Against Our Will: Men, Women, and Rape (103 page)

1. THE BEAUTIFUL VICTIM
   

   "This
   is the oppressor's language": Adrienne Rich "The Burning of Paper Instead of Children," The
   Will
   to Change, New York: Norton, 197i.
   

   pudenda, meaning "parts of shame": Augustine, City
   of
   God,
   Book
   

   14, Chap. 17.
   

   Footnote, Love Story heralded as "Return to Romance": Time, Jan.
   

   11,
   1971, cover, pp. 40
   ff.
   

   CONFESSIONS: "HE MADE ME DO IT!"
   

   confession-magazine statistics: Author's interview with Johanna Roman Smith, Editor, Personal Romances, New York City Mar. 1972.
   

   Footnote, "Comic books create sex fears": Fredric Wertham, Seduc tion
   of the
   Innocent, New York: Rinehart
   &
   Co., 1954, p. 185.
   

2. VICTIMS:
   THE
   CRIME
   

Note:
Testimony from rape victims that is interspersed throughout this chapter comes from the following sources: New York Radical Feminist Speak-Out on Rape, St. Clement's Episcopal Church, New York City, Jan. 24, 1971; New York Radical Feminist Conference on Rape, Washington Irving High School, New York City, Apr. 17, 1971; New York Radical Feminist-National Black Feminist Organization Speak-Out on Rape and Sexual Abuse, Junior High School 104, New York City, Aug. 25, 1974. Additional testimony supplied by rape victims interviewed by the author, and. from the following printed sources: Women: A Journal of Liberation, Baltimore, Vol. 3, No. 1,
I?·
i8; Nancv Gager Clinch and Cathleen Schurr, "Rape,"
The
Washingtoman, June 1973; transcript of "The Rape Tape," produced by the Under One Roof Women's Videotape Collective, in Noreen Connell and Cassandra Wilson, eds., Rape: The First Sourcebook for Women, New York: New American Library Plume Book, 1974, pp. 46-53; Karlyn Barker, "She Felt Like a Defendant: Rape Victim Calls Jury Verdict 'Preposterous,' " Washington Post, Dec. 2, 1972, p. E-1.

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age of victims in Washington study: Charles R. Hayman et al., "Rape in the District of Columbia," presented to the 99th Annual Meeting, American Public Health Association, Minneapolis, Oct. 12, 1971 ( mimeo ) , p. 5.

age of victims in Philadelphia study: Menachem Amir, Patterns in Forcible Rape, Chicago: University of Chicago Press, 1971, pp.

51-52.

students comprise largest victim group in Memphis: Brenda A. Brown, "Crime Against Women Alone," a System Analysis of the Memphis Police Department Sex Crime Squad's 1973 Rape Investi gations, May 18, 1974 ( mimeo), p. 9.

"ecologically bound" offense: Amir, pp. 87-94.

George Washington University case: Barker, "She Felt Like a De fendant," Washington Post, Dec.
2,
1972, p. E-i.

Eleven rapes reported at Berkeley: Federal Bureau of Investigation,

Uniform Crime Reports ,1972, p. 257.

relationship of victims to rapists: Donald
J.
Mulvihill et. al., Crimes

of
Violence, a staff report to
the
National Commission on the Causes and Prevention of Violence, Washington: U.S. Government Print ing Office, 1969, Vol. 11, p. 217.

"If
a woman is attacked": Crimes
of
Violence, Vol.
11,
p. 219. percentage of strangers committing other violent crimes: Crimes of
Violence,
Vol.
11,
p. 217.

percentage of "founded" rapes committed by strangers in Memphis: Brown, p. 10.

"The closeness of the relationship":
Ibid .

"frequently complicated by a prior relationship":
UCR,
1973, p. 15. definitions of victim precipitation: Crimes of Violence, Vol.
11,
pp.
224-229.

comparative percentages of victim precipitation: Crimes of Violence, Vol. 11, p.
226.

one-quarter of all reported rapes not completed:
UCR,
1973, p. 13. Footnote, difference in interpretation between commission's staff report and Amir study: Crimes of
Violence,
Vol.
11,
p. 228; Amir, pp.
26o,
266.

Footnote, traces of sperm may disappear: Frederick P. Bornstein, M.D., "Investigation of Rape: Medicolegal Problems," Medical Trial Technique Quarterly, 1963,
p.
233.

Amir on victim resistance: Amir, pp. 166-171,
226.

Boston City Hospital study: Ann Wolbert Burgess and Lynda Lytle Holmstrom, "The Rape Victim in the Emergency Ward," American Journal of Nursing, Oct. 1973, pp. 1740-1745.

"It seems that when confronted": Amir, p. 169.

Boston Strangler's victims: Gerold Frank, The Boston Strangler, New York: NAL Signet, 1967, pp.
272,
355.

case of Richard Speck and eight student nurses: Colin Wilson,
A

Casebook
of
Murder, London: Leslie Frewin, 1969, pp. 243-247. "Forcible rape is one of the most falsely reported": George
T.
Pay ton, Patrol Procedure, Los Angeles: Legal Book Corp., 1967, p. 312. Memphis study, prostitutes: Brown, pp. 9-10.

