Was He Asking For It?

Recently, Harper's Weekly carried an item from the American Bar Association Journal declaring that few rapists are punished for their crime: only one in five rapes is reported and only one out of eight reported rapes ends in conviction. In a dialogue to demonstrate why most rape victims prefer not to press charges, the article asks us to imagine a robbery victim undergoing the same sort of cross-examination that a rape victim goes through:

Mr Smith, you were held up at gunpoint on the corner of First and Main?
"Yes."

Did you struggle with the robber?
"No."

Why not?
"He was armed."

Then you made a conscious decision to comply with his demands rather than resist?
"Yes."

Did you scream or cry out?
"No. I was afraid."

I see. Have you ever been held up before?
"No."

Have you ever given money away?
"Yes, of course."

And you did so willingly?
"Yes, what are you getting at?"

Well, let's put it like this Mr. Smith. You've given money away in the past. In fact you have quite a reputation for philanthropy. How can we be sure you weren't contriving to have your money taken by force?
"Listen, if I wanted--"

Never mind. What time did this holdup take place?
"About eleven o'clock pm."

You were out on the street at 11PM? Doing what?
"Just walking."

Just walking? You know that it's dangerous being out on the street that late at night. Weren't you aware that you could have been held up?
"I hadn't thought about it."

What were you wearing?
"Let's see-- a suit. Yes, a suit."

An expensive suit?
"Well, yes. I'm a successful lawyer, you know."

In other words, Mr Smith, you were walking around the streets late at night in a suit that practically advertised the fact that you might be a good target for some easy money, isn't that so? I mean, if we didn't know better Mr Smith, we might even think that you were asking for this to happen, mightn't we?

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