Free Paper Example on Rape and Racism

Introduction

The legal system has played a crucial role in increasing the interconnectedness between rape and racism. The criminal justice system has targeted Black African-Americans and has also increased vulnerability among black women. Moreover, the imbalance of justice based on race has continued to be on the rise. The racial bias is heavily experienced by African American men who face accusations of raping white women. These men face hefty penalties and, in extreme cases, death. On the contrary, when white men are accused of raping African American women, the cases are treated differently with criminals being given lesser jail terms and, in other circumstances, are declared innocent (Rehavi & Starr,2014 Despite the changes that have been made to reduce racial bias in the criminal justice system, specifically in rape cases, racism is still deeply rooted in the system.

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Legal System

The US legal system has been regarded as a racially biased system for a long time, with Black people suffering the consequences. African racial bias has been there since slavery, and up to today, there are still many cases of discrimination, particularly in the legal system. Studies indicate that, generally, black men have a higher likelihood of getting longer jail terms and harsher penalties (Rehavi & Starr,2014). Various cases have suggested that the American legal system is biased, especially when dealing with cases involving the rape of white women by African American men.

The Central Park Five is one of the most significant cases that demonstrated the racial bias in the legal system when dealing with rape. In 1989, six black teenagers, five black, and one Latino, were convicted of raping a jogger (Limerick,2020). The young men confessed to the crime and served between six to thirteen years in prison. Although the prosecutor had no evidence, the judges still made a ruling that sent them to prison. The teenagers had withdrawn their confessions and proved there were coerced. In 2002, there was enough evidence to prove that the Central Park Five were innocent after the offender confessed and DNA evidence proved that the offender was the rapist. The racial bias, in this case, proves that the legal system has, in some cases, led to unfair rulings based due to discrimination.

Racial Disparity

A lot needs to be done to change the criminal justice system. The reduction of racial disparity in the justice system is consistent with ensuring fairness to all, as stipulated in the constitution. The racial disparity among Blacks mainly arises due to the high crime rates associated with being Black and the overt racial bias. For instance, racial bias may take various forms, such as the treatment of defendants and lawyers in the courtrooms, during policing, and also in prisons (Limerick,2020 ). To solve the problems of racial bias in the legal system, the following needs to be done. Firstly, it is vital that the country maintains a system of justice that is more diverse and representative. This will ensure equitability. Moreover, there is a need to eliminate racial profiling, promote competency training among police officers who have shown a racial disparity in many cases, and equality among inmates regardless of race.

Conclusion

Moreover, a lot must be done to protect the rights of African American women who are not equally treated with white women in rape cases. As aforementioned, white men who raped African women tend to receive less harsh penalties. This undermines African American women who are victims of rape. It is, therefore, important that these interventions are put in place to ensure there is a fair and just legal system.

References

Rehavi, M. M., & Starr, S. B. (2014). Racial disparity in federal criminal sentences. Journal of Political Economy, 122(6), 1320-1354. doi/abs/10.1086/677255

Limerick, P. P. (2020). Populist and Anti-Populist Discourse Concerning African-Americans. A Critical Discourse Analysis of the Central Park Five Case. Iperstoria, (15).
https://doi.org/10.13136/2281-4582/2020.i15.701.