February 22, 2009
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Rape and Testifying
This question was inspired by a blog I read earlier today which I am not linking for obvious reasons.
Does a woman who was raped or molested have an obligation to testify against the guy in order to save other women from the same crime?
Comments (142)
I think she does. She may have to face her rapist for a couple of hours in court, but she’s saving tons more women from a lifetime of hurt.
I wouldn’t say it’s an obligation. It would be the right thing to do, but completely understandable if she’s too frightened to relive the experience in a setting of uncaring strangers, at least one of whose goal is to prove her a liar.
I don’t think there’s necessarily an obligation. The choice is hers. It may be hard to talk about. It may be a very painful experience. She may not want to. And even if she does, there’s no guarantee of conviction. And even if there is a conviction, there are more committing the same crime.
It’s her choice. Pressing charges/testifying are not obligations. They’re options in a plan of action.
Yes.
Not an obligation, but I think it’d help her emotionally and such…
I do have some concept of how hard it must be to do so. And certainly every case is different and some may have extenuating factors. But in the majority of cases, yes, she should testify.
Obligation? No, not in our court system. It’s the smart thing to do, however.
i wanna say yes but the truth of the matter iz itz gotta be her choyce
If she can, yes she has a duty.
But if she is screwed up mentally or physically. That duty may not be possible for her to preform.
@saintvi - I agree with saintvi
um, do you mean TESTIFY, or PROSECUTE?
i don’t think merely talking about it protects anyone. but reporting it so the rapist is prosecuted is something else.
i think a woman should seek justice for herself, if she wants it. it should remain a right… which means it can’t be forced on her.
consent is the issue, after all.
i would say yes.
@saintvi - Agreed.
It’s up to the woman…on one hand it can help stop someone who could be a serial rapist…on the other hand it can cause the said woman to possibly retraumatize herself by going over the memory again or seeing the rapist again.
It is not an obligation; she did not swear to uphold the law and protect people. It sure would be nice and the right thing to do, but she doesn’t have to.
she doesn’t have to do it, but she should…it’s what I would do…
No. She’s not obligated to do anything other than take care of herself. <33
@saintvi - Agreed.
No. There is no obligation for her to testify.
As much of an obligation as any of us would for any crime committed against us. However, I can understand why a rape victim might have a difficult time fulfilling that obligation.
I think it depends. Specking from a psychological side, it might do the woman good to face her attacker. Eventually she is going to have to deal with it one way or another, but it isn’t her duty to be in court not legally. Most states will allow video footage or the victim to testify without the attacker in the room. They do this so it won’t cause any more damage to the victim.
The only duty the victim does have 100% is to report the crime. Otherwise it will continue to happen.
@saintvi - I agree!
Yes.
I think so. I also think rape should carry the death penalty.
@trunthepaige - Just like she couldn’t perform that night.
I’ve never been raped, so I can’t say yes or no. I don’t know what I’d be feeling or how I’d feeling. Many rape victims say that they felt like blaming themselves, that they were dirty, they shouldn’t talk or hang out with anyone. Being raped just messes up your brain for a while, I think. I mean, how can it not after that?
Most women, if they were to decide right now, if they were in that position, say that they WOULD testify. I would think that too. However, there’s that period of time right after being raped, where you’re not in YOUR right mind. You’re not all there. Too many “factors” are piling up in your head and you just want to get away from it all, BUT you can’t. Because what happend, happened to your body, and how can you get away from your body??? So, that brings in more depression, and anxiety. At this moment, their answer would probably be no. Perhaps (I say perhaps because I’m not sure) after some therapy, after a little time of feeling again that not all men are like that monster, then, their answer might become a yes.
@hellaz - The fisherman is trolling I see.
@hellaz - LOL. A little inappropriate in regards to the subject.
She should have a moral obligation, like how we would open a door for a handicap.
@trunthepaige - Fisherman?
I hope you’re comparing me to Christ.
I think it would be ideal if she would have the strength to do so. But I would not call it an obligation.
on some levels yes she does on other levels she has no obligation what so ever..
wwjd?
Oh right, Jesus would heap the rapist’s sin onto himself and invite the rapist into heaven.
