing a point in the whole

process (J. Knowlton, Personal communication, October 21, 2017).

DNA Technology. The new DNA technology that has been developed plays a role in

persecuting defendants. The technology allows the crime lab to be able to find DNA on an item

up to five days after the incident (J. Knowlton, Personal communication, October 21, 2017).

According to the Joyful Heart Foundation DNA technology,

It can identify an unknown assailant and confirm the presence of a known suspect. It can

affirm the survivor's account of the attack and discredit the suspect. It can connect the

suspect to other crime scenes and identify serial offenders. It can exonerate the wrongly

convicted or accused. (n.d.)

The new technology has allowed for DNA to be obtained even after 5 days after the attack. The

technology has also helped with tracking the victims or attackers steps through phone logs,

which can give the police a timeline of the victim before the attack. This helps especially when

the victim knows their attacker, making it easy to show evidence.

Consent

Apparently if a victim were to give consent to any sort of sexual intercourse, they are

consenting to any other sexual act in the state of New York. The degree of consent has recently

come into question in the justice system in deciding what is considered rape. There have been

many legal definitions of rape, and consent comes into question in many of the definitions. The

new law “Yes means yes” has changed the consent process making it only “consensual

intercourse” when both parties are in agreement and have knowledge of what is allowed. State v.

Alston showed how the presumption of the rape shield expectation operates in a case involving a
RAPE IN COURTS

prior relationship between the victim and the defendant. The laws that are set in place only focus

on how well the victim fought off her attacker, since most laws require there to be clear physical

harm. Rape law recognizes generalized consent to sexual intercourse when the victim gave some

form of consent during the rape itself. To this day, lack of consent is insufficient when

establishing if it should be considered rape. Generalized consent in martial rapes is being

questioned on if the generalized consent implicated by marriage, should be allowed to be

withdrawn. Consent should be a verbal “yes” every time, even if the sexual relations are

occurring inside a marriage (Urbina, 2014).

Different Viewpoints

What factors into most of the legal decisions of a case would be the evidence. The

viewpoints from the victim and the defendant can be different, and often the victims are accused

of creating the situation.

Victims. For the victims of rape, they need concrete evidence towards the crime that was

committed. Police sometimes desensitize the seriousness of the situation, neglecting victims

feelings. Since the victims aren’t always taken seriously, according to Department of Justice,

only 344 out of every 1,000 sexual assaults are reported to police. This means about two out of

three go unreported everyday ("Criminal Justice System Statistics," 2016). The justice system is

the reason that more than half of these assailants are not charged or convicted for the crime that

they committed. In the case Nevada v. Jackson, Jackson was arrested for forcing his way into his

girlfriend’s apartment, assaulting her, threatening to kill her, and raping her. His girlfriend

testified that this had happened previously, but she never reported it. Thankfully, he was found
RAPE IN COURTS

10

guilty, but this shows how when women don’t report the crime, it will only recur ("Nevada v.

Jackson, 2013).

Perpetrators. Since the courts are giving out watered down sentences to these criminals,

it gives them a second chance to change their ways. This can be what happens to the criminals of

the campus rapes and gang rapes. These assailants are usually college men with parents with

high expectations. Most of the time the men raping these women state that the victims asked for

it by the clothes that they were wearing and how they were acting. People feel that women and

their attire play a part, desensitizing victims and creating bias on how a woman should dress in

order to avoid the situation. The use of alcohol plays a major role when the assailants rape their

victims. A majority of rapes occur at college parties where students minds are altered and

affected by the alcohol they have consumed. This plays into when these regular college men

decide to cause harm to another person. Alcohol is a depressant, which alters a person’s central

nervous system, that interrupts the body’s normal functions.

Most of the time these assailants, similar to the victims, cannot remember the crime that

took place. This memory loss can be due to the traumatic event or repression, but most of the

time the assailant’s mental state was abnormal when the event took place. Due to the alcohol that

was affecting the person’s body it could cause them to not remember what happened in the

situation. People who drink can continue to build a tolerance to the amount of alcohol one can

consume before feeling a “buzz.” However, depending on the person and their tolerance, the

brain can only handle so much after consuming alcohol, until one can not ultimately make

conscious decisions and recall the situation. Confabulation is a memory disturbance, defined as

the production of fabricated, distorted or misinterpreted memories about oneself or the world,
RAPE IN COURTS

11

without the conscious intention to deceive. This is what occurs to someone after they have

consumed a large amount of alcohol (Myers, 2006). Alcohol is the confabulation to the series of

events that can unwind. The remembrance of the situation is important in building a case against

the accused.