NYC Rape Analysis Squad found only
2
percent of complaints were false: "Remarks of Lawrence H. Cooke, Appellate Division Justice,

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SOURCE NOTES
I
445

Before the Association of the Bar of the City of New York," Jan. 16, 1974 (mimeo), p. 6.

same false-report rate that is usual for other felonies: Ibid.

yardsticks that policemen use to "found" a rape: "Police Discretion and the Judgment That a Crime Has Been Committed-Rape in Philadelphia,"
University
of
Pennsylvania
Law Review, Vol. 117 (Dec. 1968), pp. 277-322.

"It appears impossible not to conclude": "Police Discretion," p. 304. ". . . at least
50
percent of the reported rapes are unfounded": "Police Discretion,". p. 279 n.

". . . an accusation easily to be made": Matthew Hale,
History
of
the
Pleas
of the Crown, Philadelphia: R. H. Small, 1847, Vol. I, p. 634. '

"An old saw": Camille
E.
LeGrand, "Rape and Rape Laws: Sexism in Society and Law,"
California
Law Review, Vol. 61 (1973 ), p.

932.

California's jury instructions: Ibid.

"Modern psychiatrists have amply studied": John Henry Wigmore
Evidence in Trials
at Common Law ( 1940), revised by James H. Chadbourn, Boston: Little, Brown, 1970, Vol. 3A, p. 736 ( S924a ) .
It
is significant that this paragraph did not appear in Wigmore's 1923 edition, published before the popularization of psychoanalytic theories. Wigmore concludes ( 1940 ) , "No judge should ever let a sex offense charge go to the jury unless the female complainant's social history and mental makeup have been examined and testified to py a qualified physician."
In
1937-1938, he records, the American Bar Association's Committee on the Improvement of the Law of Evidence passed a similar resolution.

chastity standard in statutory rape: Earle G. Prevost "Statutory ape: A Growing Liberalization," South Carolina Law Review, Vol. 18 (1966), pp. 254-266; "Forcible and Statutory Rape: An Exploration of the Operation and Objectives of the Consent Stan dard," Yale Law Journal, Vol. 62 ( Dec. 1952), pp. 55-83; Isabel Drummond, The Sex Paradox:
An
Analytic Survey
of
Sex and the Law
in
the United States Today, New York: Putnam, 1953, pp. 101-103; Samuel G. Kling, Sexual Behavior and the Law, New

York: Bernard Geis, 1965, pp. 216-218.

age of consent changed in Delaware from 7 to 16: By telephone from John Denney, Deputy Attorney General, Wilmington, Feb. 18, 1975.

"Evidence of the complaining witness's consent": Yale Law
Journal,

Vol. 62 (Dec. 1952) , p. 59·

corroboration: "The Rape Corroboration Requirement,"
Yale
Law Journal, Vol. 81 (June 1972), pp. 1365-1391.

results of corroboration. requirement in New York City: "Remarks of Lawrence H. Cooke," pp. 1-2.

corroboration requirement dropped: David A. Andelman, "New Law on Rape Signed by Wilson, Corroboration No Longer to be Needed,"
New York
Times, Feb. 20, 1974; Conn.: "Meskill Signs a Rape-Corroboration Act Repealer," New
York Times,
May 7, 1974; Iowa: confirmation by telephone from Roxanne Conlin, Assistant Attorney General, Des Moines, Feb. 18, 1975.

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prosecutors seldom bring a rape case to trial without some form of corroboration: "The Rape Corroboration Requirement," pp.
1382-1383.

"Today most states hold":
Yale
Law
Journal,
Vol. 62 ( Dec.
1952),

pp.
56-57.

". . . the jury is an ally": "Remarks of Lawrence H. Cooke," p.
10.
rape ranks second to murder in defendant preference for jury trial: Harry Kalven and Hans Zeise!,
The
American
fury,
Boston: Little, Brown,
1966,
p.
26.

"The law recognizes only one issue": Kalven and Zeise!, p.
249.

bootlegging concepts: Kalven and Zeise!, p.
243.

"The jury's stance": Kalven and Zeise!, pp.
250-251.

verdict pattern for "simple rape": Kalven and Zeise!, pp.
2 52-254.

12. WOMEN FIGHT BACK

Note: Suggestions for changing the laws on rape that appear in this chapter reflect my own thinking; however, model codes and legislative proposals that originated elsewhere helped to clarify my views and provided me with new insights: Lee Cross et al., "Report of the District of Columbia Task Force on Rape," submitted to the D.C. City Council, Washington: July
9, 1973 (
rnirneo); Jan BenDor et al., "Background Material for a Pro posal for Criminal Code Reform to Respond to Michigan's Rape Crisis" and other material relating to Senate Bill
1207,
Ann Arbor: Michigan Women's Task Force on Rape,
1974
(
rnimeo) .

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"a young Virgine, daughter to Mr. Adam Fisher":
A
Blazing
Starre Seene
in the
West, London: Jonas Wright,
1642
(Joseph Arnold Foster, ed., Reprints of
English
Books,
1475-1700,
Ingram, Pa.:
1939,
No.
20 ) .