The Criminal Justice and Community Response to Rape
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If you have issues viewing or accessing this file contact us at NCJRS.gov. .-; .( '\ U.S. Department of Justice Office of Justice Programs National Institute of Justice The Criminal Justice and Community Response to Rape • About the National Institute of Justice The National Institute of Justice (NiJ), a component of the The research and development program that resulted in Office of Justice Programs, is the research and development the creation of police body armor that has meant the agency of the U.S. Department of Justice. NIJ was estab difference between life and death to hundreds of police lished to prevent and reduce crime and to improve the officers. criminal justice system. Specific mandates established by Congress in the Omnibus Crime Control and Safe Streets Act Pioneering scientific advances such as the research and of 1968, as amended, and the Anti-Drug Abuse Act of 1988 development of DNA analysis to positively identify direct the National Institute of Justice to: suspects and eliminate the innocent from suspicion. Sponsor special projects, and research and develop The evaluation of innovative justice programs to deter ment programs that will improve and strengthen the mine what works, including drug enforcement, commu criminal justice system and reduce or prevent crime. nity policing, community anti-drug initiatives, prosecu tion of complex drug cases, drug testing throughout the Conduct national demonstration projects that employ criminal justice system, and user accountability pro f I innovative or promising approaches for improving crimi grams. nal justice. Creation of a corrections information-sharing system Develop new technologies to fight crime and improve that enables State and local officials to exchange more criminal justice. efficient and cost-effective concepts and techniques for planning, financing, and constructing new prisons and Evaluate the effectiveness ofcrim inal justice programs jails. and identify programs that promise to be successful if continued or repeated. Operation ofthe world's largest criminal justice infor mation clearinghouse, a resource used by State and local Recommend actions that can be taken by Federal, State, officials across the Nation and by criminal justice agen and local governments as well as by private organiza cies in foreign countries. tions to improve criminal justice. Carry out research on criminal behavior. The Institute Director, who is appointed by the President and confirmed by the Senate, establishes the Institute's objec Develop new methods ofcrime prevention and reduc tives, guided by the priorities of the Office of Justice Pro tion of crime and delinquency. grams, the Department of Justice, and the needs of the criminaljustice field. The Institute actively solicits the views The National Institute of Justice has a long history of ofcriminaljustice professionals to identify their most critical accomplishments, including the following: problems. Dedicated to the priorities of Federal, State, and local criminal justice agencies, research and development at Basic research on career criminals that led to develop the National Institute of Justice continue to search for an ment of special police and prosecutor units to deal with swers to what works and why in the Nation's war on drugs repeat offenders. and crime. Research that confirmed the link between drugs and crime. U.S. Department of Justice Office of Justice Programs National Institute of Justice The Criminal Justice and Community Response to Rape by Joel Epstein, Esq. and Stacia Langenbahn 148064 U.S. Department of Justice National Institute of Justice This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the National Institute of Justice. Permission to reproduce this iila' material has been g~ic Domain/OJP/NIJ u . S. Department of Justice to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permission of the @!IIIIII!I owner. May 1994 Issues and Practices in Criminal Justice is a publication series of the National Institute of Justice. Each report presents the program options and management issues in a topic area, based on a review of research and evaluation finding's, operational experience, and expert opinion on the subject. The intent is to provide information to make informed choices in planning, implement ing, and improving programs and practice in criminal justice. -------.---------------------------------- National Institute of Justice Paul Cascarano Assistant Director Cheryl Crawford Carolyn Peake NIJ Program Monitors Advisory Panel Barry Burkhart, Ph.D. Police Chief Robert P. Owens, Ret. Department of Psychology 1744 Fisher Court 4082 Haley Center Oxnard, CA 93035 Auburn University Auburn, AL 36849-350! Mary Harvey, Ph.D., Director The Honorable Leslie Crocker Snyder Victims of Violence Program Supreme Court, Criminal Term Cambridge City Hospital Part 72 1493 Cambridge Street 100 Centre Street, Room 411 Cambridge, MA 02139 New York, NY 10013 Prepared for the National Institute of Justice, U.S. Department of Justice, by Abt Associates Inc., under contract #OJP-89-C-009. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Justice. The National Institute of Justice is a component of the Office of Justice Programs, which also includes the Bureau of Justice Assistance, the Bureau of Justice Statistics, the Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime. Foreword Growing awareness of the dimensions of the problem of medical evidence is collected. Some jurisdictions fund the sexual assault has spurred significant changes in the investi medical exam for victims. Expanding prevention efforts in gation and prosecution of these crimes. Victims' advocates, the community is another priority for stemming sexual rape crisis centers, and criminal justice practitioners have assault, child sexual abuse, and domestic violence. worked to ease the burdens placed on victims of sexual assault. In reviewing approaches involving these strategies in a number of jurisdictions, this report represents one effort by This report describes recent key reforms adopted in some the National Institute of Justice (NIJ) to provide information jurisdictions, such as protecting the anonymity ofthe victim of practical utility to victim services providers and and allowing complainants to report sexual assault even policymakers to better address the needs ofrape victims. The when the victim chooses not to press charges. Law enforce results of this and other NIJ research is also shared with our ment officials and district attorneys have worked to support companion agency in the Justice Department, the Office for compensation for victims and also have created victim Victims of Crime, to support development of programs of witness advocate positions to help victims navigate the tangible benefit to those victimized by sexual assault and criminal justice process and speed their recovery. other crimes. Criminal justice agencies have expanded their initiatives with victims to reach out to those who have been unaware or unable to obtain the care and services they need-such as Carol V. Petrie minority communities and immigrants. They also have initi Acting Director ated and strengthened coordination with hospitals where National Institute of Justice Foreword iii Acknowledgements This report would not have been possible without the gener report. Finally, we wish to thank our colleagues at Abt ous cooperation of the many people in Boulder, Denver, Associates who assisted with the preparation of this report: Philadelphia, st. Paul, Seattle, and elsewhere whom we Joan Mullen, Cathy Conly, and Dale Parent provided interviewed during the course of the study. We wish to insightful comments; Shawna Mullen performed necessary acknowledge as well the support of our advisors, Dr. Barry editorial surgery on the text; Mary-Ellen Perry and Winn Burkhart of Auburn University; Dr. Mary Harvey, Director Sinclair handled the word processing (and our numerous and Co-Founder ofthe Victims of Violence Program at the revisions) with great forbearance; and Wendy Sanderson Cambridge Hospital; Retired Chief Robert Owens of the managed the publication process with intelligence, grace, Oxnard (California) Police Department; and the Honorable and good sense. Leslie Crocker Snyder of the New York State Supreme Court, Criminal Term. Special thanks are due to our monitors at the National Institute of Justice, Cheryl Crawford and Joel Epstein, Esq. Carolyn Peake. Both Ms. Crawford and Ms. Peake were Stacia Langenbahn helpful and patient throughout the process ofdeveloping this Abt Associates Inc. Acknowledgements v j Table of Contents Page Foreword ........................................................................................................................................................ iii Acknowledgements .................................................. ,..................................................................................... v Executive Summary ......................... , .......................................................... 11 •••••••••••••••••••••••••••••••••••••••••••••••••• xi Chapter 1: Introduction and