Friday, April 17, 2020
Should Names of Rape Victims be disclosed in Public
Rape, a heinous crime committed against women involves forced intercourse which causes physical and psychological pain to the victim. The aftermath of the crime can continue to be a cause of distress for the victim as a result of police investigations. Rape has a stigma surrounding it and the attention which rape victims receive makes it hard for them to get back to their daily lives. The shame associated with rape attracts unwanted public and media attention, making victims susceptible to more psychological distress.Advertising We will write a custom essay sample on Should Names of Rape Victims be disclosed in Public specifically for you for only $16.05 $11/page Learn More There is an ongoing debate between the protection of rape victimsââ¬â¢ individualââ¬â¢s right to privacy and the right to freedom of press guaranteed by the first and fourteenth amendments (Denno 1993, p. 1115-1116). The issue of revealing a rape victimââ¬â¢s identity is a ma tter of controversy. Proponents argue that information about the rape victim should be disseminated in an honest and truthful manner while opponents assert that the identity of rape victims should not be revealed given the serious nature of the crime. However, research and studies indicate that rape victims could receive ââ¬Å"negative reactions from formal support providersâ⬠which could be ââ¬Å"particularly harmful for themâ⬠(Ahrens 2006, p. 264). The media does practice voluntary restraint when reporting rape crimes; however, there is no law governing the disclosure of rape victims. Some states such as South Carolina, Florida and Georgia have statutes which prohibit media companies from publicly announcing the names of alleged rape victims (Denno 1993, p. 1115). However, the lack of concrete laws preventing disclosure of rape victimsââ¬â¢ identities has sparked a conflict. Some journalists debate that disclosure of victims is an important obligation for maintaini ng the accuracy and credibility of news. Overholser (1989) asserts that since ââ¬Å"rape is an American shameâ⬠it is not appropriate to ââ¬Å"hideâ⬠or ââ¬Å"hush it upâ⬠(para 15). She further adds that it should be revealed in all honesty to the public since hiding information related to rape will only result in muting ââ¬Å"public outrageâ⬠(Overholser 1989, para 15). Overholserââ¬â¢s strong position in favour of revealing the names of rape victims stems from her belief that an act of non disclosure will only undermine the serious nature of the crime and promote shame for the victim. Moreover, underreporting is tantamount to silence and an indication of shame to the innocent victim. She asserts that in order to remove the stigma associated with rape it is important to treat is as any other crime and report the news in all honesty (Overholser 1989, para 5). She states that rape should be treated equally like other crimes such as abortion and murder so th at public awareness will increase and the rate of rape crimes will reduce. She urges women who have suffered from this ââ¬Å"awful crimeâ⬠to speak up, and ââ¬Å"identify themselvesâ⬠so that the stigma associated with rape can be eradicated (Overholser 1989, para 12).Advertising Looking for essay on law? Let's see if we can help you! Get your first paper with 15% OFF Learn More On the other hand, some scholars argue that rape victims have already been through an ordeal due to the heinous crime and do not bear the responsibility of removing the stigma attached to rape by disclosing their identities and compromising their right to privacy. Analysts who vouch for the non disclosure of rape victimsââ¬â¢ identities base their stance on the stigma and trauma associated with rape. There is an ongoing debate about the consequences of revealing a rape victimââ¬â¢s personal details. Research indicates that victims could receive negative reactions such as blami ng the victims for the crime (Ahrens, 2006). When victims of rape are subjected to blame, they feel doubly victimized (Campbell, 1998). Research also confirms that rape victimsââ¬â¢ apprehend public disclosure due to the fear of rejection by friends and family since ââ¬Å"the great majority of rapes are committed by an acquaintance or relative and, therefore, the consent of the victim is often presumedâ⬠(Denno 1993, p. 1125). Studies indicate that 71% victims had concerns about their identity being disclosed to their family, 69% worried that society would blame them for the crime while 68% expressed fears of invasion of privacy from outsiders upon disclosure of their names in public (Denno 1993, p. 1125). A National Womenââ¬â¢s Study affirms that majority of the women in the United States favour a legislation to ban the media from publicly disclosing personal information about rape victims (Denno 1993, p. 1130). Many rape cases are not reported to the police due to the stigma associated with the crime and the embarrassment it brings to the victim. Non disclosure of names could serve to be an added incentive to victims to report rape cases without the fear public exposure. Both proponents and opponents of the debate surrounding the disclosure of the victims in rape cases hold justifiable views. Naming a rape victim could cause problems like trauma and shame to the accused. Hence, in the best interest of the victim and the accused, I support the view that names of rape victims should not be revealed to the general public. Privacy of victims remains to be a primary cause for concern in rape crimes while journalists press for disclosure of victims based on the right to freedom of press. So far the media has not been held accountable for disclosure of rape victimsââ¬â¢ identities. However, considering the serious nature of the crime and the trauma associated with it, serious thought should be given to state legislation for protection of victimsâ⬠⢠privacy. Works Cited Ahrens, Courtney. ââ¬Å"Being silenced: The impact of negative social reactions on the disclosure of rape.â⬠American Journal of Community Psychology 38 (2006): 263-274. Web.Advertising We will write a custom essay sample on Should Names of Rape Victims be disclosed in Public specifically for you for only $16.05 $11/page Learn More Campbell, Rebecca. ââ¬Å"The community response to rape: Victimsââ¬â¢ experiences with the legal, medical, and mental health systemsâ⬠. American Journal of Community Psychology 26 (1998): 355-379. Web. Denno, Deborah W. ââ¬Å"Perspectives on Disclosing Rape Victimsââ¬â¢ Namesâ⬠. Fordham Law Review. 61.5 (1993) Web. https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?referer=httpsredir=1article=3032context=flr Overholser, Geneva. ââ¬Å"Why Hide Rapes?â⬠New York Times. 11 Jul. 1989. Web. https://www.nytimes.com/1989/07/11/opinion/why-hide-rapes.html?mtrref=undefinedgwh=2F7D4 C4EE92E4C6BD958CD9409FCD80Cgwt=payassetType=REGIWALL This essay on Should Names of Rape Victims be disclosed in Public was written and submitted by user L10nheart to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.
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