A Case of Rape

I have to admit that I have struggled with the subject of the gang rape of a 15–year–old girl in Richmond, Calif.

It has been reported that the assault went on for more than two hours outside a high school homecoming dance. As many as 20 people may have watched or participated in the attack.

Crime is certainly a troubling topic, but there can be few crimes (other than murder) that are as troubling as that one. And I have wrestled with the issue. The law is fairly clear about how perpetrators should be punished. But what should be done about those who watched and did nothing?

It brings to mind the case of Kitty Genovese, a 28–year–old woman who was stabbed to death and raped near her apartment in Queens, N.Y., in March 1964. Rape, unfortunately, is not a rare crime in our country, and the attack on Genovese probably wouldn't have received much attention outside the New York area except for one detail — it was determined that 38 people witnessed the attack from their homes and, with the exception of one neighbor who shouted out at the attacker, "Let that girl alone," no one made any attempt to stop the attack or go to her aid.

This has come to be known as the bystander effect — or the "Genovese syndrome" — a social psychological phenomenon in which witnesses do nothing to stop a crime in progress or try to help the victim. It is also known as "diffusion of responsibility."

The Genovese case was not unique. In another highly publicized case nearly 20 years later, a woman was gang raped on a pool table in a Massachusetts bar while many of the bar's patrons watched but none tried to stop it. The case inspired a film, "The Accused," in which Jodie Foster portrayed the assaulted woman and received an Oscar for her performance.

Bystanders, experts say, often see victims as, to borrow a phrase from George Orwell, unpersons. But that shouldn't be an adequate defense for doing nothing. In California, a 10–year–old law makes it a misdemeanor offense if a witness does not report a crime against a child. However, the law only applies to crimes involving victims who are 14 or younger.

Words cannot express how furious I am that this could happen. In the past, things were different. There are bound to have been instances when a person could not report a rape because there was no phone available. But today, in the 21st century, cell phones are widely used. Access to a phone should pose no barrier to reporting that a crime is in progress. I can think of no valid reason why at least one person in the crowd could not slip away and make a brief call to alert the authorities.

There may be no existing law in California that can be used to charge those who stood by while a 15–year–old girl was assaulted by several people for more than two hours. But perhaps California's lawmakers will be inspired to write a new law.

I know California's lawmakers have a lot on their plate right now, but they need to make room for this. They have a responsibility to the children of their state.