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Mary White Stewart, Shirley A. Dobbin and Sophia
I. Gatowski, ""Real Rapes" and "Real Victims":
the Shared Reliance on Common Cultural Definitions of Rape", Feminist
Legal Studies IV/2 (1996), 159-177. - The processing of rape cases in
one U.S. state serves as the background for an examination of the definitions
of reality used by rape victims and those officials at various levels of
the system with whom they must interact. As a result of engaging in this
study, the authors became aware of the consistency with which cultural myths
and stereotypes surrounding women and their relationship to men were embraced
at all levels of the justice system, and by all parties involved. Our investigation
found, for example, that victims, police, and district attorneys all talk
about rape in terms of "risky and inappropriate behaviour," and
"credibility of the victim." It is our contention that the cultural
myths and stereotypes surrounding rape, and the rape victim, provide a compelling
example of how people in very different positions in the social system appear
to rely on the same taken-for-granted explanations and assumptions about
reality. And, as a consequence of these myths and stereotypes of rape, the
victim is often forced to accept a definition of reality that is removed
from her own experience. The perceived legitimacy of these shared cultural
myths and stereotypes is reflected in the acceptance of a world view as
seen through the eyes of a "reasonable man," and this operates
to the implicit and explicit detriment of the victim. The adoption of a
"reasonable woman" standard, and increased recognition of, and
sensitivity to, the reality of rape, it is argued, may lessen the impact
of damaging cultural myths and stereotypes. The authors conclude by posing
a number of questions for consideration regarding the implications of this
research for the processing of rape cases through the justice system.
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