Sunday, April 27, 2008

The Survivor Manual: Detective speaks about Report It.

Check out this video of an officer speaking about reporting sexual assault.
The Survivor Manual: Detective speaks about Report It.

This is a good idea to get a perspective from a police officer. I think some of what he says is good, but there are several areas of concern for me.

1. It is underreported. It should be reported more. While victims would like to report more and should report more. It is not the victims fault for fearing reporting. He is right they have nothing to be ashamed of, but our culture still asks for silence. Not only should victims not be ashamed of being raped… they should not be ashamed if they didn’t report it. It is not their fault that they live in a climate that does want them to tell. As a survivor myself I can tell you that it takes a lot of courage to report. This feels a little like victim blaming to me when we say the problem is with the victim. Let’s encourage reporting but acknowledge the courage it takes.

2. In response to the question about his concern for victims fearing/suffering re-traumatization in the justice system... I think the concern is misplaced. He seems to be concerned about how it affects him (or the reputation of the "system", not the victim. Shouldn't the largest concern be the fact that the justice system can and often DOES re-traumatize the victim?

3. The suggestion that the victim needs to pursue it to the fullest extent of the law by and saying “they need to FORCE the officers who come out to file reports” bothers me so much. How often does someone feel comfortable forcing those in positions of authority to do something right after someone has raped and disempowered them? Again this is victim blaming. Why do they have to FORCE an officer to do their job?

4. The next suggestion that they need to pursue these cases all the way through trial is also upsetting. I was raped and while I personally had great interactions with the police… the prosecution was another story. I was ignored and they tried to dump the case. My detective even told me that prosecutors often ignore victims in rape cases hoping they will just give up and go away. I didn’t give up. I got the prosecution I sought. BUT it wasn’t easy. It had a disappointing result too. A couple of days before the trial the prosecutor accepted a guilty plea to a lesser charge. She did not ask if I wanted to accept that plea because she knew I would not want to accept it. I had fought so hard to go to trial… only to be let down. As I understand it he didn’t really want to plead guilty either.

So after I discovered that RAPE IS A CRIME AGAINST THE STATE and I begged for a chance at justice (considering he basically confessed) and the prosecution first said no… then yes… then let a plea I didn’t want happen…NOW he is free. He only has a year probation and sex offender counseling. NO JAIL TIME and he is NOT being listed as a sex offender. I was told that even if my case went to trial and I won… he probably would have just got probation. I understand that is a typical result of rape cases too.

I still think that victims should report… even given the troubles I have had and the truths I have learned, but I suggest that the system fix its issues and stop blaming reporting issues on victims.
After all RAPE IS A CRIME AGAINST THE STATE not the person who suffers the rape… so wouldn’t it follow that they need to make it easier for people to seek justice? So… in the effort to increase reporting of the crime and incarceration of these sexual offenders… I suggest it is the justice system that has the most work to do. They victims have already faced their nightmare… don’t make them face the bureaucratic nightmare of the legal system too. All the victim should have to do is have the courage to speak their truth of violation and humiliation. I cannot believe he says that “their job is not to continue to be victimized and traumatized by the perpetrator” Isn’t that the “Justice System’s” job?

5. Comments like police officers don’t like handling domestic violence are not good. Guess what? Women don’t like being the victims of domestic violence. Who is supposed to help them if the police don’t want to?

6. Lastly when it comes to his suggestions for other officers in regards to how not to re-traumatize victims of sexual assault. Why does it have to be them putting themselves in the shoes of the husband, father, or brother? HOW ABOUT PUTTING YOURSELF IN THE SHOES OF THE VICTIM? I know this is an attempt to get through to other male officers but… These victims (generally women) are human beings who have been violated, terrorized, de-humanized… they are not simply a belonging or property of a man, father, brother, or husband. This really demonstrates how many men think that they could never be a victim themselves… and they don’t feel the fear of being raped every day of their life… or even one day of their life. It also seems to say that the real damage would be the damage to the men in her life… not to her. Just like the real damage in the eyes of the law is done to the STATE… not to her. This is a big part of the problem.

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EVEN considering all this… I still think victims should report it… even though in the criminal justice system… I had no voice and no choice… and I did not have enough money to pursue a civil suit. I was shut out of the justice system. BUT I still want victims to report. Because they need to be heard. They need a chance… any chance at justice… hopefully soon the system will step up and start taking the victims of sexual assault seriously… THEN you will see more reporting.

The system doesn’t seem to even have the capacity to process all the victims that currently do report. If you want everyone to report… they need more prosecutors, more money in the budget, more money for crime victim’s compensation (rather than cuts in the budget), and sensitivity training for the system…. THEN we will see justice and rapists will not be walking the streets free.

I do have to say that he is right about changing the culture in the community perception of victims. He is also right that some police officers have background and personal issues… and that they need to be trained.

I know there are no perfect answers and he is really trying to help. I don’t want people to stop trying to help… I just want people to really THINK about how what they are saying is perceived.

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