Lawyers Manual - Unified Court System

188 Jill Laurie Goodman
affection or guilt, and, while she may want to stop the abuse, she still may seek
to avoid causing her abuser harm. She, like other domestic violence victims,
may be economically dependent on her abuser and therefore loathe to see him
incarcerated. She may simply be terrified by his threats to harm her if she
participates in the case against him. The prosecution may move forward while
she is trying to rebuild her life, looking for a job and housing, or still recovering
from psychic and physical trauma. Even more than other rape victims, a victim
of intimate partner rape faces questions about her credibility, and, like other
victims of non-stranger rapes, these questions may go directly to her character.
She may find that friends and family share societal prejudices against women
who are victims of rape. The closer and more intimate the victim and defendant,
the greater the victim’s reluctance to proceed with the prosecution may be, and
if the victim and perpetrator are married, the difficulties may be great indeed.
As a prosecutor, you can try to overcome a victim’s reluctance by providing
support. You can listen to her, make clear you believe her, and let her know that
you understand the courage it takes to go forward with this kind of case. You
should make sure she has access to resources in her community, both domestic
violence agencies and rape crisis centers. Consulting with her about strategy,
among other things, confirms your commitment to her.
You should also tell the victim why you think this prosecution is important.
If you believe the defendant is a serious threat to the community and should be
in prison to protect the public from his violence, you can explain that her
participation is important not just for herself but for others. If her own safety is
a major issue and you think other charges against him, for example, assault or
burglary, will not result in the kind of sentence that will keep him from harming
her again, you should let her know your concerns. If you see a pattern of attacks
increasing in frequency and severity that make you fear for her life, you should
tell her.
Credibility
Like civil practitioners, you will have to confront sharp attacks on the
victim’s credibility. Stranger rape prosecutions are likely to hinge on questions
of identification, and the victim will probably be portrayed as mistaken, rather
than lying, and the attacks on her may be muted. Intimate partner sexual rape
cases are likely to pit the victim’s word against the perpetrator’s, so demolishing
the victim’s character commonly is the defense strategy of choice.
As prosecutor, you should look for supporting and corroborating evidence
that will enhance the victim’s credibility. You may be fortunate enough to have