<p>I am not shocked, unfortunately, by the Rolling Stone article. Rape had been a problem from the beginning of time, and where there is a gang, so is gang rape. It happens at a lot of places.</p>
<p>Here is the problem with going after someone with a rape charge: evidence, due process, the legal system. In a situation where there are just two involved–the alleged rapist and the victim, proving that there was a rape is virtually impossible when it is not a stranger rape situation. The argument that a victim would not cry “rape” if it were not true, simply does not stand up in a court, and is possibly not true. Yes, there are those who have sex, and then due to the way they were treated during and afterwards, claim rape when there was consent involved. Proving that the consent is not there is very difficult. If demonstrated injury is shown, that can be evidence of assault of sort, but to prove one was forcibly raped in many scenarios is difficult. </p>
<p>If there is no relationship between the rapist and victim, it’s a lot easier. In the Fairfax rape case, that Jesse Matthews (alleged abductor of UVA student Hannah Graham), the woman was carrying groceries from a store, going to an apartment when she was assaulted and raped outside. She ran to a nearby apartement, police were called, rape kit used, hospital exam made, story given, and DNA collected. It is a match with Jesse Matthew’s buccal swab and the description the victim gave, police drawing fit. Also some throat/neck injuries were significant enough that attempted murder charges have been levied. If this victim shows up in court, I expect JM will be convicted.</p>
<p>What if the same woman had encountered JM, or other person, accepted an offer for a drink at his place, and then while there was raped, but without the grave injuries inflicted? Then it gets more tenuous. If she ran out of the apartment immediately, to a neighbor, had the police called, gotten the rape kit treatment, made the accusation right on the spot, there still may be a chance of the charges making it through the justice system. But even then, there as to proof beyond reasonable doubt that the rape occurred. If the alleged rapist claims that sex was consensual but, say afterwards, when he asked the woman to leave the apartment, called her a “ho”, laughed and made crude comments about the encounter and crushed any ideas that this was anything but a fling which angered the woman, it starts getting hairy. If no criminal record is found, no similar such accusation, and then lets say the woman has a history of having such flings, and no physical signs of being forced that withstands the test of evidence is there, what are the chances, this would make it as a conviction? </p>
<p>At a rape encounter group session, one woman had consensual sex, and when she decided to leave the premises, her partner decided he wanted more and raped her. He denies it. </p>
<p>These situations and even more where the stories come down to “she said, he said” make them frankly impossible to tell who is telling the whole truth. </p>
<p>The issue becomes more impossible when the rape is not reported for a period of time afterwards, and no physical evidence could be obtained. IMO, a gang rape is something that could have consequences to the perps, because that someone would submit to sex from multiple partner, one after another, is something that is not likely to fly. But one on one sex is a whole other story. Two people drink too much, have consensual sex, and then nasty remarks and some sobering up later, one decides it was a rape. </p>
<p>Blaming the victim has been an age old issue, It is, however, a valid issue in many situations. If you put yourself in a position where you can easily get raped, do not report it while there is physical evidence, not remember the particulars yourself because you drank too much, is this not something to impart to others to NOT do. Do not get incapacitated without trusted friends around with a pact that you stick together that evening. Do not go off on your own at night. Don’t take up bedroom invitations. The list can go on, in terms of protection. It’s not that I think less of the victim who fell into such situations; it’s the reality that certain decisions not only up the chances of being raped but also diminish the chances of getting a rapist.</p>