@hellaz - The term Troll is not about the mythical creature under the bridge. It started out as a reference to fishing for comments. Trolling message boards using inflammatory bait.
@trunthepaige - Just like Christ.
Not if I’m the rapist.
Or she could be like BitterSunday and blog about it.
@hellaz - Jesus was a carpenter
@trunthepaige - And a fisher of men.
I think she does have an ethical responsibility in most cases, but it’s not as though you can make her testify
each situation is completely different. some women are strong enough to do it. some are not. i was not.
She shouldn’t feel obligated to do anything other than report the crime. Testifying is an arduous process during which she will be treated as a liar and slut by the opposition. Not only has her body and mind been sullied, but should she decide to testify, her reputation and character will be as well. That being said, I admire any woman who has the courage and strength to undergo such a trying ordeal, especially if her testimony keeps him off the streets another 10 or so years.
she does have an obligation. she wouldn’t wish the same pain on anyone else. but of course, some people are damaged beyond repair….so i’d say with psychiatric evaluation as to her ability to face him
No. The only person responsible for a rapist striking again is the rapist. No one forces him/her to commit crimes. Some people are not able, for various reasons, to testify.
Unfortunately, most rape cases are merely formalities in which the woman is crucified on the altar of public opinion. The trials are merely a setting for people to mock and judge her saying “she asked for it because she was flirting or wearing a short skirt” or what have you. And more than 70 percent of rape cases end in the perpetrator walking free.
It’s a long, drawn out and emotionally traumatizing process (everything from a second physical invasion in the form of a rape kit to the public humiliation of seeing your offender excused), and it’s really not worth it. It doesn’t accomplish the end of protecting other women.
Sad facts.
I wouldn’t say obligation. She probably should though to help prevent it from happening and again and I don’t know if it’s true, but they say it’s incredibly helpful and healing when a rape victim gets enough strength to identify and face up to his/her attacker.
But some people heal differently than others just like some people think differently.
No. Its a long drawn out painful process. She doesnt have an obligation thrust upon her by a trauma.
@hellaz - He did not call himself that. He made his apostles fishers of men
@trunthepaige - Same difference.
Its a moral obligation, but how many people really follow their morals these days.
I think women who DON’T testify are being cowardly.
@saintvi - Greatly agreed.
@hellaz - What a person blogs about is their business and the people they -allow- to read their blog.
@kylemorrisonlovely - I agree- rape should carry the death penalty.
It depends on the individual. Some people who’ve been raped (I say ‘people’ because men can also be victims of rape; rape does not discriminate) feel so much stronger when they testify but some are not able to do so. In some ways, testifiying is reliving the attack. Some people may be able to handle that and some may not. It depends on the individual.
she doesn’t need to, but for some it would help.
@smartie1010 - suck my dick.
It shouldn’t be a legal obligation to report/prosecute something that she doesn’t want to report/prosecute. To me, it seems like this would give some sort of closure to the situation, or at least a sense of justice, but it should remain a choice to the rape victim.
They may not want to re-open the wound and think about it, or they may still be traumatized to the point that they simply can’t do it. To force it on them would just be unfair and wrong.
@hellaz - No thank you, I don’t like rotten meat.
@saintvi - Everyone agrees with you, today! What a good day.
@hellaz - Besides, I don’t put objects smaller than a quarter in my mouth.
Don’t get me wrong, I believe that rape should be reported, but testifying is another matter.
She should and always in the end, she’ll feel a lot better.
I think Kanye said it best:
“I gotta testify, when I come up on the spot lookin’ extra fly, till the day I die, i’m gonna touch the sky!”
The meaning behind that is so clear and pertinent to this post I needn’t bother explaining it for obvious reasons.
I think they should really make it possible (or more acceptable? commonplace?) for a witness in this kind of case–or in any case where they might be too intimidated to testify–to video tape their testimony instead of giving it in the courtroom. Have the judge there, give them the tape directly so they can show it in its entirety to the jury. But I don’t think anyone should go through that if they aren’t ready.
@saintvi - Ditto.
@kylemorrisonlovely - I also think rape should carry the death penalty.
