Good Essay On With The Rape Shield Laws In Most Jurisdiction, Why Is It That Rape Is Such An Under Reported Crime?

The provisions of the rape shield law provide protection to the victims of sex crimes from being impeached by the defendant during the litigation proceeding. The defendant is precluded from presenting evidence pertaining to the rape victim’s past sexual behavior, history, or reputation that could taint the victim’s credibility and honor. However, many rape victims choose to keep silent and fail to report the crime to the authorities despite the protection provided by the statute on the victim’s past sexual conduct, making rape an underreported crime.
Estrich (1987) examined the response of rape victims to the crime and pointed out the strong ties between a prior relationship or other variable factors, such as sustaining injury or being subjected to force, and the rate of reporting of the incident. Rape becomes an underreported crime because the victims usually know their assailant. The closer the victim is to their attacker, the higher the probability that the victim will not report the incident to the authorities. Rape victims who were subjected to trauma or serious threats are also likely not to report their experience despite the comforting protection offered by the rape shield law. The traumatic experience, fear and humiliation appear to be stronger factors that motivate the victims of rape to keep silent about their experience. Moreover, the application of the restriction clause under the statute concerns mainly the issue of consent and on some limited grounds only. Consequently, the rape shield law does not provide an absolute protection to the rape victim.
In conclusion, the harrowing experience of rape victims can serve as a barrier that prevents them from reporting the crime to the authorities. Moreover, because the rape shield law does not offer absolute protection to the victims of rape, the victim finds it best not to bring a lawsuit where they can be subjected to another round of humiliation when asked to relate their horrible experience in the hands of their assailants.

Reference:

Estrich, S. (1987). Real Rape. How the legal system victimizes women who say no. USA: Presidents and Fellows of Harvard College.