The Instrumental Effects of Reform

Abstract

Many rape reform advocates predicted that statutory changes in rape laws would affect the processing and disposition of rape cases. As discussed earlier, several aspects of the reforms led to predictions of instrumental change. Reformers anticipated that redefining the crime of rape and providing a range of charges would lead prosecutors to file charges in cases that might not have fit under traditional definitions. They also believed that definitional changes would increase convictions because the availability of appropriate lesser charges would facilitate plea bargaining and would discourage jury nullification by juries who were reluctant to convict for forcible rape.

I won a case which I don’t think I’d have won under the old laws. It involved a member of a motorcycle gang who raped a 16-year-old who appeared to be promiscuous. The evidence was kept out, the case went to trial, and the defendant was convicted. —Detroit Prosecutor

I lost a case involving a stripper with a history of prostitution because I couldn’t introduce her record of prostitution. —Philadelphia Defense Attorney

Knowing the law is there will make it more likely the victim will report the crime. —Chicago Judge