And I bet that the rationale for this goes no deeper than your shallow hatred for rapists.
maybe i’m a hypocrite but i think so.
@smartie1010 - No kidding, fatty.
Its not an obligation..but if hes done it once..he’ll do it again..
I think it wouldn’t help prevent rape, even if she had an obligation to testify.
obligation, yes.
but must it be done, no.
it does require courage to get on that witness stand.
victims could use all the support and strength they can get.
and often, the justice system fails the victim also. so I can understand if they don’t end up testifying against their attacker. if i were in a position to have an influence in that, i would do whatever i could to support the woman.
I think serial rapists should get the death penalty, simple as that. maybe a guy got a bad shake on a date rape case… his first offense. it could have been a mistake but if a jury convicted him, well, he’s got to serve his sentence. but say you’ve got a guy who was preying on his victims and multiple women have come forward. it’s not to “deter” the next would-be rapist. it’s about punishment.
also, a dead rapist could never rape again.
if women knew their testimony could put the person away for good, it would also encourage the woman to testify, thereby fulfilling her obligation to her fellow women.
no, i don’t think it’s an obligation, or that it should be. i do, however, think that speaking up about the crime would, in many cases, be able to provide a sense of closure for the woman.
I’m not even going to touch this one.
Legal obligation, no.
Moral obligation, perhaps yes.
Rape is a crime against the public, the victim owes it to society to testify and bring the criminal under prosecution.
Nah. She should just let me know. Then I’ll call some guys I know and he won’t be touching anyone again.
YES!.
@misswonderj - That’s it. I’m going to disagree with you, just so I can have debates more often… even though I agree with you on this one.
So… I disagree. And I have nothing to back it up, whatsoever. Yeah.
Morally/ethically for the greater good of society- YES… but under the most protective circumstances possible with HER best interests at heart as the process unfolds after all she was the victim.
Unfortunately some of these processes make the woman the victim twice over.
No.
Dan, I know this has nothing to do with this post but I just wanted to say, I like your Xanga Plug– “Sometimes I will make you want to unsubscribe but hopefully you will still come back” that is cute for some reason. Haha. You’re awesome.
Well, it would be better.
It would also help her deal with the emotional scarring. So yes.
I think it’s up to her, really.
If it was me, I would testify in a heartbeat.
I didn’t. And I know that it happened to 2 other girls.. But I never came forward because I was scared of how my dads family would be to me. They would have never believed that their PRIZE grandson was a fucking rapist.
Yes, she does. She’s gone through a very difficult and earth shattering experience, and no one said it was going to be an easy thing to step up and testify agansit the person responsible. However, it takes true strength and courage to step up and speak up. It’s a step towards healing.
Maybe a moral obligation, but certainly not a legal one.
I would think that if a woman has been raped she would feel an obligation to testify so that whoever the bastard was would be put in jail. But sometimes that feeling of obligation can be overrun by fear and hurt, among other things. I think if every woman testified it would help a lot, and not so many guys would feel like they could get away with this stuff, but girls don’t. A lot of times girls don’t even say anything because we they feel like they must’ve done something to somehow deserve it, that they earned it. It’s not something you could give a cut and dry answer to.
No she doesn’t. But I know it would help & it would be saving the other girls. Its the right thing to do.
I was a volunteer for a rape crisis hotline near Chicago through two years of college (back in the mid-90s) and while I think it could benefit both her and other woman, I absolutely don’t think it’s an obligation. In that situation, a woman has too much going on with repairing herself to the best that she can (and will likely never be ‘repaired’) to take on the weight of other women. Call it selfish, but that’s a traumatic experience and I wouldn’t blame a woman for not feeling obligated.
I wouldn’t say she has an obligation, because that makes it sound like she’s being forced to do it (hasn’t she suffered enough?), but it would be a great thing if she was able and willing to testify.
I think crime should be reported… especially rape.
Not if she smashes his skull in with a brick afterward. I mean, what would be the point of testifying?
It is up to her/him. It is not the victim’s obligation, but I certainly hope that she/he would.
Yes, she does. As hard as it may be it is vital that she stops her attacker. She could even maybe give the court a signed statement so that she didn’t have to appear, but still put in her statement, but she really needs to testify.
