No other crime has such a failure rate when rapists are rarely punished.
No other crime is handled so badly by the criminal justice system than rape and no other serious crime is more under-reported.
No other crime has 98% of perpetrators being male and 94% of victims being women and children.
No other crime ignites such a sexist hostility against the victim
No other crime more clearly exposes the violent nature of male oppression of females
No other crime requires the Victim to independently gather evidence with the emphasis on Victims completing an examination by a competent examiner and the examination results tested by a forensic laboratory. This is a costly and lengthy procedure and due to the number of crimes many Rape Kits are never tested. Others can take up to two years and recently the US Government provided many millions of dollars to redcue the backlog
Why do rapists get away with it?
Most police and prosecutors often use the old saying that prejudice their progress “rape is a very easy accusation to make, but very difficult to prove” and also say that it lacks the usual kind of physical evidence available in other violent crimes. Some countries, like Japan, will not believe a victim if there is no physical injury because wouldn't the victim try to fight off the rapists. However what is ignored is that rape also has many investigatory advantages which other crimes lack. For example, in most cases the Victims can easily identify the perpetrator because they know them well. This is an enormous investigatory advantage.
Unlike victims of any other crime, rape victims are often subject to many social factors including myths and misconception. Hostilities against the victim are frequently bolstered by powerful institutions such as schools, churches, businesses, families, and authorities and in some places there are Status Of Forces Agreements. It's not at all unusual for the rapists to be actively protected by these institutions. In some countries the Victim may be arrested. Many victims are falsely accused of lying when statistics shows that although this does happen it is no more than any other reported crime (about 2%)
Law enforcement frequently excuses their poor record on rape by themselves attacking or pre-judging the victim. Such as “The victims won't cooperate; the victim was drinking; the victims have credibility problems; the clothing was provocative; etc. and after all of this negative approach they then say “the victims dropped out of the prosecution.”
Also so many police and prosecutors don't want to take on rape cases. They possibly are ill-at-ease with these cases, ill-suited and ill-recruited to handle these cases, and insufficiently trained in the unique investigatory techniques required for rape cases.
No victim is easier to make go away than a rape victim. Instead of protesting system mistreatment, most rape victims are so mortified and wounded by the additional trauma of being re-victimized by the people who are supposed to help, they retreat. One of the most maddening scenarios of a rape case is when the victim is mistreated by officials, the victim understandably retreats from the process, and the officials record this as it was proof that it was a “false accusation”, or that “the rape victim was uncooperative”, or many other factors.
Sadly, in many cases victims who are ignored, or falsely accused of lying commit suicide
Can it be better?
Rape can be solved as easily as any other crime, and many times more easily. It's just that the techniques required to solve rape cases are unique, and require the kind of law enforcement skills that are unfortunately the skills most ignored or devalued in the law enforcement culture. They believe that because there are only 2 person present the proof of consent is too difficult to decide. If the accused is rich and famous the victim is seen as opportunistic. If the victim is portrayed as promiscuous, or a professional sex-worker they are seen as not reasonable to complain. Imagine if such rules applied to theft and the victims is asked if they had ever given away money and if yes the would not be taken seriously.
As a crime, rape is in a class by itself; in the experience of the crime, in people's response to the victim, and in the law enforcement skills needed to investigate and prosecute the crime. More training is needed
Successful rape investigation depends not so much on forensics and physical evidence as it does on the ability of the investigator to communicate and partner effectively with the victims.
What are we doing?
Because of the unique course of most rape investigations our policy is to not criticize the current policies and those using them, but offer suggestions to simplify the process and work together with lawmakers, police and the judiciary, lawyers, investigators and other professionals, advising them of best practices. We identify what Jurists need to convict an accused and then simplify methods to obtain that information is a timely and cost-effective manner. We also remind governments that the current cost to society of each rape (not including the Victim’s cost in health etc.) is very high. Therefore, a simpler, more effective system will be cost effective.
Our role is be the Defenders of the Truth, Justice and Fairness and to be Protectors of the innocents.
We have been effectively lobbying for change and delighted that Japan is modernising a 107-year-old law. Our 21st Century Family Survival Guide is reaching out world-wide to identify risks and to offer helpful information to be safe