Why didn't you just report it? Rape and Sexual Assault
- Alexandra Partell
- Sep 20, 2023
- 6 min read
We fail victims of sexual assault and rape.
Last week I saw two news stories that made me want to talk about them. I don't usually put my mind to anything that celebrities do but the stories made segway into the topics I actually want to talk about.
Logan Paul and Dillon Danis have a fight planned. We watched Dillon Danis slut shame Nina Agdal (Logan Paul's fiancé) to the point that a restraining order was pulled out against him. And then we watched him double down on his behaviour. I know and understand that pre fight antics are supposed to psych your opponent out - but at what point do men stop trolling women for their sexual history which they are allowed to have, utilize their explicit images as a form of blackmail and attack other men because of who they are dating. That narrative is boring and outdated.
I know that purity culture and conservatism exists. I acknowledge it and I respect people who choose that lifestyle (even though I have a lot to say about it) but at no point should it be pushed onto other women.
And then we watched Ashton Kutcher and Mila Kunis back a rapist with letters of support. These were included in court proceedings and leaked once the ruling that Danny Masterson (Hyde - That 70's show) was to receive life (30 years) in prison for raping two women 20 years ago. Ashton and Mila's letters ran with the narrative of 'But he's a good guy now, and it would be a shame that his child grows up without a father' - again, old and outdated. Because for the first time in a long time, we see assault victims actually get justice. And to see letters of support coming from somebody that has a child trafficking prevention organization (Digital Defenders of Children) is ironic given that the entertainment industry is tethered on a fine wire between being good people and acting like good people.
Why didn't you just report it? Probably the most asked question in the comment section of any content created by a victim or sexual assault, rape, stalking etc. And for a survivor of assault, that has been through years of therapy, it's easy for me to answer. Because I was scared, I knew that I would have to go through so much to get an outcome favored towards me and I was too young to realise what had happened, let alone that it was so very wrong.
We see a lot of 'but it was just a mistake, it will ruin the rest of his life if you put it on his record' without any second thought to the victim. We see the media constantly write articles about sports stars who have been accused of assault with articles covering their accolades instead of the incident, we see years of trials for rape where the victim is scrutinized in the media, on social media, we see belittling of women who speak out, we see men in power who refuse to admit their system sways towards the aggressor. We see less than 1.5% of sexual assaults actually get to court with a sentencing in favour of the victim nd 87% of cases go unreported in Australia.
With that in mind, let's look at some statistics and cases.
In America -
- Police can mark cases 'unfounded' if the victim was heavily intoxicated. This includes the ability to destroy rape kits to make room in evidence lockers.
- CNN reviewed one police department in Springfield Missouri, where dozens of rape case detectives did not even attempt to contact known suspects, did not have rape kits tested and stopped working cases within days or weeks of being assigned to investigate
- In Minnesota, The Star Tribune found that judges were twice as likely to reduce sentences when the attacker knew the victim. 227 cases, less than a year behind bars for this. The same state where spousal rape was legal up until recently.
In Australia
- The Australian reported that the University of Sydney is looking to shut down their accommodation with the statistic that 67% of their students have reported being sexually harassed since the start of their university journey.
- According to a government document from the Jenkins review to the budget, the gender safety gap is widening.
- 11% of Australians still believe that she's probably lying if she doesn't report it straight away, 42% agree it's common for sexual assault accusations to be used to get back at men and 10% believe that rape is fine if the woman initiates intimacy in a situation where they've just met. These statistics are the highest in the Western World.
-
It seems men understand consent when it comes to other men though. The Gay Panic Defense was only eradicated completely in Australia in December of 2020 - less than three years ago. This defense was used in courts and recognized by judges to the point that it helped downgrade murder to manslaughter charges and assault charges. Men could use this defense when they believed that they were being hit on by another man which made them so violently angry that they wanted to hurt them.
Research has shown that when victim and rapist have been drinking, police are more likely to question the validity of the rape, view the victim negatively and judge the assailant as more likable. On a larger scale, how can we trust an organization that rife with it's own discrimination against women? The legal system is permeated with misogynistic attitudes that contribute to blaming women for being raped and protecting men who commit it.
A 2017 study compared the cross examination of victims and rape trials from the 1950s to similar trials between 1996 and 2011. Despite significant law reform, the tactics used by defense lawyers to discredit victims have barely changed. It was found that modern lawyers use more rape myths and false stereotypes to discredit the character of the victim.
Cases
- Jared Hayne - 4 years 9 months for two counts of rape.
- Joseph Ayob - 2.5 years jail for raping a sex worker, however since he had served shy of 19 months in custody, the rest of his sentence was suspended and he was issued with a good behaviour bond
- Sean Hogg, 17, in Scotland, raped a 13 year old girl and got 270 hours of unpaid work as his punishment
- In Texas, a doctor, Shafeeq Sheikh was found guilty of raping a sedated patient of his, and given 10 years probation, no jail time.
- Mohammed Bakari Shei raped two girls aged four and nine and received 180 days in prison
There are countless cases like this. Even before Roe v. Wade was overturned, the attack on women's body's saw many cases such as a woman in Oklahoma being sentenced to four years in jail for having a miscarriage.
So yes, we fail sexual assault survivors and rape victims. We fail them miserably. It's no longer good enough to believe you are not part of the problem just because you don't assault people. You are part of the problem if you are the type of person to stand by and not do anything. You are part of the problem if you would believe a victim until it's your favourite celebrity on trial. You are part of the problem if you sit on social media in the comment section and rebutt victims stories. You are part of the problem if you don't stop your friends disrespect towards women. You are part of the problem if you are reading this and getting triggered.
Do something to help change the mindset and you might actually safe a life.
So next time you see the question - Why didn't you just report it? Think about this article. Think about the lack of support that victims who tell their stories receive. Think about the percentage that actually get through to the court system. Think about the shame that men put onto women for their sexual habits. Think about the reality of getting a rape kit done for it to be discarded by police departments. Think about the laws that are being created around women's bodies. Think about how you stood by that one time you heard your friend talking about a woman with no regard to her as a human being.
Some more reading if you would like it -
Comments