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UNT CJUS 4650 - Rape Accusers vs. Accused
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CJUS 4650 1st Edition Lecture 21 Outline of Last Lecture I. Rape DefinitionsII. Victims of Sexual AssaultIII. Date RapesIV. Victim BlamingOutline of Current Lecture V. Drug-Facilitated Date RapeVI. Incident PrevalenceVII. Accuser vs. AccusedVIII. Reducing the Threat of RapeCurrent LectureDrug-Facilitated Date Rape- Males surreptitiously administer “club drugs”—popular during early 90so Rohypnol—Roofieso GHB—Liquid ecstasyo MDMA—Ecstasyo Ketamine—Special K Large doses induce sedation and temporary amnesia-more so when used with alcohol. Can result in loss of consciousness.- Maximalists define “date rape drug” as any substance that renders the user incapable of saying “no” or asserting herself.- Drug-Induced Rape Prevention Act of 1996 imposed stiff penalties for sale or possession.- Education programs for awareness.- Maximalist Position vs. Minimalist Positiono Epidemic occurrenceso Least reported of all crimeso Not counting accuratelyo Difference between sexual assault and consensual sex- Minimalists question the “scourge”o Study in Great Britain reflected most date rapes were about binge drinking alone or combined with recreational drug use.These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.o Women “playing the victim” to avoid responsibility.o Even minimalists agree males should not take advantage of women when under the influence.Victims of Sexual Assault- Victim-Defending Perspectiveo Nothing erotic or suggestive could justify such a hostile acto Using force should not be confused with making love or engaging in sexo Rape is an act of “hate and anger,” not “love or lust”o Rape prevention efforts should not just be aimed at femalesIncident Prevalence- NCVS—In 2010, 44% reported their rape to the authorities—56% not reported.- In 2010, the number of reported rapes reached its lowest point since the late 70s.- Portrait of victimso Female late teens-early twentieso Unmarried, low incomeo Highest risk: black, unemployed, resides in large cityo 25% raped by strangers in 2010Controversy over Unfounded Accusations- Rape is unique crime: credibility of victim is key.o Safeguards must prevent honest mistakes and perjury/fraudulent allegations.o In the past, corroborative evidence was required: rape kits, DNA, hospital tests, etc.Accuser vs. Accused- 6th Amendment rights to wage a vigorous defense- Scottsboro boys led to Powell v. Alabama- New Rape Victim Rights Legislation- Several Defense Strategieso Eyewitness erroro Deny it ever happened-attack victim credibilityo It happened but consensual-she changed her mind after the event- Publicity and the Media- Rape Shield Lawso Victim previously convicted of prostitutiono If they have had consensual sex with the offenders beforeo If they have an incentive to lie- Force and Resistanceo Reasonableness standard— Degree of resistance that expresses non-consent candepend on circumstances.o Best Prevention Strategy: “Dual Verbal Response”– Calling out for help while simultaneously pleading with or threatening the attacker.- Corroboration: not required unlesso Victim is a minoro Previously intimate with offendero Did not promptly report crimeo Provides a version of events that is inherently improbable and self—contradictory- Forensic evidence ca corroborate a woman’s claim (i.e. rape kit), but…o Many rape kits are never analyzed due to old computer systems, lack of resources, low priority sexual assault cases, and understaffed labs with little storage spaceArrest, Prosecution and Adjudication- 50% of rapes not reported to the police- Reported if weapon used or injuries- 35% of those charged will have charges dropped- 3% will be acquitted- 61% convicted- Negotiated plea often justified as it pares accuser having to recount the crimeRape Crisis Centers- 24-hour hotline to connect victims with advocates- Accompany victims to hospital/police/prosecutor- Arrange for counseling- Arrange training to sensitize doctors, nurses, police officers, and assistant district attorneys about the needs and problems of the survivors- Arrange educational campaigns to raise public consciousness about the myths and realities of victims of sex crimes- Offers self-defense strategiesRediscovery of More Rape Victims- Wives raped by husbandso Wife has right to say “no”o Forcible rape of a spouse: 1st law passed in South Dakota, 1975o 1990: Every state provided no immunity if husband filed for divorce or separatedo Occurrences not known-lack of reporting- Sexually Assaulted Maleso NCVS reported about 15,000 males over the age of 11 were sexual assault victim in 2010o 9% of reported rapes in one study; male on maleo Males who are raped are highly unlikely to report the offense-grossly underestimatedReducing the Threat of Rape: Three Approaches- Blame the victimo Popular strategy of past, not todayo Encourage females to not precipitate the crime through careless, reckless, or provocative behavior- Blame the Offendero Predators are source of problem-remove them from society- Sociological Approacho Rape outgrowth of social conditions, cultural themes about women as sex objects for sexual gratificationo Real problem is patriarchal societyo Deterrence through incarceration teaches men a lessono Long term strategy is to deal with popular culture encouraging sexual behavior and must change attitudes about


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UNT CJUS 4650 - Rape Accusers vs. Accused

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