Q&A with the DA: ‘Date’ rape, ‘domestic’ violence, other crimes against friend or family
(Editor’s note: The information in this special series is for educational purposes only and is not intended to address any particular case, nor should any articles be taken as legal advice. Always consult with an attorney on any legal matter.)
Victims of crimes committed by someone close to the victim often face increased risks due to the closeness of the offender – whether that be a shared family household, shared school or other mutual environment. Victims may not be able to permanently separate themselves from the offender even with court-imposed restrictions on contact. The fact that the offender is a family member or intimate partner makes the crime more dangerous – not less.
The terms “date” as in “date rape” or “domestic” as in “domestic violence” are often used to describe crimes of violence committed against a family member or friend but the designation of “date” or “domestic” do not minimize the horror of the underlying crime. Rape is rape – whether committed against a stranger or against someone the offender knew. Domestic violence is violence – but that term is used to describe violence committed against a family or intimate partner to the offender. The designation as “domestic” violence does not make the violence less violent, and, in fact, often predicts likelihood of reoffending.
We have come to use these terms to describe the relationships between the offender and the victim. Pennsylvania does not have a crime called “date rape.” Date rape is the crime of rape – engaging in intercourse by force, threat of force or against an unconscious person. Adding the designation “date” before the word rape does not change the violent act of rape and should not be taken to mean something other than an act of violence that constitutes the crime of rape. The term “date” preceding “rape” is commonly used to describe rape committed against a victim who knows the offender.
Similarly, Pennsylvania does not have a crime called “domestic violence.” Domestic violence is a designation used to describe the relationship between involved parties where a crime has occurred. We may refer to a crime of strangulation as a crime of domestic violence, meaning that the offender committed the crime of strangulation – that is, the offender placed pressure over the throat or nose and mouth and impeded the breathing or blood flow of the victim – and, additionally, that the offender committed the strangulation against a family member or intimate partner.
Some may interpret the designations of “date” rape or “domestic” violence as crimes that are less serious than if the same act was committed by a stranger. That is the danger with these designations – while they are intended to only describe the relationships between the victim and offender, they unintentionally cause some to minimize the crime, move to find justification for it so as to “mind their own business,” or even to suggest that law enforcement resources should not be spent on them.
But the opposite is true. Area service providers are devoted to providing services to victims and law enforcement is often dispatched for domestic violence calls. In fact, officers are at an increased risk of death when investigating these cases. Rape and violence occurs in our society and the designations of “date” or “domestic” do not minimize or justify the acts. In fact, victims of crimes committed by someone close to them face an increased likelihood of repeated violence and are more likely to be unable to avoid contact with the offender.