Cultic Studies Journal, Vol. 15, No. 1, 1998, page 9
York court, in failing to accept the prosecution‟s theory that the Hare Krishna religion
intimidated and restrained two victims, relied in part on the First Amendment to the federal
Constitution and the comparable state Constitution, stating that such a theory is “fraught
with danger in its potential for utilization in the suppression --if not outright destruction --
of our citizens‟ right to pursue, join and practice the religion of their choice, free from a
government created, controlled or dominated religion ....”64
There are substantial hurdles to overcome in prosecuting cult-rape --such as courts‟
emphasis on the use of force, despite the victim‟s mental vulnerabilities difficulties in
establishing lack of consent in cult-rape cases and courts‟ resistance toward embracing the
theory that cults use coercive persuasion on their members. Nevertheless, law is always
evolving and as more cult-rape cases are brought, perhaps changes beneficial to victims will
occur.
D. Suggestions for the Future Regarding Rape Prosecution
An emerging area for reform is in the prosecution of acquaintance rape. Some
commentators contend that the new rape laws neglected to improve prosecution of rape
perpetrated by those whom the victim knows --such as a boyfriend, platonic friend,
colleague, and other acquaintances.65 Acquaintance rape is similar to cult-rape in that both
are performed by someone whom the victim knows, thereby making it more difficult to
prove lack of consent. Further reform of the rape laws to expand the definition of consent
would be beneficial for all rape victims, whether cult members or nonmembers, who were
raped by a nonstranger.
To effectuate more successful prosecutions of acquaintance rape, some states have included
in their definitions of rape a standard such that where no words or overt acts of consent are
given, there is a presumption of lack of consent.66 Under this definition, both parties
engaging in sexual intercourse would need to affirmatively, by words or acts, indicate
consent. Other states have adopted statutes whereby nonconsent must be proven by the
victim‟s words or conduct or by other circumstances, placing the onus on the parties to
indicate nonconsent.67
Some commentators advocate that prosecutors should use lower-grade statutes for
acquaintance rape.68 Because juries are more likely to convict a defendant of rape by a
stranger, a lesser penalty for acquaintance rape may make convictions easier to secure.
Furthermore, the lower-grade statutes may not require a showing of consent or nonconsent.
However, a lower-grade statute prosecution would treat acquaintance rape as a less serious
crime.69
Professionals from many disciplines--legal, mental health, and medical --could help to
address the prevalence of rape in society at large and to ensure more effective prosecution
of the crime. Rape prevention education needs to continue. District attorneys‟ offices, as
well as police departments, have been speaking with young adults and community groups
about the new rape laws and the institutional support for rape victims, and have also been
teaching techniques for avoiding rape.70 In speaking with mental health professionals at the
1997 annual American Family Foundation conference, many of them did not know about the
new rape laws. Perhaps counselors of cult-rape victims should provide information about
these laws to their patients. This, of course, presumes that cult-rape victims seek out
counselors.
But education directed at preventing and prosecuting the crime does not go far enough. We
should challenge cultural values that promote and condone sexual violence. As law
professor Elizabeth M. Schneider has stated, “When we change the laws, social attitudes lag
and limit effective implementation.”71
York court, in failing to accept the prosecution‟s theory that the Hare Krishna religion
intimidated and restrained two victims, relied in part on the First Amendment to the federal
Constitution and the comparable state Constitution, stating that such a theory is “fraught
with danger in its potential for utilization in the suppression --if not outright destruction --
of our citizens‟ right to pursue, join and practice the religion of their choice, free from a
government created, controlled or dominated religion ....”64
There are substantial hurdles to overcome in prosecuting cult-rape --such as courts‟
emphasis on the use of force, despite the victim‟s mental vulnerabilities difficulties in
establishing lack of consent in cult-rape cases and courts‟ resistance toward embracing the
theory that cults use coercive persuasion on their members. Nevertheless, law is always
evolving and as more cult-rape cases are brought, perhaps changes beneficial to victims will
occur.
D. Suggestions for the Future Regarding Rape Prosecution
An emerging area for reform is in the prosecution of acquaintance rape. Some
commentators contend that the new rape laws neglected to improve prosecution of rape
perpetrated by those whom the victim knows --such as a boyfriend, platonic friend,
colleague, and other acquaintances.65 Acquaintance rape is similar to cult-rape in that both
are performed by someone whom the victim knows, thereby making it more difficult to
prove lack of consent. Further reform of the rape laws to expand the definition of consent
would be beneficial for all rape victims, whether cult members or nonmembers, who were
raped by a nonstranger.
To effectuate more successful prosecutions of acquaintance rape, some states have included
in their definitions of rape a standard such that where no words or overt acts of consent are
given, there is a presumption of lack of consent.66 Under this definition, both parties
engaging in sexual intercourse would need to affirmatively, by words or acts, indicate
consent. Other states have adopted statutes whereby nonconsent must be proven by the
victim‟s words or conduct or by other circumstances, placing the onus on the parties to
indicate nonconsent.67
Some commentators advocate that prosecutors should use lower-grade statutes for
acquaintance rape.68 Because juries are more likely to convict a defendant of rape by a
stranger, a lesser penalty for acquaintance rape may make convictions easier to secure.
Furthermore, the lower-grade statutes may not require a showing of consent or nonconsent.
However, a lower-grade statute prosecution would treat acquaintance rape as a less serious
crime.69
Professionals from many disciplines--legal, mental health, and medical --could help to
address the prevalence of rape in society at large and to ensure more effective prosecution
of the crime. Rape prevention education needs to continue. District attorneys‟ offices, as
well as police departments, have been speaking with young adults and community groups
about the new rape laws and the institutional support for rape victims, and have also been
teaching techniques for avoiding rape.70 In speaking with mental health professionals at the
1997 annual American Family Foundation conference, many of them did not know about the
new rape laws. Perhaps counselors of cult-rape victims should provide information about
these laws to their patients. This, of course, presumes that cult-rape victims seek out
counselors.
But education directed at preventing and prosecuting the crime does not go far enough. We
should challenge cultural values that promote and condone sexual violence. As law
professor Elizabeth M. Schneider has stated, “When we change the laws, social attitudes lag
and limit effective implementation.”71
