Rape in Chicago: Race, Myth, and the Courts

Notes

Notes Introduction 1. Hale, “Concerning the Progress of the Laws of England,” 153. 2. Bevaqua, Rape on the Public Agenda, 59. 3. Dorr, White Women, Rape, and the Power of Race, 4–7. 4. Several studies trace the types of cases most likely to result in either severe punishments or potential acquittals during different periods in Anglo legal history. The majority reflect rape myth expectations in various ways. For select titles see Block, Rape and Sexual Power; Bourke, Rape; Odem, Delinquent Daughters. 5. The historiography on sexual violence and the American court system is vast. For select titles, see D’Cruze, Crimes of Outrage; Goodman, Stories of Scottsboro; Smith, Sex without Consent. 6. Brown, Good Wives. 7. Norton discusses the effects of regional differences and gendered assumptions about power and piety on the creation of the nation. See Founding Mothers and Fathers. 8. Gutman, Black Family, 75–76. 9. Although resistance to these beliefs was evident among African Americans (slave and free) as well as some Anglos, it was not easily accepted, especially regarding interracial unions. See Hodes, Sex, Love, Race. 10. See Williamson, Crucible of Race. 11. Bevaqua, Rape on the Public Agenda, 159–62. 12. The rate in Chicago was about 17 percent, with 1,973 of 11,651 reported rapes recorded as “unfounded” between 1936 and 1958. Arrest rates for forcible rapes averaged almost 67 percent during this period. See Chicago Police Department, “Annual Reports.” Arrest rates for forcible rape investigations in Chicago dropped to an average of 60 percent during the 1960s and 50 percent during the 1970s. See Federal Bureau of Investigation, Uniform Crime Reports, 1960–76. See also Spohn and Horney, Rape Law Reform, 67–68. 13. Brownmiller, Against Our Will, 190. 178 Notes to Introduction 14. See Grossman, Land of Hope; Lemann, Promised Land. 15. On de facto segregation, black activism, and white resistance, see Hirsch, Making the Second Ghetto. On civil rights in Chicago, see Anderson and Pickering, Confronting the Color Line; Ralph, Northern Protest; Reed, Chicago NAACP. 16. Friedman, Crime and Punishment, 394; Pleck, Domestic Tyranny, 95–98. 17. Evans, Personal Politics, 198–99. 18. In their comparative study of rape law reform in six urban jurisdictions, Spohn and Horney found Illinois, as represented by Chicago, to have what they characterized as “strong” reforms (36–40). 19. Epstein and Langenbahn, Criminal Justice, 8–9. 20. Mohr, Doctors and the Law, 72–73. 21. Illinois Revised Statutes, chap. 38, stat. 11–1 (hereinafter IRevS). 22. IRevS, chap. 38, stat. 11–1 through 11–3. In 1887 Illinois’s legal consent age changed from ten to fourteen, and in 1905 from fourteen to sixteen. See Odem, 14. 23. Prior to 1961, forcible and statutory rapes were prosecuted under the same indictment . The 1961 revision also changed the category of crime against nature (nonconsensual sexual contact excluding vaginal intercourse) to deviate sexual assault. See IRevS, chap. 38, stat. 11–1 through 11–3. 24. Select precedents include Bean v. People; Sutton v. People; Addison v. People; Donovan v. People; Lewis v. People. 25. The right to waive a jury trial in Illinois came first in misdemeanor cases and, after several decades, for felony defendants. See Zarresseller v. People; Harris v. People. 26. Friedman, 388–89. 27. Select precedents include People v. Gray; People v. Allen; People v. Eccarius; People v. Cieslak. 28. Select precedents include People v. Sciales; People v. Burns; People v. Elder; People v. Peters; People v. Langer; People v. Vaughn; People v. De Frates; People v. Silva. 29. People v. Scott. 30. People v. Rucker; People v. Schultz; People v. Rickey; People v. Fryman. 31. Select precedents include People v. Ardelean; People v. Silva; People v. Perez. 32. People v. Faulisi; People v. James; People v. Smith. 33. See Pascoe, Miscegenation Law. 34. Reed, 5. 35. Friedman, 218; Bevaqua, 17–18, 89. Susan Estrich discusses the history of rape corroboration requirements and the difficulties feminists confronted when lobbying against them. See Estrich, Real Rape. 36. Elizabeth Anne Mills, “One Hundred Years of Fear,” in Rafter and Stanko, Judge, Lawyer, Victim, Thief, 45. See also Robertson, “Signs, Marks, and Private Parts,” 345–47. 37. Hale, quoted in Brownmiller, 413. 38. On problematic and unsuccessful prosecutions, see Clark, Women’s Silence, Men’s Violence; Arnold, “The Life of a Citizen,” in Peiss and Simmons, Passion and Power; Dubinsky, Imporper Advances. 39. The Chicago Police listed crimes in two classifications throughout the years under study. Part I—violent felonies; Part II—nonviolent felonies and...