More of a choice than an obligation, but I don’t think that any self-respecting woman would choose not to testify in this situation.
Please see Federal Rules of Evidence 412 – 415.
@ashleymarie_x - i so agree. and if i were another woman, i would want to know if some guy was trying to lure me in to rape me
Yes, I think so. It’s bad enough to live with the fact that it happened to her but then to live with the fact that she didn’t do anything to save someone else from the same attacker, I don’t think I could live with myself if it were me. Statistics show that woman don’t regret testifying, they regret not testifying.
I’d say yes…having never been in that situation, I can’t guarantee it would be something I would be happy about, but she is morally obligated and should be legally obligated.
Absolutely yes. I was raped at 14. The only reason why the guy isn’t locked up is because my parents decided to yell at me about my whereabouts and tell me I was just confused about what happened instead of trying to help me or press charges. Obviously, it’s the ultimate violation of another person’s personal space, and a crime. I don’t get why this is the only crime where its victims seem ashamed of themselves. What. The. Hell.
Crime victims never feel guilty. They feel wronged and openly seek justice. Rape survivors have their identities kept secret. I think the only reason why rape survivors (men included) are ashamed is because of what other people would think. If somebody steals your car, you don’t feel guilty for driving, right? You’re pissed off, as you should be. Your body is way more precious than a car, so if somebody violates that, then go after them with even more force. Let everybody know what happened and how you’re not going to stand for it anymore!
It’s her decision.
y
I wouldn’t say it’s an obligation, but if I was in that situation I would certainly testify against them.
I have a hard time imagining that I would not want to fight for justice. I understand how hard it would be… But the rapist only wins if the victim doesn’t press charges.
No. In fact, she’d be smart not to do it, in most cases.
Going to court against your rapist is like being raped again.
She doesn’t have to. I will personally never be angry at a woman for not testifying. However, I know that if I was in that situation I would testify.
you don’t necessarily have to testify to win the case.
if it was necessary – yes, do it. if not, then its her choice.
I think she has the right to choose, but she should for that reason and also do it for herself. I think a lot of women who don’t come forward regret it later.
Even worse than the raping is what happens afterwards. After the police came I told them to just go and that I was going to consider the whole thing a nightmare. They told me that I might be able to help someone else if I could just hang with the process.
I felt the moral obligation. I was driven by it, in fact.
I think she does.
Either that or put him out of commission in some other way. Ever seen an old movie from the 70s called The Women’s Club?
i’ts not an obligation, but i could definitely see how some would view it as such. there is a lot of emotional healing and reestablishing yourself to do after a rape. for some women, testifying is not a healthy part of that process… especially due to the fear that the man may be found innocent. just because you testify does not mean he will be found guilty. the world would be a much scarier and more dangerous place if she testified and he was found innocent. it would empower him to hurt her and other women again.
@omgitsmackie - OH REALLY lol
I will then proceed to name call because you did not support your claim. *insert names here* XD
Yes, she does. I, personally, have had to ask, as a law enforcement official, victims of abuse to make a statement as to the nature of their abuse. Often, this had to be done on the site of that abuse and when the abuser was a neighbor or family member. That’s a tough thing to ask! But… my point has always been as Dan describes.
If a man who preys on women and children is allowed to get away with it, he will, with virtual certainty, repeat his crime. Perhaps many times, until he is caught again. Every measure must be taken to insure that a predator is taken off the streets. A witness statement (and testimony in court) from the victim is vital in that effort. When victims are brought to understand this- even in the course of their travail- they generally come through.
An obligation? I don’t think so. I do believe that it is best that she tells in order to help protect other women. However, she did not ask for this horrible act to be done to her and to reveal that it did could be devastating in intself.
Not an obligation. I speak as one who was too terrified/confused to report the crime. But I do believe her obligation is in the telling the authorities. Court is a hard, cold, uncaring place. While it would be right to do so, I don’t think she should have to relive it in such an arena.
