Although we might agree that rape is a crime, our criminal justice system does not take reports of rapes seriously or treat them as a crime. There are few vigorous investigations, few prosecutions, and even fewer convictions. Society often blames the victim – How was she dressed? Was she drinking? – and suggests the victim may have fabricated the report from whole cloth – despite estimates of false accusations ranging between 2 and 8%.
There is often a failure in empathy for victims who may lose their housing, employment, education, relationships, and ability to function on a daily basis. Often, judge, jury, and society are more concerned about the perpetrator’s reputation, as in concerns expressed about swimmer Brock Turner or Supreme Court Justice Brett Kavanaugh, than about the victims.
There is a striking disproportion between the severity of the crime’s lifelong consequences for survivors and the seriousness with which it is treated by society and, specifically, by the criminal justice system. It is this disparity I question. (p. 5)
In Is Rape a Crime, Michelle Bowdler described being raped (two strangers who entered her Boston apartment in the middle of the night, each raping her multiple times), interweaving her memoir with the research on rape and sexual violence. These rapes appeared to be the work of serial rapist; there was no question of the perpetrators’ intent or the harm incurred. Nonetheless, the detectives generated a single page of notes from their one interview of Bowdler and never processed the fingerprints obtained from her bedroom. Her rape kit was lost. She was never contacted by the Boston Sexual Assault Unit, even though it was set up two days after she was raped due to the large number of rapes recently reported.
In other words, everything that could go wrong, did.
Bowdler argued convincingly that her case was not the exception but the rule. Thousands and probably hundreds of thousands of rape kits have been lost or never processed throughout the US. Women – and men – have been blamed and ignored following reports. Rape “jokes” are still common.
There are probably several barriers to effective investigations of sexual assaults: time and resources, the discomfort that this crime causes all involved, and male (and racial and class) privilege. These are poor excuses. When interviewed for a police training video, Bowdler said, “Communicate what steps you took on the victim’s behalf even if you came up short. Investigate; do your job; update victims and check in with them. Don’t hide from them because you haven’t yet solved their cases” (p. 50). She asked that the police do their job and do it with empathy.
Several times Bowdler observed that she often put the people around her in difficult positions: Be there for me; no, leave me alone! Rape can impact victims’ ability to function on a daily basis, but it also impacts the experience of autonomy, control, and trust, thus damaging relationships. Although their requests may be confusing, people who have been raped need the same things that the rest of us need: “Kindness, asking permission to touch, awareness of the pain they might cause—every bit noticed when it was there, every bit noticed when absent” (pp. 178-179).
“You aren’t crazy; what happened to you is crazy.” (p. 266)