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23 Mich. J. Gender & L. 1 (2016)
Prosecuting Rape Victims While Rapists Run Free: The Consequence of Police Failure to Investigate Sex Crimes in Britain and the United States

handle is hein.journals/mjgl23 and id is 11 raw text is: PROSECUTING RAPE VICTIMS WHILE RAPISTS RUN FREE: THE CONSEQUENCES OF POLICE FAILURE TO INVESTIGATE SEX CRIMES IN BRITAIN AND THE UNITED STATES kisa cvalos* ABSTRACT Imagine that a close friend is raped, and you encourage her to report it to the police. At first, she thinks that the police are taking her report seriously, but the investigation does not seem to move for- ward. The next thing she knows, they accuse her of lying and ulti- mately file charges against her. You and your friend are in shock; this outcome never entered your minds. This nightmare may seem inconceivable, but it has in fact occurred repeatedly in both the United States and Britain-countries that are typically lauded for their high levels ofgender equality. In Britain, where perverting the course ofjustice is a serious crime with a potential term of life in prison, many rape complainants have been sent to prison for two and three year terms. This five-part Article analyzes this problem and sets out recommendations for legal reform. TABLE OF CONTENTS ABSTRACT - 1 TABLE OF CONTENTS * 1 INTRODUCTION * 4 1. THE CHRONIC FAILURE TO INVESTIGATE RAPE IN THE WEST - 6 Assistant Professor of Law, University of Arkansas School of Law. I would like to thank Lisa Longstaff, Nina Lopez, Rodger Patrick, Sharon Foster, Peter Barron, Ilene Seidman, Lorie Graham, and William Foster for their insightful comments on this paper. Additionally, I would like to thank Samantha Baker, Ann Marie Carson, and Grace Casteel for their superb research assistance. This paper was prepared in consultation with Women Against Rape (WAR), a London-based grassroots organization that has campaigned for justice for rape survivors since 1976. I have collaborated with WAR since 2012, when I learned of their work with women who were pressured by police to withdraw their rape allegations. In 2007, WAR first launched a campaign to end the British policy of prosecuting women who report rape and are disbelieved, and their research into how frequent these prosecutions are is ongoing. I am grateful to WAR for introducing me to several of the survivors of these practices and their families, including Gail Sherwood and others.

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