54 Discourse and Rape
profession, and those who are married are most likely not to get
justice in the legal system. The study (WLB Inc. 2005) revealed that
ninety five percent (95%) of the 490 women won their cases because
they were virgins prior the incident of rape. This scenario also brings
back the notion that women who are virgins are more priced than
those who are not virgins (Brownmiller 1975, 19).
Moreover, the question on consent has always been an
issue to complainant credibility. In the more stringent laws, there
are requirements that victims prove they risk injury by resisting
an assault. In anything less than sustained physical resistance,
intercourse is consensual. Establishment of consent in the courtroom
is often based on medical evidence that shows there are physical
bodily trauma. Feminists argue that rape litigations are restricted,
and rather than protect women, they reinforce traditional sexist
attitudes. In the same way, the behavior of a complainant before,
during, and after a rape incident most of the time serves as basis for
the conviction or acquittal of an accused (WLB Inc. 2005, 215). For
example, the “normal conduct” of a woman is to behave properly in
public so that she is not victimized. If she is raped, she should have
utmost resistance, and hematoma on parts of her body proves such
resistance. She is likewise expected to report the incident of rape as
soon as she can, and she must show her spontaneity in her manner
of reporting to the police and in her testifying in court.
Furthermore, the belief that rape is a crime of lust or passion
makes it convenient on the part of the accused to place the blame on
a victim. His claim that he is driven by male sexual drive rather than
conscience is perceived to be acceptable (Ehrlich 2001, 57). This is
to say that men rape because of their libido. Since there is a view that
rape is a product of lust, and men are controlled by this wanting to
fulfil this desire, a victim is to be blamed if she has caused arousal of
this desire through her behavior and physical attractiveness.
Another common defense in rape cases especially in date or
acquaintance rape is the notion that there is an intimate relationship
between a complainant and an accused. In this relationship theory, a
claim of having an intimate relationship with a complainant is often
an excuse of the accused. In the case of People v. Salazar (WLB Inc.
2001 in WLB Inc. 2005a, 61), the Court ruled out the possibility of