Are You Asking For It?


Harper's magazine carried an item from the American Bar Association Journal declaring that few rapists are punished for their crime; only one in ten rapes are reported and only one out of eight reported rapes ends in a conviction. In a dialogue to demonstrate why most rape victims prefer not to press charges, the article asks us to imagine a robbery victim undergoing the same kind of cross-examination a rape victim experiences:

Lawyer: "Mr. Smith, you were held at gun point on the corner of First and Main?"

Mr. Smith: "Yes."

Lawyer: "Did you struggle with the robber?"

Mr. Smith: "No."

Lawyer: "Why not?"

Mr. Smith: "He was armed."

Lawyer: "Then you made a conscious decision to comply with his demands rather than resist?"

Mr. Smith: "Yes."

Lawyer: "Did you scream? Cry out?"

Mr. Smith: "No. I was afraid."

Lawyer: "I see. Have you ever been held up before?"

Mr. Smith: "No."

Lawyer: "Have you ever given money away?"

Mr. Smith: "Yes, of course."

Lawyer: "And you did so willingly?"

Mr. Smith: "What are you getting at?"

Lawyer: "Well, let's put it like this, Mr. Smith. You've given money away in the past. In fact, you have quite a reputation for your generosity. How can we be sure you weren't planning on having your money taken by force?"

Mr. Smith: "Listen, if I wanted..."

Lawyer: "Never mind. What time did this hold up take place?"

Mr. Smith: "About 11:00 p.m."

Lawyer: "You were out on the street at 11:00 p.m.? Doing what?"

Mr. Smith: "Just walking."

Lawyer: "Just walking? You know that it's dangerous being out on the street that late at night. Weren't you aware that you could have been held up?"

Mr. Smith: "I hadn't thought about it."

Lawyer: "What were you wearing?"

Mr. Smith: "Let's see...a suit. Yes, a suit."

Lawyer: "An expensive suit?"

Mr. Smith: "Well, yes, I'm a successful lawyer, you know."

Lawyer: "In other words, Mr. Smith, you were walking around the streets late at night in a suit that practically advertised the fact you might be a good target for some easy money, isn't that so? I mean, if we didn't know better, Mr. Smith, we might even think that you were asking for this to happen, don't you agree?"