The Institutionalisation of Gender Inequality during Rape Cases

GENDER INEQUALITY AND RAPE 1
The Institutionalisation of Gender Inequality during Rape Cases
Name
Institution
GENDER INEQUALITY AND RAPE 2
The Institutionalisation of Gender Inequality during Rape Cases
In the 2015 book Missoula, Jon Krakauer attempts to understand rape cases from a
victim’s perspective. Throughout the narrative, the author focuses on cases where victims
know the perpetrators and unravels and details why most of the victims do not seek legal
redress. He pens the testimonies of rape survivors from the University of Montana, Missoula,
in cases that occurred over a two-year period. The books details interviews with the victims,
court transcripts and quotes such as one by Jessica Valenti (2009), ‘‘Women don’t get raped
because they were drinking or took drugs. Women are not raped because they were not
careful enough. Women get raped because someone raped them.” He finds that gender
inequality remains a barrier victims face when attempting to get justice through the
university’s judicial process and the criminal system.
Krakauer outlines gender bias within the police force that works against female
victims and in favour of their male attackers. In one example, a detective reassures a
suspected male student that she was certain he could not have committed the crime because
many girls report cases that did not amount to rape. This detective’s position was supported
by the town police chief who sites research articles claiming 45% of reported rape cases are
false. Krakauer, however, counters this argument by siting accurate research that puts the
figure of false rape reports between 2 to 8%. In one case involving victims Kerry Barret, the
detectives tell the alleged rapist that he appeared to be a good person with a bright future.
Another survivor, Kelsey Belnap, says that the detective’s response and twisted narrative in
favour of the male rapist made her feel like the perpetrator.
Throughout the book, Krakauer demonstrates how the football players’ reputations
shift the blame to their victims. Football players are idolized in Missoula and when they are
accused of rape, fans abuse the victim rather than hold the player accountable for his actions.
The author attempts to show that the idolization of male football players in the community
GENDER INEQUALITY AND RAPE 3
leads to a feeling of entitlement to sex. In one case, Beau Donaldson confesses to raping
Alison Huguet over the phone. Despite his confession, the criminal justice system still found
him not guilty and he was readmitted into university. His re-admittance demonstrates the
university authorities’ tolerance for rape on their campus and contributes to the assumption
that his actions were harmless.
Although comprehensive in his analysis of small town rape culture, Krakauer fails to
give nuanced detail to laws and policies that allow gender inequity to favour male
perpetuators over their victims. The book outlines how the Department of Justice and the
Department of Education conducted investigations on women categorised as a class. The
authority to conduct such investigations came from the Title IV of the 1964 Civil Rights Act
and Title IX of the 1972 Education Amendment. By failing to cite these laws, Krakauer does
not clearly illustrate how this collaboration between prosecutors, universities, and law
enforcement agencies contributes to the public perception of male rapists as harmless.
Moreover, he errs when he attempts to associate Title IX with the participation of women in
sports. The legislation simply explains that women deserve equitable treatment and the
school officials should observe the provision. His assertion that schools should have a
comprehensive system to deal with rape cases but fails to mention relevant gender equity
laws, thereby implying that the schools are at liberty to classify the students. Unlike the
perpetrators, the victims enjoy protection under civil law. The author is correct in pointing
out that prosecutors use the ‘‘probable cause’’ to dismiss cases thereby having the authority
of picking which cases to prosecute.
GENDER INEQUALITY AND RAPE 4
Reference
Valenti, J. (2009). The purity myth: How America's obsession with virginity is hurting young
women. Seal Press.

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