Statute of Limitations on Rape Essay

Tags: forensic evidence sexual assault rape crime

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Total Length: 738 words ( 2 double-spaced pages)

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The case of Rita is a sad one. She works as an employee of a resort. She's never really been in a serious relationship. She has dated but nothing got past that point. Anyhow, she encounters a male acquaintance of a coworker. The man was to take Rita home but he instead takes her to a remote area and assaults her. She did not want her family to know what happened but she did notify an agency about what did occur. They collected forensic evidence and treated her for any potential sexually transmitted diseases she might have been exposed to. They also gave her emergency contraception. While she eventually gets the courage to report the rape to her family and the proper authorities, it is too late to make use of the forensic evidence that was collected.

Post-mortem



The one obvious thing that should be changed is the 90-day window that ostensibly elapsed and thus precluded further action from being taken against the alleged rapist. While it is not terribly unreasonable to expect a rape victim to report a crime against them in a timely manner, using a window of 90 days is entirely too short and truncated. It should be more like six months to a year. It is fairly established fact that many rape victims, for whatever reason, do not report crimes against them right away, assuming they report them at all. Rita's case is proof of why it is important to give rape victims a more elongated window.

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In the case of Rita, she knows she was a victim but she was so concerned about what her family would think about the event happening. Even though she was simply catching a ride home and even though she made no sexual advances or engaged in voluntary sexual behavior with the man, she felt shame. That is a rather startling cultural and societal flaw, although its genesis would be hard to pinpoint without more information. Regardless, the fact that she felt shame despite the fact that she was clearly the victim is rather startling to say the least (Dedel, 2017).



Even with the fact that she shied away from filing charges, forensic evidence was indeed collected within the proper window. However, the apparent rule is that if a crime is not reported within 90 days, the evidence kit is destroyed. Why that would be done other….....

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References

Dedel, K. (2017). Stranger Rape. A Survivor Not a Victim. Retrieved 9 May 2017, from https://asurvivornotavictim.com/1144-2/

RAINN. (2017). Reporting to Law Enforcement | RAINN. Rainn.org. Retrieved 9 May 2017, from https://www.rainn.org/articles/reporting-law-enforcement

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