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Managing A Rape Victim: Legal Implications

The Inference

This depends very much upon circumstances. The site of alleged offence may be examined if it appears desirable. In case of children, the examiner must not always expect evidence of physical resistance, since frequently, children are incapable of exercising sufficient resistance to provoke injury. The superstitious belief that sexual intercourse with a virgin cures venereal diseases, has on occasions, led to rape.

There are unquestionably girls who become panic striken when an attack of rape is made upon them, and are rendered incapable of offering serious resistance, with the result that their bodies do not bear evidence of injuries as might be expected from a severe struggle, while locally there may be all the expected signs of the accomplished act of penetration.

In such a case, the acts and the demeanour of the girl immediately after the alleged commission of crime should be subjected to very critical investigation, as these may provide valuable evidence, corroborative or otherwise, regarding the alleged ravishing. The meatal condition and any signs of drunkenness should be particularly noted.

False accusations

The possibilities of false accusations of rape must be kept in mind. Rape is a serious charge and many cases of alleged rape are not true. In fact, if it were not for the fact that rape can take place from fear, the problem might be fairly easy to solve, for 'a fully conscious woman of normal physique will resist to have her legs separated by one man against her will'. IT HAS BEEN VERY APTLY SAID, 'RAPE IS AN ALLEGATION AND EASILY MADE - HARD TO PROVE AND HARDER TO DISPROVE'.