I just watched this episode again and I couldn’t help but think how relevant it is to this day. You would think twenty something years later that things would have changed but they haven’t. With the current Cornell case going on I was really shocked to see how accurate it was to what happens to rape cases in today’s justice system. The public and the court are more focused on the victim and their actions rather than the accused. In this episode its a classic he said she said story; they both have two sides that tell very different versions of events, and Elliot and Olivia both disagree on who to believe. The victim’s sex life is immediately brought up, like the fact that she has many boyfriends even though he does too. They also say that her wearing sexy underwear shows that she met up with him intending to have sex. They argue that if she really was raped she would’ve gone right to the police instead of calling a taxi. The defense paints her as unstable, crazy, and unreliable. It ends without saying whether the jury finds him guilty or not guilty.
It kind of reminded me of season 6 episode 5 where the victim changes her story so many times to protect her real rapist who is her fathers boss, but by the time they put him on trial they find him not guilty due to her story having changed so much.
It feels like nothing has really changed since then. Nowadays rape is still damn near impossible to prove, and the victim seems to be the one on trial rather than the rapist. I think it says a lot about how we’ve progressed in the past twenty years in protecting and understanding rape survivors. A rape victim is promiscuous before or after, she is unreliable. A rape victim shows clear symptoms of ptsd afterwards, she’s unstable. Every single choice that the victim makes before and after is scrutinized, and even though we’ve made progress in understanding PTSD and the effects of sexual trauma it still isn’t recognized when it comes to prosecuting their rapists. Like everyone knows that it’s really common for victims to not go to the police in fear of being retraumatized, or not believed, or retaliated against, but people still say that if you didn’t go to the police and report it right away that must mean it never happened.
With the Cornell rapists, the victim didn’t realize she had been raped for several days (probably due to denial or shock), and they say that she had buyers remorse. She had sex willingly with two guys and got drunk and did ketamine so that means she’s a wh*re who deserved to be raped by all the other men that joined in who she didn’t consent to having sex with. There is a whole group of thousands of men who are intent on humiliating women who accuse any man of rape, no matter how clear the evidence is. They dig up your entire personal life and use anything they can to humiliate and embarrass you and try to convince everyone you are either a liar and it never happened, or it happened but you deserved it and no matter what, the rapist did nothing wrong. They focus more on how the rape costs the rapists reputation than what it costs the victim. As if it isn’t super rare for a rapist to actually be convicted no matter how much evidence is in the victims favor. Like as a man, you are so much more likely to be raped than to be ever accused of rape. At the end of the trial in the episode, Novak said to the jury something along the lines of, why would she put herself through all of this if she had been lying? And i think that sums it all up. I don’t think any sane person would lie just to endure so much humiliation, judgement, and trauma that comes with accusing someone of rape for the 1% chance that you might get justice.
I feel like SVU has done a really good job of showing how complicated and difficult it can be to actually charge and prosecute a rapist and what it’s like for the victims, and it’s just really sad to see that not much progress has been made all these years later. There is rarely ever a perfect victim, but the victims choices and actions and past are not what’s on trial. People still treat rape victims the same way they did twenty years ago. Like with the Cornell case, I was shocked to see how many men openly take the side of the rapists. I know that things like the manosphere and the incel bullshit has brought our society backwards a lot. But the fact that people are so comfortable to go online and harass victims and openly proclaim their support for rapists and pedophiles is just so insane to me. People used to get punished for saying stuff like that! I just feel so sad to see how little has changed. It feels like things may have even gotten worse in the past twenty years.