Former prosecutor: "The Charge of Rape, the Force of Myth"

[spooky3]

opinion piece by Alice Vachss (in W. Post)

http://www.washingtonpost.com/wp-dyn/articles/A49317-2003Oct31.html

"You can't argue as many rape cases before a jury as I did during my time as a New York City prosecutor and not understand that our society harbors some deep-seated rape myths -- cultural misconceptions about sexual violence that interfere with our adequately addressing the prevalence of sexual assault. In recent years, most of these rape myths had gone underground, seemingly because it would have been unpopular to express them. ..

"Colorado law permits prosecutors to satisfy their minimal legal burden at a preliminary hearing by offering hearsay evidence. No conscientious prosecutor voluntarily exposes his or her witnesses to unnecessary pretrial cross-examination. Yet when Eagle County Judge Frederick Gannett, in his opinion binding the matter over for trial, made some gratuitous comments complaining about the inherent weakness of such hearsay evidence, the media dutifully reported that the case against Bryant itself was weak. The truth is, we simply don't know the strength of the case, and neither could a judge who heard primarily hearsay. The judge conceded as much in his opinion: "The court understands that the people have no obligation to present all, or even the best of, its evidence at a preliminary hearing, however the court can rule only on what was presented and admitted into evidence." "

[ant]

1. the sad thing...

From the article:
Far more powerful is the unstated defense that depends upon jurors' buying into rape myths -- myths such as the one that insists, for example, that "real" victims resist to within an inch of their lives. Nothing in the legal definition of sexual assault in any jurisdiction corroborates such beliefs, but they persist with a force that sometimes exceeds the force of the law itself.

What's more, I remember always being taught NOT to resist. Your life isn't worth it, don't fight and risk further injury, etc. I guess maybe women should be taught to get as injured as possible so people will believe them.

Thanks for the article, by the ay.

[Pattib]

2. I hear ya ant.

When I was 18 yrs. old (1980) I worked part-time for a CPA in MD. while attending college.

One Friday as my boss was leaving he came up behind me and put his arm around my neck, sort of a choke hold. He then proceeded to push his tongue down my throat. Honestly, I froze like a deer in the headlights. I suppose I was in total fear and shock. This whole episode lasted about 20 seconds. He immediately left the office while I sat there in a daze. I called my father, crying, trying to relate what happened. My father came to get me. After taking me home to my mother my father then proceeded to track my boss down. Found him at home. I still do not know what happened to this day. I know my father punched him. This was per my mother after my father passed away three years ago.

I am always amazed that people are shocked that a woman doesn't fight back. I have since talked to other women who have been raped or assaulted and I hear they reacted similarly to the way I did. I now know that what was done to me was assault. I don't often repeat the story but to the few people I've told I am always asked why we didn't go to the police. My reply, "it was 1980" I seriously do not think any charges would have been filed due to the way things were at that time.

Sorry for the long post. Just wanted to share that I think it is more the norm for women to freeze in fear and then not report it.

[ant]

3. not surprising

I'm not surprised you froze. I think that's a perfectly natural response to a situation like that.

My college roommate was raped - this was mid 90s - and she described it the same way. It took her a few days before even coming to me, actually. She wasn't visibly bruised or anything, and if she had reported it it would've simply become a he said/she said thing. While I wanted her to report it (and track the asshole down myself to cut his fucking dick off), I could understand why she didn't want to. Why was she alone with him? Was she drinking? What was she wearing? Did she resist enough?

What woman wants to go through all that when she's just been assaulted?

It's no wonder women often choose to keep quiet. I sometimes think that if every sexual assault survivor actually came forward people would be overwhelmed with how many women they know have gone through this.

[izzie]

4. Back when I was in college I took a ride to the train with ,,,,,,,

my room mates boy friend. And he attacted me and I bit him and kicked and hit him, and jumped out of car and ran. But I never reported it as I felt bad this girl had such a slime ball as a boy friend and I had got in car with out a thought to my own safty.I felt I should have known better I had travel alot and knew not to put my self into such a place. I fear he got the worst as I went just as wild as he got wild. So we all act in the way that just turns up I guess.I also had trouble with a repair man who came to house and I just sort of talked him out of moving one foot nearer to me. I am only a little over 5 feet so it is something that just turns up at the time, what you do.That time I had a child in the house and I was really worried about her.A nut I did not need. Maybe it is your make-up?