Sunday, December 10, 2017

No means Yes...Unless a you're looking for Justice

      As 2017 comes to a close, the United States media has contained a plethora of stories concerning rape and assault victims who have forward to discuss their experiences. Many high-profile celebrities have been accused of terrible crimes, with victims’ narratives containing traumatizing and debilitating events that have altered the course of their lives forever. However, as these brave survivors have stepped forward to share their stories, many have questioned why they waited such a long time before reporting these occurrences.
      After any crime occurs, most assume that the next logical step is to report it to the police, eventually resulting in the arrest of the assailant. For victims of the crime of rape, however, this process can look very different.
      Rape, unlike other crimes, carries many social stigmas and stereotypes that present challenges for victims at every level of investigation, prosecution, and recovery. For example, cases of rape have one of the highest levels of unfounded rates among any person on person crime. An unfounded case refers to the incidents when police choose not to pursue prosecution for “various reasons,” such as lack of “substantial evidence or a baseless claim.” As discussed by Jody Raphael in her book Rape is Rape, a study conducted in 2008 found that while 1.5 and 1.0 percent of burglary and robbery cases were deemed unfounded, rape cases were almost six times that with 5.8 percent of all rape cases resulting in an unfounded status.
Photo Courtesy of Buzzfeed

      This data shows a clear barrier that arises when police, and society in general, are faced with cases of rape. The problems first arise in relation to George Herbert Mead’s Symbolic Interactionism Theory. Rape has evolved to carry a very stigmatized meaning, which alters the way police would traditionally approach a crime. When police are first presented with a case of rape, they are immediately reminded of all of the symbolic stereotypes that surround the crime, such as assuming the victim acted in a particular way to provoke the attack. These meanings are derived from the interactions with others and the social conditioning that occurs while living in a society that promotes rape culture (9/7 Lecture). As a result the various stereotypes tied to rape, the police will assume the claims to be unfounded, furthering the negative perceptions of the crime.
      Because we are living in a rape supportive society, all people, including police officers, have been socialized to dismiss rape and distrust (9/14 Lecture). One aspect of the unwritten rules of rape culture that individuals learn is to constantly question the validity of rape victims claims. Victims are never to be fully trusted and are often treated as if they are on trial, rather than the assailant. This reality could explain the high numbers of unfounded rape cases as the police have been conditioned to disregard the claims of victims. They then possess a propensity to view victims’ allegations as baseless and be less motivated to collect evidence.
      Rape culture is deeply entwined in all areas of society and this reality only grows worse as more individuals are socialized to find rape acceptable. This, as well as the symbolically charged nature of the concept of rape, creates many issues for victims in pursuit of justice, as seen with the rates of unfounded cases.

1 comment:

  1. The power of the police in this context reminds me of The New Jim Crow and how much control police have over how justice is (or often isn't) pursued. I wonder how we can address rape culture and therefore stop shaming survivors for seeking justice. Obviously we need a massive cultural shift in terms of our attitudes about sexual assault, and I think the Me Too campaign is helping with that, but I also worry that the campaign links assault and harassment so closely that people may begin to conflate the two. While they are related, they are extremely different.
    This post deals with a very important topic that is finally getting the attention it so desperately needs.

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