Rape Kits

Rape Kits are scientifically called a PERK, meaning Physical Evidence Recovery Kit.

Every state has its own individual kit with specific things in each. When sent into the crime lab,

it will take up to 3-6 months due to many reasons like the crime lab being overworked (Reilly,

2015 17 jul). One of the steps that contributes to rape kits going untested, is when the kit is

booked into evidence, but the police officers never request a DNA analysis. The second factor

that contributes to the backlog of these kits, is how the crime labs do not complete the DNA

analysis on a timely manner. Theses crime labs are not committed to completing these test on the

kits, as it is not their main priority. It is hard to tell how many rape kits go untested as there is no

mandate on the tracking and testing on rape kits ("What Is the Rape Kit Backlog?," n.d.).

The professionals that perform these kits are known as SANE nurses, which stand for

Sexual Assault Nurse Examiners. These nurses have many different aspects of their job, which

includes physical and emotional assessments, evidence collection, consult on cases as an expert,

and they teach the community about this profession. According to Jennifer Knowlton, after a

victim comes into her clinic, they have two reporting options. These options include the regular

report, which includes a legal report, an exam, medicines, and for the PERK to be analyzed. The

other option is the anonymous report, which includes a delayed legal report, an exam, medicines,

but no analysis of the PERK. In regards to collecting all of the prevalent evidence, there is a time
RAPE IN COURTS

12

frame at which the evidence can still be collected and tested when sent to the crime lab (J.

Knowlton, Personal communication, October 21, 2017).

For a victim to get a rape examination after the fact is an intrusive process. The whole

examine takes up to 2 hours, and depending on where the victim was attacked depends on the

areas that need to be tested. There are steps that the examiner has to take in order to not violate

the victim’s rights in any way. Before the examiner can begin the testing, they first need to

obtain consent from the victim. Now this can be difficult if the victim is underage and the parents

are against their child getting an exam. If there is no consent, a search warrant can be obtained in

order for the exam to factor into the case. After the consent is taken care of, the head-to-toe

assessment can begin and the first step is to have the victim change out of their clothes so that

they can be bagged as evidence. The next step is for the victim to indicate exactly where the

perpetrator touched them so the examiner knows exactly what stops to focus on. The examiner

will look for signs of trauma, like swelling or cuts. They also look for hair and any other bodily

fluid on the victim. They can use a fluorescent light to help find these items on the body and

inspect the areas mentioned by the victim. The examiner also takes pictures to document the

trauma and the findings to help with the legal report. After the exam is completed the clinic or

hospital will provide the victim with medical care like, STD, pregnancy, and HIV testing. They

will provide the victims with medicines like the morning after pill and other medicines that

might help with the pain. The kits that the examiner uses to collect the evidence has step by step

instructions. This is helpful in case the victim goes to the hospital and an nurse, who has never

done a rape kit will know exactly what to do. The kit will have different envelopes for different
RAPE IN COURTS

13

test. The chain of custody of the kit is tied to the examiner until the police come and sign off on

the kit to allow it to be tested (J. Knowlton, Personal communication, October 21, 2017).

A part of rape kits that is usually not mentioned is the aspect of that males can have them

done also. Although rape is not as common in men as women, it still occurs. Also there can be

kits that are used to test suspects. This can be used to compare the kits between each other to see

if the DNA matches or the abrasions match. This exam has to occur in the 24 hours after the

attack, and the suspect has to give consent or there has to be a search warrant. When the

examiner performs this exam, they are specifically looking for physical evidence on the body of

the suspect. This test, if performed on time, can help convict the suspect based off of hard

evidence. When performing these kits on victims, time is the real challenge for examiners. This

is because certain evidence will only last on the body for a certain amount of time. Another

factor that affects these exams, is if the victim changes their clothes, uses the bathroom, or takes

a shower. By the victim doing this it affects the evidence that was left on their body after the

attack. When the victim performs these actions after the attack, there isn’t a lot of evidence for

the examiner to test. In the job description of the SANE nurses is how they also provide

emotional counseling. Although they have to be as unbiased as possible, they are able to provide

their patients with counseling options (J. Knowlton, Personal communication, October 21, 2017).

Marital Rape

Marital rape is still possible even though the two individuals are married to one another.

Sometimes women who are married believe that it is their wifely duty to have sexual relations

with their husband all the time. What they don’t realize is that if they don’t want to, they are not

obligated to interact in that way. If their husband is forcing them, it is classified as rape since
RAPE IN COURTS

14

there isn’t consent from both parties (J. Knowlton, Personal communication, October 21, 2017).

