My study is about whether there are sufficient disclosures in rape cases to allow for a conclusive investigation and thus a fair judgement. According to Patterson (2012), only a few of reported rape cases are prosecuted in the legal system. Patterson (2012) in his study, identifies that the manner of evidence gathering by detectives is a key determinant of whether or not the rape victim generates strong statements that could lead to a strong case in court. Indeed, in their study involving 20 women who were rape victims, there was sufficient evidence that the level of disclosure by a rape victim is primarily pegged on the manner in which the interview with the detectives is conducted. Intensive literature evidence indicates that this is only but one of the many reasons that rape cases don’t reach maturity or are dropped before even a prosecution begins. Lazar (2015), identifies among other reasons, late reporting by victims, as the causative reasons for collapse of rape cases especially within relationships. My hypothesis that various factors hinder a fair disclosure in rape victim cases is consistent with the findings of Raj & McDougal (2014). In their research, they found that in India, there has been a sharp rise in reporting of rape incidences, a fact attributable to better support for victim disclosure. India has the lowest prevalence of sexual violence cases globally at only 8.5% (Raj & McDougal2014). However, due to the large population of India, this is still a huge number accounting for over 27m women affected by rape. Shockingly, only 1% of these rape cases are reported to law agencies partly due to the fact that marital rape is not a crime in India but more due to fear of disclosure due to trauma and stigmatisation upon the news going public. However, after installation of proper victim support during disclosure, the percentage has sharply risen over time even though gang rape cases continue to rise (Raj & McDougal2014).
In all these reference cases, there emerges a need for an extensive study as to whether even in the cases that proceed to prosecution, there are sufficient disclosures by the victims. A thorough analysis is needed, one that will comprise among other things a study of the cultural treatment of rape cases across various geographical and social boarders. In India for example, among the countries with high prevalence for gang rape, it is not a crime in law when a married man rapes his wife or when they commit whatever act of sexual violence (Thakur & Singh 2015). This is sharply contrasted by the situation in the US, for example, where sexual violence is treated with great severity and where partners freely report abuse by their lovers. The situation is the same in most other progressive democracies but there is still insufficient documentation of whether sufficient disclosures happen in rape cases and the bearing of this on the prosecution of the cases. This among such other reasons as stigma and gender subjugation is the premise of my hypothesis that there are insufficient disclosures in rape cases and this affects access to justice by victims.
References
Lazar, R. L. (2015). Vindictive Wife: The Credibility of Complainants in Cases of Wife Rape, The. S. Cal. Rev. L. & Soc. Just., 25, 1.
Patterson, D. (2012). The impact of detectives’ manner of questioning on rape victims’ disclosure. Violence against women, 1077801211434725.
Raj, A., & McDougal, L. (2014). Sexual violence and rape in India. Women 2001, 124.
Thakur, R., & Singh, S. (2015, November). Reality and Need for Criminalization of MARITAL RAPE: Does the right of HUSBAND overshadow that of WIFE?. In Proceedings of International Academic Conferences (No. 3105435). International Institute of Social and Economic Sciences.
