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In other words, it doesn't have to be forcible to be rape. Much of the violence that occurs in rape is psychological, which makes sense when attackers are known to the victim (relatives, friends, lovers). In these cases, we're often pursuing a myth when looking for -- and expecting to find -- evidence of a struggle.<BR/><BR/>Let's look at an allegorical theft: You let someone you trust and care about into your house. You soon learn that they're upset with you. Despite telling them not to, they start taking things of yours and throwing them into a bag. When you tell them not to, they yell, "Sit down, shut the fuck up, and stay out of the way!" You're shaken, and you don't want things to get worse or even violent, so you comply. They finish taking stuff and leave. You pull yourself back together and call the police. They come to investigate, find the fingerprints of the accused all over the place, but no sign of a struggle or forced entry.<BR/><BR/>The above scenario is why I believe so many rape cases are so a) traumatic for the victim b) so "unbelievable" and c) so difficult to successfully prosecute.<BR/><BR/>The fact of the matter is rape and other forms of gender-based violence is a huge problem in Oregon. <A HREF="http://www.oregon.gov/DHS/ph/ipv/docs/RapeFactsheet_72005.pdf" REL="nofollow">1 in 6 women</A> are the victim of a <I>forcible</I> rape in her lifetime. I think we've gone about as far as we can in the legal arena. We need to start moving from tertiary and secondary prevention activities; that is, stopping attempted rapes and other violence before it even starts.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-11306845.post-1134353217056989732005-12-11T21:06:00.000-05:002005-12-11T21:06:00.000-05:00This is a citation for the USAF CID study, which c...This is a citation for the USAF CID study, which classified 27% of rape allegations as false:<BR/><BR/>"False Allegations," <I>Forensic Science Digest</I>, V. 11, no. 4, Dec. 1985, p. 64, by Charles P. McDowell.<BR/><BR/>I'm not sure the Justice Dept. collects data on false reporting of crimes.<BR/><BR/>My original post has some data on "unfounded" allegations from the FBI, and false allegations from a study by Eugene Kanin.<BR/><BR/>But again, I don't think there's any solid information.Cathy Younghttps://www.blogger.com/profile/09688616617444359647noreply@blogger.comtag:blogger.com,1999:blog-11306845.post-1134352539103765442005-12-11T20:55:00.000-05:002005-12-11T20:55:00.000-05:00USAF CID reported some years ago that about a thir...<I>USAF CID reported some years ago that about a third were false as defined by the accuser's recanting</I><BR/><BR/>I would love to see a cite for this. The Department of Justice, last I heard, found that the false-report rate for sexual assault is about the same as all other crimes.mythagohttps://www.blogger.com/profile/07138471078836187498noreply@blogger.comtag:blogger.com,1999:blog-11306845.post-1134079172372506232005-12-08T16:59:00.000-05:002005-12-08T16:59:00.000-05:00Considering that a number of rapes reported to the...Considering that a number of rapes reported to the authorities are false charges (USAF CID reported some years ago that about a third were false as defined by the accuser's recanting), I find it difficult to believe that rapes reported to rape crisis centers or other entities not actually in the criminal justice system are any more likely to be true. It would seem reasonable that some kind of Munchausen impulse could take a woman to a center, or the memory of a failure to communicate (which might be a rape or might be a later regret)might cause a response, but the responder would be sensible enough to know it wouldn't get far in a genuine police investigation.<BR/>People do a good many strange things for sympathy and attention.<BR/><BR/>There are, basically, two kinds of rapes; the stranger rape and the acquaintance rape. In the latter case, there is every reason to believe the two were together and may or may not have had sex. The problem is the issue of consent when there are no witnesses and the guy may either be lying or honestly consider there was consent. Difficult to prove.<BR/><BR/>With stranger rape, it's often difficult to find the stranger.<BR/><BR/>If we are going to make comparisons one way or another with other crimes, what do we do with people who falsely accuse others of crimes which did not happen? Might as well do the whole comparison thing.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-11306845.post-1134021594624680332005-12-08T00:59:00.000-05:002005-12-08T00:59:00.000-05:00kierkegaard lives, thanks for the kind words and t...kierkegaard lives, thanks for the kind words and the link -- interesting case!Cathy Younghttps://www.blogger.com/profile/09688616617444359647noreply@blogger.comtag:blogger.com,1999:blog-11306845.post-1133988024889236512005-12-07T15:40:00.000-05:002005-12-07T15:40:00.000-05:00What a great post and great discussion here in the...What a great post and great discussion here in the comments. I recently posted a <A HREF="http://imkierkegaard.blogspot.com/2005/12/risks-of-turning-down-plea-offer.html#comments" REL="nofollow">link</A> to a similar case in Nebraska where a judge dismissed sexual assault charges. In that case no charges have been filed against the complainant, but I do know that some of the local radio media discussed the question of whether there should be stiffer penalties for false reporting these types of crimes because the accusation itself can be so stigmatizing to the accused.