A lot of the times, wives will be either forced or guilted into have sexual relations with their

husband. Marital rape is a crime in all 50 states, in 1993, under at least one section of sexual

offense. According to the National Online Resource Center on Violence Against Women,

approximately 10-14% of married women are raped by their husbands in the United States.

Another research done by the National Online Resource Center on Violence Against Women has

shown victims of marital rape are more likely to be raped several times in comparison to stranger

and acquaintance rape victims. These statistics show how real and prevalent marital rape is in the

United States. This type of rape is often overlooked by law enforcement as it is not reported a lot,

since the attack occurs in a marriage where sexual intercourse is implied (Stritof, 2017).

College Campuses

Due to the influence of alcohol and drugs, one out of three perpetrators are intoxicated. It

has been shown that college campuses have an increase of these substances, which can factor

into many of the rapes that occur on the campuses. The parties on these campuses are not

regulated, allowing many different kinds of alcohol or drugs to be present. 43% of rapes

incidents include the consumption of alcohol by the victims and 69% of consumption by the

perpetrators ("Alcohol and Sexual Assault," n.d.). A report from the United Kingdom documents

the role that alcohol plays in increasing the chance of sexual assault and rape. While this study

didn’t focus specifically on college students, it pointed to the overall link between alcohol use

and sexual assault. Eighty-one percent of reported sexual assaults involve alcohol and amounts

were significant enough to cause disorientation, memory loss, and loss of consciousness. In 60

percent of cases, the amount of alcohol was significant enough to "make it questionable whether
RAPE IN COURTS

15

the victim would have been able to even give consent" (French, Beynon,& Delaforce, 2007). The

problem is that if the assault is reported to the school, they will only take disciplinary actions

against the assailant. This factors into victims feeling like it isn’t important, and that they don’t

want to be embarrassed in the public eye. Another issue that factors into victims not reporting the

attack is that at the time of the attack they were taking part in illegal acts, such as underage

drinking. Victims are worried that the police will only see that they were committing an illegal

act during the time, when most of the time the police will look past the illegal act (Saul, 2017 24

jan).

Ethnic Background

The ethnic background can play a deciding role in these cases revolving around rape.

Throughout the United States, racial minorities have been tried by all white juries in all white

courtrooms, for example, in the 1931– 1932 Scottsboro rape trial. In 1910, African Americans,

who were about 11% of the U.S. population, but were 31% of the prison population. African

Americans accounted for 405 of the 455 of executions for rape between the years of 1930 and

1972. Sentencing laws were discriminatory, with the harshest punishments given to African

Americans who were victimized whites. In the past, police have also played a role in racial

violence in situations by actively encouraging or participating in mobs. Race has also been a

factor in other parts of the government. Supreme Court cases and legislation has tried to make

race discrimination unconstitutional, but in reality it is still a major factor in the United States

society and government. Although the United States has seen racial factors slightly diminish, in

the twenty-first century the U.S. has witnessed the spike in racial unfairness in the society once

again. The ethnic background or upbringing of a defendant can play a deciding factor in a court
RAPE IN COURTS

16

case involving rape. There has also been patterns studied of victimization and offending,

including social factors such as poverty, segregation, and unemployment. According to multiple

researchers and the social science, research did conclude racial discrimination does occur in

some stages of justice system and that small differences in treatment happen across the criminal

justice system resulting in larger racially different outcomes. This shows that it has been founded

to be true that race factors into crimes and the United States’s criminal justice system. In regards

to the crime of rape, it has been seen as dominated by more white males, especially on college

campuses. Reasons for this is due to the perpetrator wanting to feel like they have dominance

over their victims. This can be triggered by growing up with parents that dominated over the

perpetrator. How a person is raised or what they were surrounded by, can affect how they act as a

person including how they act towards other humans ("Race, Ethnicity, and the Criminal Justice

System," n.d.).

