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Discussion Thread Rape and Statutory
Crime
Criminal Justice Research and Writing (Liberty
University)
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Sex offenses are tough to prosecute for gender justice campaigners around the world. Gender
justice advocates around the world are struggling to prosecute sex offenses. For this reason,
SAHR is committed to solving these problems, which vary from a lack of professional expertise
to deeply entrenched patriarchal standards, by employing a victim-centered approach. A dearth of
highly qualified legal representation: There is no specialized training for prosecutors and judges
on how to deal with sexual assault victims and how to communicate effectively with them.
Preconceptions and misconceptions are used by judicial actors instead of facts. The disregard for
proof of trauma, which is critical in sentencing, is also a problem. There are several ways in
which survivors who speak up are disregarded, mocked, questioned, or just not heard in the court
system. A survivor-centered approach is so critical and essential because of this. Training on how
trauma affects victims of violence is provided by Strategic Advocacy for Human Rights
(SAHR), which aims to ensure that authorities and defense attorneys do not inadvertently re-
traumatize survivors through insensitive questioning and that crimes are prosecuted thoroughly.
It is possible that the lack of convictions is due to the way we view rape as an offense. There are
challenges in meeting the burden of proof in a situation where "he says, she says." An assault on
a woman's sexuality can be proven solely through her statements to the police. In cases where
the alleged perpetrator denies any wrongdoing, it might be difficult to prove the veracity of the
complaint and the lie of the defendant. As a result of the #MeToo movement, prominent men
were ignoring accusations from many victims and even sued their accusers for speaking out
publicly. Our society has a fundamental misunderstanding of what constitutes a normal rape and
a credible claim.
Three forms of patriarchal norms exist.
Rape and sexual assault of women, the ultimate form of patriarchal violence, is tried and
punished within a patriarchal system. To put it another way, the legal system was established by
men for men. It doesn't address the needs of survivors because it wasn't created for them in the
first place. According to a new study by the Crown Prosecution Service (CPS) in the United
Kingdom, young males (18-24 years old) are less likely to be convicted of rape than older men.
We must educate juries, who look reluctant to punish young men in their early adolescence for
serious sexual assault, to secure verdicts.
Changing the patriarchal mindsets that lead to an environment of lawlessness is the goal of
SAHR, a human rights advocacy group. We believe that all cases of sexual and gender-based
violence should be thoroughly investigated and prosecuted.
A Strictly Defined Rape
Because rape has a narrowly defined legal term, perpetrators of sexual assault face lenient
consequences. As opposed to consent, the phrase "sexual assault" here refers solely to acts of
force or coercion. In our discussion with Maria Hervas, we used the Wolfpack as an example.
Since the five men charged with sexual assault did not force the victim, their conduct could not
be categorized as rape under Spanish law. This means that they were not convicted of sexual
assault. An emphasis on the survivor's experience minimizes any ambiguity that can arise from
using force. Our "Tactical Approaches to Prosecution" training aims to promote survivor-
centered legislation and practice of law through SAHR's efforts. The goal of our program is to
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train human rights attorneys and defenders on how to effectively litigate cases, challenge
prejudice and prejudices in different judicial systems, and dispel harmful notions that affect rape
cases.
Blaming others for one's misfortune
Victim-blaming refers to the tendency to hold the victim, rather than the perpetrator, responsible
for a sexual assault. Common symptoms include asking the victim what they were wearing if
they had consumed alcohol, or how they fought back. Assaults can come in many forms, and
they can sometimes be subtle. As a result of victim-blaming, sexual and domestic abuse victims
are reluctant to come forward. As a result, when cases do go to trial, the perpetrators often
receive less severe sentences. Concerns concerning why offenders continue to commit sexual
assault should be asked instead of focusing on the intricacies of victims' behavior.
Specialist legal counsel is in short supply
There is no specialized training for prosecutors and judges on how to deal with sexual assault
victims and how to communicate effectively with them. Preconceptions and misconceptions are
used by judicial actors instead of facts. The disregard for proof of trauma, which is critical in
sentencing, is also a problem. There are several ways in which survivors who speak up are
disregarded, mocked, questioned, or just not heard in the court system. A survivor-centered
approach is so critical and essential because of this. Training on how trauma affects victims of
violence is provided by Strategic Advocacy for Human Rights (SAHR), which aims to ensure
that authorities and defense attorneys do not inadvertently re-traumatize survivors through
insensitive questioning and that crimes are prosecuted thoroughly. The lack of convictions may
be due to the way we as a society view rape as an offense. There are challenges in meeting the
burden of proof in a situation where "he says, she says." An assault on a woman's sexuality can
be proven solely through her statements to the police. In cases where the alleged perpetrator
denies any wrongdoing, it might be difficult to prove the veracity of the complaint and the lie of
the defendant. As a result of the #MeToo movement, prominent men were ignoring accusations
from many victims and even sued their accusers for speaking out publicly. Our society has a
fundamental misunderstanding of what constitutes a normal rape and a credible claim.
