Rape, Racism, and the Law - Denials and Accusations of Rape based on Race

Just as the second wave feminist disregarded the plight of minority, working-class women, so did the law regarding rape. It’s very unsettling to think of a time in our government when the rape of an African American woman was legal and race was used as direct evidence for the rape of white women. Jennifer Wriggin begins her article, Rape, Racism, and the Law, discussing the focus on alleged black offenders and white victims of rape; in the eye of the law, all a white woman needed to do in the late 1800s to early 1900s was say a black man raped her and he would be convicted. Bestial behavior has been closely associated with African Americans since the beginning of slavery, making rape a crime assumed to be committed by African American men. In a time period when Emmett Till was brutally murdered for being too friendly to a white woman and his white assailants were found not guilty, it wasn't surprising to discover in Wriggin’s article that all a white woman needed to do was call fowl and the case was closed. What’s worse is that the rape convictions for black offenders still remain much harsher when the victim is white, oppose to vice versa.

In addition to this course, I’m also enrolled in a Race and Ethnic Relations course this semester and my professor summed up the objective of white segregationists as protecting the purity of their white women. It’s a pretty adolescent summation of white oppression, but is evident in Wriggin’s article. Taking a look at the Central Park Jogger case, Wriggin’s claims hold true. The case involved four African Americans and one Latino put on trial for allegedly raping an affluent white woman in Central Park. The five teenagers didn't commit the crime but were influenced to plead guilty which was disproved years later through DNA testing. The harsh convictions of alleged black offenders is just one side of the race issue, the race/rape issue takes an ugly turn when the alleged offender is white and the victim is black.

Twana Brawley, a fifteen year old African American, was found unconscious in a dumpster and later accused six white men of rape. Tawana’s case was highly publicized, with much controversy due to inconsistencies in the case. Whether Tawana’s accusations had holes or not ceases to be the issue at hand, the mere fact that this person’s race and the race of her attackers determined how the case was handled and how the media reported it illustrates the institutional racism that exists in the courts. If Tawana was a white teenager, the emphasis wouldn't have been on whether or not she was telling the truth, but more on her attackers – who would more than likely be assumed to be black.

With every highly publicized case of rape, comes the awful reminder of the rape culture that exists in our country. The extent to which law enforcement investigates a person’s accusation should not be determined by gender or race. Victim shaming and harsh convictions with lack of evidence are all too common and race is the underlying determinate in both instances. Wriggin’s suggest we rid the legal system of racist ideologies and look at sexual assault for what it is rather than who committed it. The belief that African American men behave like beasts and African American women are hyper-sexual does not excuse behavior or sexual assault and should not determine conviction. Sexual assault is a crime, regardless of race.

Given the media coverage on recent sexual assault cases, do you think there will ever be a time in our culture and legal system where rape convictions won’t be founded on gender, race, and class of both victim and offender?