The criminal justice system and victims of rape : a case study

Abstract

This study looks into the relationship between the Criminal Justice System and Victims of Rape. For the purpose of this research victims of rape are exclusively women who would have suffered the crime of rape by a man. This research looks deeply into the entire experience of women from the minute they report the crime in light of seeking justice. The data for this study was collected through qualitative methods of research, whereby in depth interviews were held with participants that come across both victims of rape and the Criminal Justice System. The sample size of four professionals was chosen representing the victim, the criminal justice system and society. The data collected was also compared to rulings that would have already been decided in Malta, to ensure the relevance of the first hand information that was gathered. The Criminal Justice System might be seen that during its procedures victims of rape are considered as any other evidence to proof a case however, one must not eradicate the fact that medical evidence in a rape case commonly is removed unconsciously by the victim. Thus, this leaves the Court with only the victim to narrate her version of events and this usually results in conflicting evidence to that presented by the accused. Although, advances have been made towards victims within Criminal Procedures, there is still lack of awareness and support on the steps victims should take once they have been raped, that will facilitate their hearing through a greater evidential value.