Introduction
Rape can be defined as the act of having sexual intercourse with a woman without her consent. To gain a proper understanding with regards to the crime of rape, several considerations are taken into account. Rape is a considerable issue in the world and is therefore not specific to any country. Police do not receive reports of the many cases of rape, yet it continues to happen. Proving of rape cases may also be difficult especially in instances where the physical signs are not evident. The crime may also not be reported because the victim involved crime may fear further victimization. The victim is left powerless as a result of rape, and a majority of them go through the rape trauma syndrome that can have a negative impact on their lives.
Rape as a criminal offense is of a different type since the body is used as a weapon by the attacker. The ordeal may take place in a matter of minutes, however, this feels like hours to the rape victim. The victim comes to the realization that they have survived once the event is over. They may not talk with anyone about their experience nor report it to the law enforcement officers. My analysis of the rape crime comes from the incidence when Nelly was accused of raping Monique Green. The case proves that improper handling of crucial evidence in any rape incident can make it difficult to prove the involvement of a particular suspect.
Delegate your assignment to our experts and they will do the rest.
Monica Greene is reportedly suing Nelly, a rapper aged forty-two years and whose real name is Cornell Iral Haynes Jr. The woman had initially refused to testify against Nelly resulting in the authorities closing the case (Alexander, 2017). Closure of the case meant that no charges could be brought against Nelly. The accuser had alleged that Nelly assaulted her sexually on his tour bus. Monique has provided in her lawsuit documents, the details regarding the alleged event. She claims that Nelly forced her into having sex with him without using a condom and against her will. According to the woman, the incident happened at the Seattle nightclub on October 6 th , 2017, where he performed.
Nelly invited her to an after-party after which she got into an SUV with him. Nelly and Monique were allegedly taken by the SUV to the rapper’s tour bus where she claims the incident took place. Monique as reported by the news outlet, claims that she screamed wanting to get off the bus after the particular incident. She further said that Nelly told her “bye bye” after throwing a 100 dollars bill at her (Alexander, 2017). The defamation claim comes as Monique also alleges that Nelly and her team claimed that she was after "fame, money, and notoriety" Nelly's lawyer in a statement, said that Ms. Greene filing a lawsuit against Nelly seeking money was no surprise. He further said that they believe that greed was the factor that motivated Monique’s accusations. The lawsuit comes after the Dilemma hitmaker felt that the claims made against him tarnished his reputation and was, therefore, seeking his own legal action against Ms. Greene. Nelly’s lawyer said that the action taken by Nelly is the first step with regards to restoring the reputation of the rapper.
The police have finally released evidence connected to the alleged rape case. There were photos that portrayed bed sheets that were tumbled up and the Monique Green, Nelly’s accuser, sitting on the bed crying. There was also the release of a video relating to the incident. Greene's attorney in a letter said that Ms. Greene wonders how her "unimportant" self can go against a celebrity and whether anyone can even believe her (Alexander, 2017). This proved that the current society does not allow a twenty-one-year-old young woman to feel safe enough when she decides to pursue rape charges against a person especially when he is a celebrity.
My views concerning this case point to the fact that the evidence in Nelly's rape case released by the police mainly consisted of video surveillance and photos of crime scenes (Holmstrom, 2017). More evidence should be added such as reports pertaining the DNA evidence found at the crime scene. There is also much other evidence that can be useful in the investigation of the case. For instance, trace pieces of evidence, including fibers, hairs, paint, glass, pattern and impression evidence such as shoeprints, tire marks, fingerprints and handwriting as well as toxicological reports are crucial in coming up with a meaningful conclusion. Hairs and fingerprints are very common types of evidence that can be used in addition to the body fluids where DNA is not available (Peterson et al., 2013). Special considerations should also be made in reference to the injuries that may have been inflicted on Monique during the ordeal. Any appearance of violence that may be documented makes asserting consent rather difficult. The likelihood of conviction is also strengthened by the presence of forensic evidence. By creating a connection between forensic evidence and testimonial evidence or any other types of evidence such as surveillance footage, Greene’s attorney can illustrate or recreate events to a jury.
Before setting up the interview with Monique who is the survivor, I would undertake appropriate preparation by reflecting on the role she will play in my interview and on the goals of my story. For example, I would consider whether the experience of the survivor is a good fit for my story. I would also find out whether there are any legal considerations for instance, whether she has any restrictions as a result of a pending criminal trial (Peterson et al., 2013). I would ask Monique whether she bathed after the particular rape incident. I would also ask her where exactly the incident took place, how it happened and the types of the act that occurred. I would ask Monique to give a description of the object used.
The other question I would ask the victim is how many times the incident took place and how long it lasted. I would ask whether she was threatened or forced in any way. I would also ask Monique whether Nelly touched or fondled her anywhere else and if he used any type of lubrication (Holmstrom, 2017). I would also ask if Nelly really ejaculated and what happened after the assault. Lastly, I would ask Monique if she reported the incident and to whom. In case the sexual assault took more than seventy-two hours, why she waited to tell somebody else.
Type of Profile Identified in the Case
The Non-DNA evidence would be of great value in the rape case, especially in the rape case against Nelly that has been reported after seventy-two hours. The physical evidence including the pattern and impression evidence, digital forensics, and toxicological reports are essential (Holmstrom, 2017). All these examples of non-DNA forensic evidence can be applied in associating a suspect with the victim. The suspect can also be associated with the crime scene in addition to corroborating other evidence. In this case, for example, the victim claims that her pants were forcefully removed by Nelly after which she was thrown into bed (Peterson et al., 2013). Monique's clothes can therefore effectively analyzed for any forensic evidence such availability of fingerprints. There is also the need to thoroughly undertake relevant medical examination to find out whether there is any indication of violence.
Conclusion
Rape is an issue that is growing and affects people from all classes including the popular people like Nelly. As prevalent as it is, rape remains an underreported criminal offense. The victims have to go through a difficult experience in their lives hence may not be able to come forward to discuss the matter. It is important that every person is educated on how to effectively handle the evidence after the rape incident and also be ready to discuss the matter with a trusted person or the authorities.
References
Holmstrom, L. L. (2017). The victim of rape . Abingdon: Routledge.
Peterson, J. L., Hickman, M. J., Strom, K. J., & Johnson, D. J. (2013). Effect of forensic evidence on criminal justice case processing. Journal of forensic sciences , 58 (s1).
Alexander, Byan. (2017, December 15). Prosecutors formally decline to charge rapper Nelly with rape . USA TODAY. Retrieved from https://www.usatoday.com/story/life/people/2017/12/15/rapper-nelly-not-face-rape-charges-after-accuser-withdraws-investigation/957529001/
