If we imagine a person who has been robbed undergoing the sort of cross-examination
that a rape survivor does, we may better understand why most rape survivors
choose not to press charges.
Was He Asking For It?
Mr Smith, were you held up at gun-point on the corner of Market and
George Streets?
Yes.
Did you struggle with the robber?
No.
Why not?
He was armed.
Then you made a conscious decision to comply with his demands rather
than resist?
Yes.
Did you scream? Cry out?
No. I was afraid.
I see. Have you ever been held up before?
No.
Have you ever given money away?
Yes, of course.
And you did so willingly?
What are you getting at?
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 philanthropy. How
can we be sure you weren't contriving to have your money taken by force?
Listen, if I wanted—
Never mind. What time did this hold-up take place?
About 11pm.
You were out on the street at 11pm? Doing what?
Just walking.
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?
I hadn't thought about it.
What were you wearing?
Let's see—a suit. Yes, a suit.
An expensive suit?
Well, yes. I'm a successful lawyer, you know.
In other words, Mr Smith, you were walking around the streets, late
at night, in a suit that practically advertised the fact that you might
be a good target for some easy money. Isn't that so? If we didn't know
better, Mr Smith, we might even think you were asking for this to
happen, might we not?
