I. INTRODUCTION AND STATEMENT OF THE RESEARCH PROBLEM Rape prosecutions present unique difficulties for the justice system. (1) According to the Bureau of Justice Statistics, rape remains one of the most under-reported of all crimes, as only 36% of sexual assault victims report the crime to the police. (2) Of the just over one-third of rapes that are reported to law enforcement, cases are cleared by arrest in fewer than 42% of cases. (3) Data on rape conviction rate vary significantly by study and range from a shockingly low 4% to 5%, (4) to 20%, (5) to a high of 73%. (6) In spite of the wide variability in conviction rates, it certainly seems that rape defendants enjoy a significantly higher rate of acquittal than those charged with other serious felonies, as the conviction rate for murder stands at 80%, driving related offenses at 73 %, motor vehicle thefts at 68 %, burglaries at 66%, and drug trafficking at 64%. (7)