Yes. It’s selfish of her to cover up what happened when there are other women out there who could be going through the same horrible things. And yes, it hurts and its horrible and mentally/emotionally/potentially physically damaging, but there is a point where you need to step up and be an adult and handle the situation. It happened. It’s done. Now make sure it doesn’t happen to someone else.
No.
A woman should be able to publically name her attacker without fear of blame or retribution and see that person receive due punishment under law. That’s a basic, fundamental human right.
As far as obligations go, I wouldn’t say it’s a requirement, but the mentality should be there in the community to empower (and not victimise) a woman should she be raped so that she is not afraid to testify. If our legal system were more stringent and it weren’t as likely that a rapist could get off on a technicality there might not be as much fear. Conversely, if so many women didn’t cry “rape” (and, let’s face it—it does happen, it’s her word against his, there’s a lot of sympathy in the courts for women, and many an innocent man has been taken down), there might not be as much cynicism.
Please don’t take that to mean that I believe most cases of rape are fraudulant. It’s a serious thing and should be taken as such, and puts the onus on the investigators to be thorough as well as fair and sensitive to both the victim and to the accused. There are widely varying statistics, but it is said now that 1-in-4 of all reported rape accusations are false. This contrasts with feminist researchers who put that at 2% due to more women being involved in the interviewing process. Men’s rights groups put that percentage of claims up to 41%.
yes. theyre too afraid and stupid to actually testify against their rapist or molestor when all they have to do is say “yes he did rape me”, have a decent amount of proof of it, and hes locked up for maybe 5 years or whatever and if they think they can hurt her or do what they want to her again then she just have to file a restraining order so if he does violate it he gets life in prison. women have to make things complicated no matter what
no obligation but she shouldd .
I think she should testify… I know I would.
we each do what we can, as we can. How amazing our God is patient. obligation is not appropriate here. some can; and they pay a price for this. But it is their call. Many cannot. they too pay a price. how can there be a “right” answer for something so awful?
hmm… interesting question. i think so. i was trying to think of cases where the rapist would only attack one victim once and never do it again, but in most of the cases i’ve heard about, the rapist has hurt multiple people or done it to the one person multiple times…
well let me say that i was raped & i chose to testify against him in court … & yet they still let him walk so you tell me where the justice is in that ?
Yes, she should testify, however it is not an obligation. It also takes a lot of courage to testify, not to mention if there isn’t the right amount of evidence he may get off and just go after her again. A lot of fear goes along with testifying in court and I don’t blame anyone for taking a second thought about it.
yes, because it’s a terrible crime.
I think it’s a good thing to do, but no, I don’t feel someone who is traumatized by being raped should HAVE to testify.
Ultimately it’s her choice, but it would indeed be better for others
here is the question: Does the woman love the rapist?
Yes. Did you know arson has closer ties to rape than assault/battery?
yes and it is very important and very helpful for others to be aware of the case and to prevent the act from happening again or/and happening to others
I wouldn’t use the word obligation. I think it is the right thing to do, though. The first time I was attacked, I never told anyone. The second time, it went to trial and though it’s hard, it’s far more empowering in the end.
I think it depends on her; if she doesn’t want to, then she shouldn’t have to.
If you compare it to a more serious crime like murder, it would make sense to. But really it is up to the individual (victim).
You would think testifying against someone woudl help put the convict behind bars but I think depending on the defending attorney it could be emotionally grueling and futile for the victim. Talking about the experience depending on the severity, could exaceberate the situation and circumstances.
I think she should but it’s really up to her.
Of course she does.
Of course she has to report the crime and she will have to testify and save other people maybe a woman or a child you never know but is a huge responsability and obligation to save inocent people and is nothing to do whit a smat is the right thing to do.
is a crime and has to be report and later on testify of curse
Yes l do.
l still feel this rape,incest,molest thing is still in the teething stage,and a lot of the rapists etc need to be put in a position to be shown up in front of others.
The more this law occurs, the less it may occur.
l for one will be in line to have the lethal injection used on these people.
