A Credibility Gap in Cases of Rape

A Credibility Gap in Cases of Rape. In cases of sexual assault, the credibility of the victim is crucial to whether law enforcement will investigate the assault, prosecutors will bring charges, and whether the jury will ultimately find the defendant culpable. Time and again, victims who come forward recount being disbelieved at each stage of the criminal justice system, a function of what Professor Deborah Tuerkheimer calls credibility discounting. The credibility discount is biased disbelief of the more vulnerable, less powerful party. Tuerkheimer discusses how the credibility discount is at its apex in sexual assault cases and impacts law enforcement intake and investigation in rape cases. She also explores the laws that have made rape charges particularly difficult in the United States such as unique corroboration requirements, prompt outcry rules, cautionary jury instructions, marital rape exceptions as well ill-conceived intoxication rules and resistance requirements. Tuerkheimer explores the surprising legal history of rape law and the formal and informal burdens still imposed on victims today.