In some cases, harsh questioning and social stigmatization has caused even actual victims of rape to recant and then be charged with making a false report.
[10] If rape accusations reported to the police head to trial, further questioning and public scrutiny may impact on a victim's recovery and compound their trauma.
[12] In Canada, pursuant to sections 278.1 to 278.91 of the Criminal Code defence counsel are not allowed to obtain a victim's medical, psychiatric or therapeutic records .
[13] The prohibition was found to be constitutional by the Supreme Court of Canada even though it limited the accused ability to provide a full answer and defence; see R. v Mills.
[19] Dennis Hastert allegedly promised to pay $5 million to his victim in exchange for agreeing not to discuss the sexual assaults he committed.
These include: The Hunting Ground is a critically acclaimed American documentary film about the incidence of sexual assault on college campuses in the United States.
Its creators say college administrations are failing to respond adequately to claims of sexual assault, while its critics have countered that the film was based on misleading statistics and biased against the alleged perpetrator.
[24] In Cox Broadcasting Corp. v. Cohn 420 U.S. 469 (1975), the U.S. Supreme Court ruled a Georgia statute that imposed civil liability on media for publishing a rape victim's name was unconstitutional.
Pursuant to paragraph 486.4(1)(a) of the Criminal Code, the court may make an order "directing that any information that could identify the complainant or a witness" not be published, broadcast or transmitted for any sexual offences.
Dietrich was threatened by the accused to be found in contempt when she published the names of the perpetrators on social media, but the court then clarified that no "gag order" was in place.
In 1998, a sexual assault victim successfully sued the Toronto police for their failure to warn her that a serial rapist was active in her neighbourhood.
[15] In the United States, the Clery Act imposes fines on colleges and universities that fail to warn students of criminal activity on or near campuses.
In relation to the Jerry Sandusky sexual abuse scandal, U.S. federal investigators are seeking to fine Penn State University $2.4 million for failing to warn of threats to the campus.
[42] A statute of limitations law may preclude a victim from pressing criminal charges if too many years have passed since the assault occurred.
In 2016, the Government of Turkey proposed legislation that would overturn a man's conviction for child sex assault if they married their victim.
[48] In People v. Jovanovic, the New York appeals court determined that emails from the alleged victim should be included in evidence and that the rape shield law did not apply.
In Canada, a defense lawyer may be allowed to obtain copies of the victim's e-mails and other private documents using a legal procedure called a third-party records application.
[49] In Australia,[50] Canada and the United States, the prior sexual history of the victim is generally not admissible as evidence during a criminal proceeding.
Decisions to hold separate trials or refuse to admit relevant tendency or propensity evidence about a defendant's sexual behaviour can be seen as barriers to the successful prosecution of sex offences.
[56] In that case, the accused was convicted of 13 criminal offences involving six victims including multiple sexual assaults at knifepoint.
Frequently, parties to an incident will have limited or no memory of the events in question, and the court will be required to obtain and evaluate information provided by other witnesses or other corroborating evidence.
The SlutWalk was created in response to comments by a Toronto Police officer who said: "I've been told I'm not supposed to say this—however, women should avoid dressing like sluts in order not to be victimized.
Her story was groundbreaking because she spoke openly about her experiences including her interactions with hospital staff, the police, prosecutors, the accused, and the criminal justice system.
[33][70] The Des Moines Register won the Pulitzer Prize for Public Service in 1991 for publishing the story of Ziegenmeyer's sexual assault.
After gaining her fame playing Olivia Benson, she began receiving letters from fans disclosing their sexual assault stories.
[78] In 2016, the government of Turkey introduced legislation which would overturn a man's conviction for child sex assault if he married his victim.
"[80] In the United Kingdom, the Giving Victims a Voice report was published in response to allegations of sexual abuse made against English DJ and BBC Television presenter Jimmy Savile.
The Director of Public Prosecutions described the report as marking a "watershed moment" and apologised for "shortcomings" in the handling of prior abuse claims.
The report's publication resulted in some highlighting what could be systemic failure because of the number of complainants and institutions identified, but others criticised it for treating allegations as facts.
The Rape, Abuse & Incest National Network (RAINN) is an American group which carries out programs to prevent sexual assault, help victims, and to ensure that rapists are brought to justice.