<BR/><BR/>It's an easy case where the accused is guilty. It's an easy case where the complainant is falsely reporting. The real difficulty is in finding a good balance in the law to deal with those cases where you can't easily ascertain the guilt of the accused or the truth of the complaint. In those cases there is a great deal of stigma and consequences on the accused, regardless of conviction. On the other hand, any time you talk about increasing penalties for false reporting in this type of crime you also run the risk of making it more difficult or less encouraging for victims to report. I don't know how you strike that balance, but I think you have to step back and really recognize the validity on both sides of the issue to fully grasp how difficult it is.Kierkegaard Liveshttps://www.blogger.com/profile/10737354465427634085noreply@blogger.comtag:blogger.com,1999:blog-11306845.post-1133983296679699882005-12-07T14:21:00.000-05:002005-12-07T14:21:00.000-05:00I really hope that The Oregonian, or some other lo...I really hope that <I>The Oregonian</I>, or some other local publication, does a long investigative feature on this case.<BR/><BR/>One thing I found when researching my book is that a lot of the time, headline-making "outrage" cases turn out, upon a close look, to be substantially different from the headlines.<BR/><BR/>For instance: in 1989, there was a widely reported case in which a Florida jury supposedly acquitted a man in a rape case because the victim was wearing a lace miniskirt.<BR/><BR/>Then, <I>The Miami Herald</I> ran a long investigative piece by Elinor Brecher about the case, and the facts turned out to be quite a bit different. The facts as outlined in Brecher's piece strongly suggest that the woman was a prostitute, and while she probably was raped, she told so many lies in attempting to conceal her occupation (and the likely fact that when she was attacked by the defendant, she was hanging out at a truck stop looking for customers at I think 2 a.m.) that the jury couldn't believe a word she said. And she did have a pretty strong motive to lie, because the case came to the attention of the police when the guy crashed his car and the police showed up on the scene to find him, the woman, and lots of drugs.<BR/><BR/>(The main reason I think that the woman probably was raped is that at the time, the guy was already wanted for two rapes in Georgia. In fact, the foreman of the jury that acquitted him said that he hoped the guy would "fry" for the Georgia rapes, and in fact he later got a very long sentence for those -- 25 years, I think.)<BR/><BR/>The fact that the woman was wearing a lace miniskirt and no underwear <I>was</I> mentioned, but mainly as supporting the claim that she was a prostitute plying her trade.<BR/><BR/>I think you can still make a legitimate claim that the woman was a victim of societal prejudice -- i.e., that she felt she had to lie because she didn't think the jury would have a lot of sympathy for her if she said she was raped while turning tricks at a truck stop.<BR/><BR/>But it was <I>not</I> a case of the jury saying "rape is okay if the woman is wearing a lace miniskirt."Cathy Younghttps://www.blogger.com/profile/09688616617444359647noreply@blogger.comtag:blogger.com,1999:blog-11306845.post-1133982200887438322005-12-07T14:03:00.000-05:002005-12-07T14:03:00.000-05:00Charless,Thanks for the extra info. It certainly t...Charless,<BR/><BR/>Thanks for the extra info. It certainly tilts me towards a belief that this conviction is a Bad Thing.<BR/><BR/>If I made the law, I'd require proof of actual malice (or at least reckless indifference) as elements of a 'false charge; offense. <BR/><BR/>Rev, <BR/><BR/>Despite my disagreement with you on where the line should be drawn, you do demonstrate out that there is an inherent conflict between encouraging victims to come forward, and to protect people from false accusations (which on the margins must lead to some false convictions.)Poohhttps://www.blogger.com/profile/10088628100700088755noreply@blogger.comtag:blogger.com,1999:blog-11306845.post-1133978624845681972005-12-07T13:03:00.000-05:002005-12-07T13:03:00.000-05:00I agree that it's a bad idea for a sensitive issue...I agree that it's a bad idea for a sensitive issue like this to be handled by a municipal court. <BR/><BR/>It would be interesting to see what the county DA's office thinks of the city DA's prosecution.Cathy Younghttps://www.blogger.com/profile/09688616617444359647noreply@blogger.comtag:blogger.com,1999:blog-11306845.post-1133957916939280552005-12-07T07:18:00.000-05:002005-12-07T07:18:00.000-05:00Pooh, I like how it is the witness pressured by th...Pooh, I like how it is the witness pressured by the police to lie who will be prosecuted, rather than being treated as a witness to conspiracy by the police.<BR/><BR/>That should help to serve as a deterrent against future witnesses pressured by the police into lying ever coming forward again. Oh wait, maybe that shouldn't be the goal.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-11306845.post-1133957650589787732005-12-07T07:14:00.000-05:002005-12-07T07:14:00.000-05:00On the guess that the judge probably knew enough a...On the guess that the judge probably knew enough about the behavior of rape victims to realize that rape victims can have a wide variety of responses to their rapes, and that his gut level assumption of how she should have acted was probably wrong, it is worth realizing that Peter Ackerman is a municipal court judge with a corporate law practice. Rape cases would not normally go before a municipal court (that appears to primarily handle traffic cases), so there is no reason to assume that he has had any special training relating to rape.