Narrowly Defined Rape
Because rape has a narrowly defined legal term, perpetrators of sexual assault face lenient
consequences. As opposed to consent, the phrase "sexual assault" here refers solely to acts of
force or coercion. In our discussion with Maria Hervas, we used the Wolfpack as an example.
Since the five men charged with sexual assault did not force the victim, their conduct could not
be categorized as rape under Spanish law. This means that they were not convicted of sexual
assault. An emphasis on the survivor's experience minimizes any ambiguity that can arise from
using force. Our "Tactical Approaches to Prosecution" training aims to promote survivor-
centered legislation and practice of law through SAHR's efforts. The goal of our program is to
train human rights attorneys and defenders on how to effectively litigate cases, challenge
prejudice and prejudices in different judicial systems, and dispel harmful notions that affect rape
cases.
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There Is a Justice Disparity Among Males and Females
As the aforementioned arguments demonstrate, the legal process does not prioritize the needs of
survivors. This includes a lack of support following the incident, challenges in acquiring
evidence and limiting definitions of rape and rape, as well as limited opportunities for
intervention in the investigation and trial, re-traumatization in the courtroom, and jury bias. This
scenario is referred to as the Gender Justice Gap. One reason women have so much trouble
getting the justice they deserve is because of all the obstacles they face in their quest for equality
and equality for everyone. The mission of SAHR is to eliminate inequities in the law against
women. We take a feminist approach to the law. Justice for all victims is at the heart of our
efforts to redefine and reimagine the legal system.
Considering recent events, many people are wondering why sexual assault cases are so difficult
to prosecute. Even though date rape charges are difficult to prove, it is not because of a lack of
effort by the legal profession to do so. Even when a victim knew the perpetrator before the
incident occurred, establishing their allegations in court becomes even more difficult because of
these inherent obstacles. Sexual assault or rape is the most common form of assault or rape. 84%
of women who were raped or attacked were aware of their attackers, and 5% of college women
are victims each year. However, the true number may be far higher because many attacks and
rapes are not reported. Despite widespread calls for more reporting and an increase in the
number of cases coming to light, it remains difficult for victims to obtain the justice they deserve
in a court of law. A fair judicial system necessitates a jury of peers, but jurors' personal bias and
skepticism make the system fundamentally flawed. During the trial, jurors aren't confronted with
these cases in isolation. Even the most accurate evidence is distorted by the jurors' own personal
experiences with sexuality in the workplace.
As a result, even though a quarter of all college-age females are sexually assaulted, males are
skeptical of uncorroborated sexual assault allegations. However, whereas no one doubts whether
a burglary victim asked to be robbed, many jurors assume that many women proactively seek out
attacks. Even jurors who are not biased against sexual assault victims are disturbed by the
said/she said nature of such accusations. Only the victim and the attacker are usually present
when a crime is being committed. Many people have assumptions about what rape victim looks
like and how they act, which makes them untrustworthy witnesses. Even when a woman who has
been raped appears to be able to maintain her composure, juries frequently conclude that she is
fabricating evidence.
It takes a lot of guts to make such a claim, and unfortunately, many of these occurrences go
unreported. It is possible that the delay in reporting an attack could be due to several factors,
such as humiliation and fear, but jurors nevertheless place a high value on the delay in reporting.
Many victims of crime have no idea they've been harmed, as the statistics show. As for judges
and jurors, they see the delay as refining of a motive or an attempt to tell a story.
"If a man find a damsel that is a virgin, which is not betrothed, and lay hold on her,
and lie with her, and they be found; Then the man that lay with her shall give unto the
damsel’s father fifty shekels of silver, and she shall be his wife; because he hath
humbled her, he may not put her away all his days.” [Deut. 22:28-29]
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References
S. (2021, December 15). Why is it so Hard to Prosecute Sex Crimes? - SAHR.
Medium. https://medium.com/@SAHR_org/why-is-it-so-hard-to-prosecute-
sex-crimes-
536ec2137669
Deuteronomy 22:28–29 (NIV). (2022). Bible Gateway. https://www.biblegateway.com/passage/?
search=Deuteronomy%2022:28–29&version=NIV
