Friday, August 7, 2015

Neutrality does not exist in a rape case

Societal standards, most cultural commentators, and both official and unofficial precedent set by the justice system all will take the side of a rapist over the accuser. This is especially true when the accused is rich, white, famous and popular. By  saying "we don't know what happened" what we are saying is "she is lying."

Admitting to being raped is traumatic. Being raped is terrible. People who are raped often do not ever come forward because it makes them feel exposed and vulnerable. Coming forward about a rape means reliving this specific horror over and over for cops, doctors, nurses, and lawyers. Should this go to trial, the victim has to acknowledge that they're entire life is going to be examined. Especially when the victim speaks out against any person in power, their entire life will be torn apart. The public will defend the accused and harass the victim. 

Were they drinking? What were they wearing? Does the victim have a history of being promiscuous? By immediately assuming a rape allegation is a lie, you are making it increasingly difficult for other victims to be able to seek help when they are assaulted. When these questions are being asked, we are saying that there are instances that a person has the right to another person.

“Neutrality” is support for the accused. What facts are you waiting for? So what that only 32% of rape cases are ever reported, less so against the wealthy and the powerful. Maybe only 3% of cases in the United States are ever given to a prosecutor, just because there is enough evidence for this to beat the underwhelming odds of being given to a prosecutor judgment still needs to be reserved. You need to be in court to let go of the nasty ass you’re supporting? The fact that 98% of rapists never spend a day in jail is obviously irrelevant. Are you really waiting for charges to be dropped so the league can sweep this under the rug? 

By claiming that the only way we can truly know what happened is through a trial, you are dismissing the 68% of rapes that go unreported. Are you saying that since there was no trial, it never happened? When you claim that the humiliation of a rape is equal to that which comes from even being accused, you are dismissing the trauma of the initial assault and every other horrific experience of recounting what happened. When you tell me that the only way someone can be classified as a rapist is with a final judgment in a court of law, you are ignoring every case that is dismissed for lack of evidence. 

Rape is not defined by the ruling of our courts. The FBI has deemed rape to be “the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” It does not include "after being deemed to be so in a court of law." Thousands of rapists are walking around freely because they have bullied their victim into dropping the claim or, even worse, it never makes it to the cops. 

You say no one deserves to have their rape claim dismissed, yet you are in fact dismissing it with this logic. This is all part of rape culture. This is the problem. 

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