<BR/><BR/>Likewise, the Assistant City Attorney, Ted Naemura, is not in the office that declined to prosecute (that would be the Washington County District Attorney), and the City Attorney's office is not responsible for prosecuting rape cases. Again, there is no reason to assume that he has had specific training in relation to rape cases.<BR/><BR/>While prosecution of rape victims for false police reports is extremely rare, the City Attorney's office of Beaverton has carried out two such prosecutions within a single year, getting convictions in both cases despite the fact that the victim had not recanted, and no damning evidence of lying is apparent. I agree that there is more than what meets the eye going on here, but I think it is related to the City Attorney's office and to the Beaverton Municipal judges, not to this individual case.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-11306845.post-1133929287204713652005-12-06T23:21:00.000-05:002005-12-06T23:21:00.000-05:00Right now the attitude, amply seen in ampersand's ...<I>Right now the attitude, amply seen in ampersand's comments, is that the innocents don't matter -- all that matters is convicting rapists.</I><BR/><BR/>The great thing about responding to "attitude" is that it's so much easier than having to respond to anything I actually wrote.<BR/><BR/>Of course I think that innocence matters. I don't want any innocent people convicted of rape, or any other crime. I simply don't believe that the "not credible" proposal is a fair or just way of trying to solve the problem, for the reasons I've mentioned.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-11306845.post-1133919491766834692005-12-06T20:38:00.000-05:002005-12-06T20:38:00.000-05:00Whoa - thanks for posting that, pooh!Whoa - thanks for posting that, pooh!Cathy Younghttps://www.blogger.com/profile/09688616617444359647noreply@blogger.comtag:blogger.com,1999:blog-11306845.post-1133919347307581472005-12-06T20:35:00.000-05:002005-12-06T20:35:00.000-05:00an interesting counterpoint? False statements whic...<A HREF="http://www.ksat.com/news/5472166/detail.html?subid=22100443&qs=1;bp=t" REL="nofollow">an interesting counterpoint?</A> False statements which led to an execution being investigated...Poohhttps://www.blogger.com/profile/10088628100700088755noreply@blogger.comtag:blogger.com,1999:blog-11306845.post-1133912920925389512005-12-06T18:48:00.000-05:002005-12-06T18:48:00.000-05:00Cathy,The reprisal issue is why legislators took t...Cathy,<BR/><BR/>The reprisal issue is why legislators took the issue of prosecuting rapes out of the victim's hands. To many women were dropping charges out of fear of reprisal. Of course, now it puts too much power in the hands of the DA, and ours didn't like dealing with rape cases.<BR/><BR/>That only 10% are worried about the police response just illustrates how far the police have come. State-wide, the rape crisis centers have someone who works with the police and the DA's office. The give seminars on sexual assault and trauma. They also send an advocate to be with victims during the hospital visit and police interview. Having that working relationship is everything. Although I was a counselor, and seldom went out on rape calls, I have to say my interactions with the police were great. You sometimes get bad eggs too, but most of the cops are wonderful.<BR/><BR/>ZAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-11306845.post-1133909854217793482005-12-06T17:57:00.000-05:002005-12-06T17:57:00.000-05:00Re "not pressing charges": I think Rev is probably...Re "not pressing charges": I think Rev is probably referring to women not going to the police in the first place.<BR/><BR/>The NCVS asks people who didn't report a crime against them to the police why they didn't report it. Interestingly, only about 10% of rape/sexual assault victims in the NCVS said that the reason was that they felt they wouldn't get fair treatment from the police or that the police "wouldn't want to be bothered." 10% cited lack of proof as the reason, and 11% fear of reprisal. 17% said that they didn't report the rape because they saw it as "a personal matter." (It should be noted that this is also a common reason for not reporting aggravated assault.)<BR/><BR/>Turning to other surveys which show a much higher annual rate of rape/sexual assault than the NCVS, I would venture a guess that most of those incidents are seen by the victim as a miscommunication rather than a crime. Facilitating reporting would not have much of an impact on those cases.Cathy Younghttps://www.blogger.com/profile/09688616617444359647noreply@blogger.comtag:blogger.com,1999:blog-11306845.post-1133907806427371042005-12-06T17:23:00.000-05:002005-12-06T17:23:00.000-05:00Revenant,Quick clarification of the law.. once a w...Revenant,<BR/><BR/>Quick clarification of the law.. once a woman reports a rape, it isn't up to her whether to press charges or not. Rape victims are considered a witnesses to a crime. The DA and only the DA can press charges in a rape case. So, of the women that report rape, few cases go to trial, not because the women don't want them to, but because the DA didn't think the case was win-able and/or likely to score them political points.<BR/><BR/>ZAnonymousnoreply@blogger.com