Washington Week: Student Voices (O)

COLUMN: Criminalizing the victims is plain wrong
By Lenie Adolphson
Daily Egyptian (Southern Illinois U.)
04/27/2006

(U-WIRE) CARBONDALE, Ill. — The Duke University lacrosse team rape allegation graphically illustrates the inherent problems with bringing rape charges. This case is a classic example of why so many rape victims refuse to come forward.

Most women are terrified of the scrutiny that they will undoubtedly face upon making a rape charge. The reprisals of bringing a case against the admired and celebrated are great. However, it's not just those who accuse the rich and famous of rape. Women, in general, face extreme pressure and scrutiny for bringing rape charges.

While the Duke case has not been adjudicated, the media has demonstrated that accusers, especially those with a "checkered past," face an uphill battle in terms of defending their own reputation. The social control of women's sexuality has always been an important issue.

In the Duke case, the accuser is an exotic dancer - the very nature of her business revolves around sexual titillation. Unfortunately, it seems many consider rape an unpleasant feature of the job of a dancer. In no other profession would the victim or accuser endure ridicule and humiliation. For example, no one would blame a Brinks security driver for driving around with thousands of dollars tempting poor people, nor would we hold a homeowner responsible for his or her own burglary simply because of their valuable possessions within the home.

It is admirable that feminists, progressives and many in the law enforcement community have fought to end the criminalization of the accuser. The courts have instituted rape shield laws that prevent the sexual history of the accuser from being used against the accuser. However, in many cases the sexual history somehow leaks out and the community characterizes the accuser as a "slut."

In the Duke case, television attorneys have openly stated that this is a "dream case" for a defense attorney. An accuser who is a stripper and who has a criminal background will be torn apart on the witness stand. While defense attorneys should zealously defend their clients, most of the "tearing apart" occurs even before the trial ever begins.

Recently, the father of the accuser in the Duke case stated that she may refuse to testify and is now considering withdrawing the charges completely. The issue is even more glaring when women have had several sexual partners in the past.

Despite the efforts made by able prosecutors to try these cases, for many women the entire process is just another extension of the rape itself even though it is well established that rape is not sex. It is a violent act that establishes power and control over the victim.

Nevertheless, there is still a segment of the population that views sex and rape as interconnected. Sexually active women who bring rape charges recieve very little sympathy. A clear example of this was Kobe Bryant's accuser. She discovered very quickly that bringing charges against a famous figure spelled disaster for her reputation. Suddenly, her sex life was the issue and not the alleged attack.

It is as if only certain women can be legitimate victims. Bryant's accuser's entire sexual history was immediately revealed and her sexual activities that very night were revealed before the entire world. All of the intimate details were laid bare before the media. National scandal papers such as the "Globe" and the "National Enquirer" revealed her identity.

It is certainly a fact that there are women who are dishonest and have outright lied about rape, and these individuals should be prosecuted for such a gross deception. However, it seems unlikely that the vast majority of women would choose to face the storm of condemnation that awaits them in the courtroom and the peering eye of public disparagement.

While, it is unknown what the outcome will be in the Duke rape case, it is clear that the shame and degradation that the accuser will face is enough to cast an ugly stain over the entire process — this indeed is almost worst than the actual attack.

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