Comparison of Laws

California and New York have already changed regulations towards these attacks on

college campuses. These new regulations seem to benefiting the campuses with how they handle

assaults of this nature. There are many laws in regards to rape. Some include: Rape Shield Laws,

Voluntary Social Companion, the Campus SaVE Act, the Sexual Assault and Victims’ Bill of

Rights, etc. Rape Shield Laws were set in place to help to protect victim's prior sexual conduct

from being shown in court as evidence. Voluntary Social Companion “gave a reduced degree of

felony for a rape charge is the victim was a voluntary social companion of the defendant on the

occasion of rape.” This law affects the victims poorly because it is allowing for perpetrators to

get off from the crime easier. It also harms the victims case because the majority of the time, the
RAPE IN COURTS

17

victim knows their perpetrator. So this law would be put into place a large amounts of time, only

benefiting the defendant. The Campus SaVE Act “was enacted to reduce the prevalence of

sexual assault on college campuses; it includes stalking, domestic and dating violence.” The

Campus SaVE Act was enacted for the right reasons, but has not seen results in the deterrence of

rapes on college campuses. The Sexual Assault Victims’ Bill of Rights is “a drug and alcohol

amnesty policy, protocols to ensure confidentiality and emphasize a victim’s right to make both

criminal and disciplinary complaints.” This Bill of Rights “protects the victim's past sexual

relations private from the courts.” This allows for their history not to be used against them in a

sexual assault case. This is a law that cares to protect the victim’s rights and privacy, after it had

already been violated by the perpetrator. Most of these laws have a broad outlook on the topic of

rape, and all states have various definitions of rape affecting the laws that they implement

(Buchhandler-Raphael, 2017).

Solutions

In regarding the laws that have already been set in place, there needs to be stronger and

more consistent laws in choosing sentencing for perpetrators of sexual assault. Currently, there

are no actual laws stating the amount of time that should be rewarded to the defendant. Laws are

already starting to change in steps as people begin to talk about this issue more and more. For

more attacks to be reported, the justice system needs to become more responsive to the victim

and their testimony. Even if their story isn’t lining up, further steps need to be taken to conduct a

thorough investigation where no evidence is excluded. Victims should feel a sense of security

reporting rapes, and the situation should be handled delicately by police. For victims to feel safe

and not embarrassed police need to actually take action on these cases and not let them go cold.
RAPE IN COURTS

18

The main solution to this issue is to bring awareness to all ages, genders, and races. This issue

doesn’t just affect a select few, it has grown and is impacting all demographics.

Conclusion

In conclusion, courts needs to keep a more consistent sentencing in regards to rape.

Although there has been improvements on laws, they still do not fulfill the accurate cover

sentencing requirements or protecting of a victim. As discussed previously in the paper, there are

laws that have recently been created to help resolve this issue. Although this act has occurred,

these laws are still broad on the main topic. Laws need to be created to specify sentencing when

rape is in question. After newer laws have been set in place, the courts need to follow through

with giving a more consistent sentencing or time spent in jail. As seen in the Brock Turner case,

even though he did get convicted he only had to serve 3 months in jail. This shows the bias in the

courts, and the wide varying sentencing since in most cases the defendant would get no less than

5 years in jail. As a society, and justice system, the United States should respect the victims

allowing them to tell their story. By doing this, it will allow more people to come forward about

their story once they see others getting a positive feedback from the country. This can be

displayed in the “Me Too” campaign that has been going around social media. This shows that

once one person steps up, a whole bunch of people will not feel alone. These kind of campaigns

will not only bring awareness to the issue, but it could also bring the perpetrators to justice.

These kind of actions will give victims a stronger voice, and it will decrease the number of

attacks that go unreported. Although people say life isn’t fair, our justice system should be a

paragon of fairness by taking action against rape culture and maximizing the current laws

pertaining to rape in America.


RAPE IN COURTS

19

References

A. (n.d.). Race, Ethnicity, and the Criminal Justice System. American Sociological

Association. Retrieved September, 2007, from

http://www.asanet.org/sites/default/files/savvy/images/press/docs/pdf/ASARaceCrime.pd

Alcohol and Sexual Assault. (n.d.). Retrieved November 21, 2017, from

https://pubs.niaaa.nih.gov/publications/arh25-1/43-51.htm

Anderson, M. J. (2005). All-american rape. St. John's Law Review, 79(3), 625-644.

Retrieved September 29, 2017, from ProQuest Central K-12.

Buchhandler-Raphael, M. (2017). The Conundrum of Voluntary Intoxication and Sex.

Brooklyn Law Review, 82(3), 1031-1108. Retrieved October 18, 2017, from

http://search.ebscohost.com.ezproxy.vccs.edu:2048/login.aspx?direct=true&db=a9h&AN

=124362055&site=ehost-live

Coker v. Georgia, 75-5444 (March 28, 1977).

