RAPE: ROUND TWO

The first decision a woman must make if she has been raped is whether or not to report the crime to the police. The choice must be made quickly for a delay in reporting to the police arouses suspicion on their part; also a rape victim's entry into the emergency room of a hospital is automatically reported to the police. If the police are called to the hospital, however, the victim still has the option of not pressing charges if she should choose that route. But time is short and a person who has been attacked and threatened is in a highly emotional state which is not particularly conducive to rational. decision making.

There are many factors to be considered in determining whether to report the crime. The decision many women reach is based on their own position and circumstances besides those of the rape. Many black women feel that it is a losing battle to report a rape to a traditionally racist justice system. In the past it was a common belief in the white community that a black woman "could not" be raped. And though times have changed it can still be more difficult for a minority woman to go through the legal process though it is certainly not impossible. Since there are now some black judges including two black women in the Cleveland courts, chances of getting fair treatment are much better now than ever before.

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A major problem facing a female rape victim when she goes to the police is the fact that some women, for various reasons, make false accusations of rape against men. This kind of situation occurs in the minority of cases but its effects have taken their toll on male police, jurists, judges and prosecutors who perhaps fear such accusations being brought against themselves. At the Rape Crisis Center each woman who calls to report a rape is listened to openly and taken at her word.

Even the Rape Crisis Hotline has been duped a couple of times but the legitimate calls so far outnumber any others that it has not aroused any skepticism on the part of volunteers. It seems that the police, however, who are in constant contact with people who have complaints do become hardened and skeptical. In our zeal as victims and potential victims of rape it is important to remember the need for an accused assailant's right to justice. But there are many cases in which a woman is vicious ly raped and is able to identify her assailant; yet she finds the law seems to lean in favor of the person who committed the crime. The already demoralized victim is further brutalized by the frustration of trying.to prove her

case.

The most common defense for an accused rapist is that the victim was willing. If the slightest doubt can be cast on the woman during the course of the trial it is likely that the al-

leged attacker will be released. In the state of Ohio, as in most other states testimony concerning the victim's past sex life is admissable in court. It is a favorite device on the part of the defense attorney in these cases to do everything possible to upset or discredit the victim

so that her testimony will not hold much weight. And if he or she did not resort to such tactics "he wouldn't be any good as a defense attorney," comments Violet E Novak, head of the Women's Bureau of the Cleveland Police Department. In most cases it comes down to the victim's word against the assailant's so any effort to destroy the credibility of the victim is a highly effective defense. Only if the prosecuting attorney is able to prove that the assailant had a gun or a knife, or if the victim suffered bodily injury, does the victim stand a good chance of getting a conviction. Or if the defendant is accused of attacking more than one person and if several of those persons are able to identify him and are willing to testify and press charges the case is much more easily won by the victim.

But the defense attorney tactics are used at a time when a rape victim is least able to handle psychological assaults and many bow out of the judicial arena before the case is settled. The high attrition rate on the part of victions has caused further skepticism on the part of the police who at times work hard finding an accused assailant only to find that the charges have been dropped. This definitely affects their motivation in dealing with rape cases. On the other hand sometimes the long drawn out process with line-ups and postpone ments is more than a distraught victim is able to withstand psychologically.

The state of California this fall led the way in eliminating some of the scandal tactics in rape trials by not allowing the victim's past sex life to be used as evidence except as it relates directly to the defendant. A similar bill is under consideration in the New Jersey state legislature. lowa's rape law prohibits the use of testimony concerning sexual experience more than a year prior to the accused rape, except in relation to the defendant. The rape laws that have been and are being changed in other states have emerged as a result of pressure from women's groups which have banded together not in a vindictive effort to turn the pendulum in their favor but in an attempt to guarantee the victim, as well as the defendant, a fair trial.

Despite the difficulties that can be encountered in the justice system many people, from women's groups to men participants in the system, feel that reporting rape and following through on the charges is the best defense a woman has for herself and for other women. "If a rape is to be seen as something more than a locker room joke, it must be reported," states one book on rape put out by another crisis center. Marion Kaszewski, Chief Administrative Assistant for the Cuyahoga County Sherriff's Office strongly advocates women bringing rape cases into the courts. Kaszewski, who has a locked filing cabinet full of closed sex offense cases, and a mental storehouse of horror stories about them, spends a great deal of his time tracking down and talking to persons accused of rape. He stresses the fact that rapists are repeaters and if not caught they

will undoubtedly continue the practice. He also points out that it is easier to apprehend a rapist if everyone reports the crime since he has probably either already raped someone else or will in the near future. Rapists tend to stick to a method of operation which works so that they end up creating a recognizable pattern which if reported, can be followed by police. He may repeat the same phrase or use the same approach with all of his victims which makes him more easily identifiable.

The most effective deterents to crime, says Kaszewski, are a potential law breaker's fear of apprehension, prosecution and punishment. Of course none of these can take place if the crime goes unreported. At present, however, rapists. are generally given relatively light sentences, and as in a recent local case, a man convicted of raping four women was considered for shock probation after serving only five months of his term. Under the present circumstances most rapists probably feel that they can get away with the crime --and in most cases they are right. If women start to report rape more consistantly the chances of getting the backing of of the police and the courts are much better. Even on a national level, rape is the least report. ed and least punished of all violent crimes.

A new program which should make passage through the justice system somewhat easier is the Cleveland Municipal Court's Victims Program. It is funded by the Criminal Justice Coordinating Council for an 18 month period with the idea of assisting victims of crime who request help. A brand new program run by three women, it will initially aid only rape victims who may be referred to them by the Women's Bureau or the Sex Crimes Division of the Cleveland Police. The program will later be expanded to aid all victims of crime. Acting Director of the program is Carla Streepy who will be working with two counselors, Una Keenon and Grace Kilbane. Streepy describes the program as an attempt. to bring some humaneness into the justice system. They also plan to offer medical and psy. chological referrals for victims who express the need for them. The unique program was aided in its inception by Municipal Court Judge Sara J. Harper who also wrote the proposal for its funding. (For more information call 621-5980).

Another potential source of aid to some rape victims in Cuyahoga County is a suit which was brought against the county Prosecutor's Office in November. The suit, filed by Legal Aid lawyer, Doug Rogers, charges the Prosecutor with maintaining the policy of never bringing charges when a complaint. is brought by a woman aginst her husband or ex-husband, or her boyfriend or former boy. friend. By law, a woman cannot be raped by her husband, but women are at times the victim of sexual attack by a former boyfriend; yet the chances of proving such a case or even pressing charges are almost non-existant. If this suit is won, it will help bring to an end one aspect of court-condoned brutalization of women. Here again, the defense of the Prosecutor's Office is that women are not always truthful in their accusations. There are many, however, who are truthful and it is essential that the justice system take the time to determine the truth.

page 1 What She Wants/ Junuary 1975