What they dont realise, is that they give the victims a life sentence,
while those the perps, get their rocks off and walk away.
lm sure if it happened to the women they love in their lives, ie sister, mother, close relations and friends, that they, the perps would be extremely angry about that. and want to do something about it.
l dont feel jail is the answer, l feel ending their lives is the answer, and when that is done, maybe, just maybe, males and females might think again about raping, molesting,incest, murder etc.
no taxpayer wants to keep paying taxes to keep crimininals in luxury…
obligation might be too strong–is it the right thing to do? yes! but it’s totally up to her if she pushes for prosecution.
@autumnskin1 – rape victims are not required by any law to report the offense, nor can they be forced to testify against the offender.
If you’ve been there, you know it hurts too much to even tell those close to you. I would say no woman is obligated to testify, though it might be in her (and others’) best interest to at least report the incident.
I don’t know about an obligation, but she should, despite her discomfort and/or fright at confronting her rapist. I know I sure as hell would! I’d want the bastard behind bars and away from any other women he could potentially molest!
Though I believe that yes, she should, I can also sympathize with how difficult it is.
@saintvi – I agree
This one’s a hard one for me since I am a victim of the crime myself. Unfortunately, it took me too long to come to my decision about whether or not I would report it and by then, the evidence was lost, making it an easily-dismissed he said/she said. The entire incident was devastating from the crime itself, to reporting it, to having to chase down the detective (because even victim services doesnt help you like they say they will and the victim is forced to relive it over and over as she attempts to see justice come about), seeing the guy again, etc etc.
Part of me wants to say… don’t bother. It won’t do any good. You go through torture and for nothing. He still gets away with it… For me, the whole thing didn’t torment me as much until after I reported it… it was severing the last tie between me and a friend (as I knew my attacker), fearing his retaliation, knowing he knew stuff about me that he could use against me if it did make it, etc…
Then again, for me, despite the torture, the only thing that had kept me going was the though that someone else might not have to go through it.
If I would have it to do over, I would have gone sooner. I would have driven myself to the hospital that night (I was too in shock to, but maybe if I could go back, hehe… wishful thinking!)
Anyway… some of us are stronger than others. I’m not sure if I could have survived a trial or not since merely glimpsing the guy sent me into such full-on panic that I was ill for almost 2 weeks!
If you can though, it’s a noble goal.
Hmm… I suppose I should add… its a crazy thing really with no right or wrong answer…
Difficult to explain. This post was actually made two days after the first time I was raped this year (the 2nd is the one I ranted about earlier and took place in April, after my father’s birthday party).
The first was very different in that it came down to a severe misunderstanding… I cannot describe this without getting graphic and so I won’t, but while it was violent enough that I was ill for a couple of hours, it was nothing compared to the second in which I was ill for 6 weeks straight (the stuff it does to your psyche can mess you up physically as well). The 1st I was able to deal with simply by dropping a class and devoting more time to others as well as talking it over with this person. Needless to say, he really didnt quite understand what had happened between us and was actually angry at my suggestion. Until I told him about the 2nd.
Unfortunately the 2nd guy knew about the first so I believe that he was looking for someone who would not report it, knowing that I hadnt in that case. What he failed to understand was that as soon as the first guy understood it, was incredibly apologetic and ended up working with me and talking me through both cases and became an emotional support. I know it sounds crazy, but having gone through that together only strengthened things between us, and so I believe that in some cases it can be dismissed and worked through without the legal system. I know he isnt the type to hurt anyone intentionally and feels tremendous guilt and shame etc at the fact that I was hurt by him….
The 2nd however was entirely different matter altogether. For this one, the guy completely changed personalities in an instant and the stuff he said to me proved that he knew exactly what he was doing, knew it was wrong and didnt care. He even freaked out to see how ill I got afterward and immediately started trying to sweet talk me… there was simply too much evidence not only that he was maliciously aware of his actions and how they affected me, but there was proof of premeditation and cold, calculating methods to try and keep me from attempting a pursuit of justice. A very different situation indeed. The coldness of his heart is what scares me, his words were what ended up stopping me dead in my tracks and eventually spurred me to realize what my friends were saying was true, regardless of my confused feelings: I was NOT committing a crime to report one.
I only wish our justice system was more competent.
The interruption it placed in my life was astounding, even without the sickness… and there are times I think I will never get over it. And he goes on as if nothing ever happened