Criminal Justice System Statistics. (2016). Retrieved October 24, 2017, from

https://www.rainn.org/statistics/criminal-justice-system

Delamater, C. (2016). WHAT "YES MEANS YES" MEANS FOR NEW YORK

SCHOOLS: THE POSITIVE EFFECTS OF NEW YORK'S EFFORTS TO COMBAT

CAMPUS SEXUAL ASSAULT THROUGH AFFIRMATIVE CONSENT. Albany Law

Review, 79(2), 561-615. Retrieved October 28, 2017, from

http://search.ebscohost.com.ezproxy.vccs.edu:2048/login.aspx?direct=true&db=a9h&AN

=123632686&site=ehost-live
RAPE IN COURTS

20

(E. Dockterman, Jan 29, 2015)

(French, Beynon,& Delaforce, 2007)

J. (2017). Nevada v. Jackson, 569 U.S. ___ (2013). Retrieved November 17, 2017, from

https://supreme.justia.com/cases/federal/us/569/12-694/

J. (n.d.). What is the Rape Kit Backlog? Retrieved from

http://www.endthebacklog.org/backlog/what-rape-kit-backlog

Kennedy v. Louisiana (June 25, 2008).

Khadaroo, S. T. (2014 11 dec). College-Age Sexual Assault: Students Less Likely to

Report Rapes... Christian Science Monitor. Retrieved October 30, 2017, from

https://sks.sirs.com

Knowlton, J. (2017, October 21). [Personal interview].

Lyon, M. R. (2004). No means no?: Withdrawal of consent during intercourse and the

continuing evolution of the definition of rape. Journal of Criminal Law & Criminology,

95(1), 277-314. Retrieved September 29, 2017, from ProQuest Central K-12.

Mathis, J., & Boychuk, B. (2014 23 jan). Do Sexual Assaults on College Campuses

Require a Federal Response? McClatchy - Tribune News Service. Retrieved November 3,

2017, from https://sks.sirs.com

Murphy, E. (2017). NO MEANS NO: A CRITICAL EXAMINATION OF THE

EFFECTIVENESS OF THE "YES MEANS YES" LAW. Thomas Jefferson Law Review,

39(2), 93-112. Retrieved October 18, 2017, from

http://search.ebscohost.com.ezproxy.vccs.edu:2048/login.aspx?direct=true&db=a9h&AN

=124293170&site=ehost-live
RAPE IN COURTS

21

Myers, C. E. (2006). Confabulation. Retrieved November 17, 2017, from

http://www.memorylossonline.com/glossary/confabulation.html

The people of the state of California vs. Brock Allen Turner (January 28, 2015).

Reilly, S. (2015 17 jul). Tens of Thousands of Rape Kits Untested. Usa Today, p. A.6.

Retrieved October 30, 2017, from https://sks.sirs.com

Rouhanian, A. (2017, April). A CALL FOR CHANGE: THE DETRIMENTAL

IMPACTS OF CRAWFORD v. WASHINGTON ON DOMESTIC VIOLENCE AND

RAPE PROSECUTIONS. Boston College Journal of Law & Social Justice, 37(1), 1-72.

Retrieved September 29, 2017, from ProQuest Central K-12.

Salam, M. (2017, December 02). Brock Turner Is Appealing His Sexual Assault

Conviction. Retrieved from https://www.nytimes.com/2017/12/02/us/brock-turner-

appeal.html

Saul, S. (2017 24 jan). When Rapists on Campus Attack Again. New York Times, p. A.1.

Retrieved October 30, 2017, from https://sks.sirs.com

Sexual Violence. (n.d.). Chapter 6: World Report on Violence and Health. Retrieved

from

http://www.who.int/violence_injury_prevention/violence/global_campaign/en/chap6.pdf

Stritof, S. (2017, April 23). Recognize Nonconsensual Sexual Acts and How You Can

Get Support. Retrieved from https://www.thespruce.com/what-is-marital-rape-2300724

T. (2011, November 09). What is FAIR? definition of FAIR (Black's Law Dictionary).

Retrieved November 17, 2017, from http://thelawdictionary.org/fair/


RAPE IN COURTS

22

Tracy, M. (2016, December 15). Jameis Winston and Woman Who Accused Him of

Rape Settle Lawsuits. Retrieved November 13, 2017, from

https://www.nytimes.com/2016/12/15/sports/football/jameis-winston-erica-kinsman-

lawsuit.html

U. (n.d.). Top Ten Things Advocates Need to Know. UK Center for Research on

Violence Against Women. Retrieved December, 2011, from

https://opsvaw.as.uky.edu/sites/default/files/07_Rape_Prosecution.pdf.

Urbina, I. (2014 12 oct). The Challenge of Defining Rape. New York Times, p. SR.12.

Retrieved October 26, 2017, from https://sks.sirs.com

Вам также может понравиться