Friday, September 5, 2008

I am FURIOUS!!!!

Horribly enough, this is something that hits close to home and it pisses me off. Just like I think it should piss of every other human being on the planet that has a consciousness! It's a touchy subject, and no one likes to talk about it because when it hits close to home is it infuriating and frustrating that nothing will be done.

Rape.

Yeah, I said it. And before you ask, no I'm not going to tell you the details.

However, this is the situation. There are different kinds of rape. There's everything from violent assault to peer pressure (also called date rape). But not one of these are less traumatic for the victim in any way.

The fact of the matter that pisses me off is this... unless it's a violent assault where the victim fought back and there's a TON of physical evidence, there's little to no chance that there will be a conviction. It sucks, but it's a fact of our judicial system.

If the district attorney doesn't feel that they can win the case, they simply drop it. It doesn't mean that the rape didn't happen. It doesn't mean that the victim is no longer traumatized by the incident. There is no closure, not that closure can do much to aid how a victim feels about the situation.

But what it DOES do... and this is the pisser... is make the victim feel like the rape was their fault. Should they have fought back harder? Should they have screamed a little louder? Should they have been more careful about the position they put themselves in? ..... Should they have even bothered to report it?

Should they have even bothered....

The investigation of a rape is, in itself, a demoralizing and demeaning process.

At first you wonder if anyone believes you. You're look on with indifference at the initial report, and it often feels like they don't believe what you're saying. But investigators MUST distance themselves from the emotional aspect of the crime to have an objective view in order to gather all the evidence. It's understandable because we are all ruled by human emotions, and it can sometimes cloud our judgement.

Fine, I get that...

The physical examination for evidence is no cakewalk either. Any of you women that have ever had a pap smear know what I'm talking about. Only it doesn't stop at that. They must take pictures of all bruises, cuts, lascerations, etc. Ever had your whole body examined and photographed? It's embarassing!!! But, it has to be done, and we survive it. And no amount of justification makes it any less demeaning!

So we manage to survive the interrogation and physical examination. Then comes the waiting game. We give them our clothes we wore for evidence and anything else we can think of. They talk to the first person we speak with after the event just to verify our story.

If there's enough evidence, we get a call to talk to the district attorney and he/she explains exactly how the judical process will take place. Odds are if the district attorney meets with you, there's enough evidence to take the case, and they think they can win it and get a conviction.

However, the flip side of the coin is what is the real issue we need to examine. We've gone through the investigation, we've gone through the physical exam... but there's not enough evidence to support the case.

So now what?

Nothing... no recourse except to go through counselling or possibly self-defense classes. An even stronger confirmation that it was 'your fault' this happened. 'Your fault' because you didn't know how to protect yourself.

And given that whole scenario turning to crap in the proverbial basket... the victim now feel that it's 'her fault' and she put herself through all the embarassing and demeaning investigation onto to be told "sorry, there's not enough evidence to press the case. The district attorney said so."

Does anyone really think that after going through that HELL, any woman is going to risk reporting a rape again? Do you think they will feel any type of trust in our judicial system anymore because of this?

Who's fault is it really? Not the victim's. Not the police investigators, they did their job. Not the doctors, if they did the correct examinations and documentations.

The rapist? The one who gets away with the violent crime and pays no price for it?

Yeah, right! Kinda makes you wish for the good old days where old fashioned, wild west justice could at least make you feel like SOMETHING was done about the situation!

Furious in the Mountains

Dragon Lady

2 comments:

Melissa said...

if it wasnt so expensive, could you get a private lawyer?

LadyDragon said...

No such luck. No lawyer will touch it for the same reason the DA won't. There's no physical evidence supporting the fact that she was raped. It's his word against hers.

Even with a search warrant, the cops got the sheets from the bed but never found her missing shorts. Apparently the ass munch had the foresight to take them with him.

Frankly, that in itself scares me. It's like he knew what he was doing. Like perhaps he'd done it before or something. I have a strong suspicion that this is not the first time this has happened.

But, once again, there's no way to prove it, so until he slips up and either says or does something that proves him guilty, there's nothing that can be done.

And this is going to lead me to another blog post... I see that coming... LOL