Why Isn't Justice Being Served for Rape Victims?

Out of 1000 rapists, only 5 are incarcerated, according to RAINN. Rape is a felony but is rarely treated like one. Where is the justice for the 18% of all women that will be raped? How are our daughters, sisters, granddaughters, and nieces supposed to feel safe? Let’s break down the factors that cause these numbers. 

It all starts with reporting the assault. Sexual violence is the most underreported crime. This is because of the social constructs that surround rape victims. Many people will blame victim because she was wearing something provocative and “asking for it." 

The idea that what the victim was wearing was the cause of the crime is a misconception. There have been cases of victims wearing all different kinds of clothes during their attack. According to an exhibit at the Texas A&M Memorial Center, someone can be sexually assaulted while wearing a t-shirt and jeans, their team uniform, or sweatpants.

This exhibit completely dismantles this misconception. The takeaway is that victims should not be blamed for their attack based on what they were wearing because clearly, clothing is not the cause of rape. If clothing was the cause, this exhibit would be full of dresses and short skirts, but it isn’t. Instead, it’s full of normal, everyday clothing and even includes children’s clothing. 

This isn’t the only reason why victims don’t report. Many victims have come forward about why they didn’t report and an article from CNN put the reasons into categories. The first category covers the problem previously mentioned. Many victims are met with judgement when they tell someone about their assault. They’re asked, “What were you wearing?” and “How much were you drinking?" 

Another category of victims is scared that no one will believe them or the people they’ve told already don’t believe them. This happens especially when it’s a family member or an upstanding person in the community. 

The next common reason for not reporting is that the victims are threatened not to. They are told that they could be harmed or even killed if they say anything. Similar to this, other victims are told not to say anything to protect the attacker or to avoid embarrassment. 

Some may say to dismiss it so that the attacker’s life isn’t ruined, but how is that fair to the victim? Sexual assault is very damaging to the victim and the majority of them will struggle with PTSD because of it. Letting the attacker go, while the victim suffers is entirely unjust.

To add to the stress that victim experiences after their assault, going to court also involves the victim possibly coming into contact with their perpetrator and this turns many victims away. This ties into the common feeling of not wanting to relive their attack. Going to court means that they would have to give all the details and talking about it can make the victim extremely upset or uncomfortable.

So far, we’ve only covered the problems victims face before they report their attack. But what about the 35% of victims that do go to the police? Why are there still barely any rapists that are put in prison?

In the article, “How to Lie with Rape Statistics: America’s Hidden Rape Crisis," by Corey Yung, evidence is revealed to show what happens when a victim reports their attack. In summary, when police departments receive rape reports, many of them are dismissed. The reports are either considered “unfounded” causing them to have no investigation, classified as a lesser defense, or the officer simply doesn’t create a written report of the rape complaint. But what happens on the slight chance that the case actually makes it to court?

According to The Washington Post, only 0.6% of rapists get incarcerated and only 0.7% become a convicted felon. Even after reporting and going to court, victims have a very slim chance of receiving justice. Let’s say the perpetrator does get incarcerated, there’s still a chance that they could be bailed out. 

My friend was only eight years old when her perpetrator raped her for the first time. The abuse continued until she was twelve, then she was put into foster care, and finally she took her case to court at the age of sixteen. Her perpetrator was incarcerated and then bailed out days later. Now she has to live with the fear of him coming back and even running into him. She was just a child, small and vulnerable and taken advantage of, but there was barely any justice served for her case. 

The lack of justice being served for rape victims is a huge problem, but little is being done to fix it. It’s going to take years of undoing the old ways boys were taught to treat girls, but that isn’t a reason to not try. 

It needs to become commonly known that the only thing that causes rape, is rapists. The reason is not what the victim was wearing or doing. People also need to be educated on how to treat victims when they open up about their experience. Victims should be met with support, not judgement. 

The justice system for rape cases needs to be entirely reconstructed. Sexual assault reports need to be taken seriously. Victims should not have to face their perpetrator and should be given the support they need to recover. Resources like therapy should be supplied to the victim.

To solve the problem at its root, people need to know not to rape someone in the first place. Consent should be taught in health classes. The social aspects of sex are rarely talked about in class because it can be seen as too racy for school. But it isn’t when comes to teaching students about consent and it can be done in an appropriate way. 

In conclusion, there needs to be more justice for rape victims. All women currently have a terrifyingly large chance of being raped in their lifetime and we need to fix it. Although the issue is complicated, the effort is worth it to protect young girls in the future.