crime - rape myths and victims

Psychological Perspectives on Crime

Rape Myths and Sexual Assault

• Legal definitions: Understanding the legal terminology surrounding rape and sexual assault.

• Prevalence: Examining how common sexual assaults are in society.

• Rape myths: Identifying false beliefs that undermine the seriousness of sexual violence.

• Theories: Theoretical frameworks that explain the perpetuation of rape myths.

• Under-researched populations: Groups that are often overlooked in sexual assault studies.

• Interventions and recommendations: Suggested actions to combat sexual violence and misconceptions.

Terminology

• Preferred terms: Terms like victim, survivor, and victim-survivor are prevalent; choose based on comfort.

• Legal terms: Complainant (UK legislation) for the individual alleging a crime.

• Offender labels: Use perpetrator or defendant; avoid "accused" due to negative implications.

Legal Definitions of Rape and Sexual Assault

Rape (Sexual Offences Act 2003, s.1.1)

• Definition: An individual commits rape if they intentionally penetrate another’s vagina, anus, or mouth with their penis without consent.

• Consent: The other person (B) must not consent, and the offender (A) must not reasonably believe consent was given.

• Sentence: Potentially life imprisonment.

Sexual Assault by Penetration (SOA 2003, S2.1)

• Definition: A person commits sexual assault by penetration if they intentionally penetrate the vagina or anus of another person with any body part or object.

• Conditions: The penetration must be sexual in nature, without the consent of the victim.

• Sentence: Maximum life imprisonment.

Sexual Assault (SOA 2003, S3.1)

• Definition: A person commits sexual assault if they intentionally touch another person in a way that is sexual.

• Conditions: Victim must not consent, and the offender must not reasonably believe consent was given.

• Sentence: Up to 10 years imprisonment.

Consent (SOA 2003, S.74)

• Definition: Consent is given when an individual agrees by choice and has the freedom and capacity to make that choice.

Legal Processes

Reporting Sexual Assault

• Initial Steps:

  • Reporting to police

  • Taking a formal statement

  • Evidence gathering

• CPS Review: If evidence is sufficient, the case is referred to the Crown Prosecution Service (CPS).

• Charging Decision: CPS decides if the case meets legal standards and public interest for prosecution.

• Outcome: If a plea is guilty, victim may not need to testify; cases can also be closed if deemed not a crime.

Timeline of Legal Process

• Statistics (April 2023 - March 2024):

  • Average time to charge: 314 days.

  • From case arrival to completion in court: 384 days (469 days if suspect is not in custody).

  • Northumbria police average time: 178 days to charge, 453 days case completion.

  • CPS authorized charges: 2572 suspects.

Prevalence of Sexual Assault

Statistics (CSEW)

• Recent Findings: 2.6% of individuals aged 16+ experienced sexual assault within a year.

• Police Data: 188,893 sexual offences recorded, with 36% being rape.

• Underreporting: Less than 1/6 of rape victims report the crime.

• CSEW Yearly Estimates:

  • 1.1 million adults victimized in a year; 16.5% experienced sexual assault since 16.

  • Rape Crisis (2024): Only 2.6% of recorded rape cases resulted in charges.

The Reporting Gap

• Notable discrepancy between police records (188,893) and CSEW estimates (1.1 million).

• Reasons for the Gap:

  • Underreporting and low conviction rates.

  • Victim blaming and self-blame.

  • Fear of trial, time delays, stigma, and distrust in police.

Rape Myths

Definition and Impact

• Rape Myths: Cultural beliefs that downplay the seriousness of sexual aggression against women.

• Victim Blaming: Myths shift blame from perpetrators to victims, sustaining societal acceptance of rape.

Examples of Rape Myths

• Myth: Sexual Assault is Rare.

  • Reality: 120 million teenage girls globally are forced into sexual acts before age 20.

• Myth: People Lie About Rape.

  • FBI stats suggest less than 10% are false accusations.

• Myth: Sexual Assault is Committed Primarily by Strangers.

  • Reality: 6 in 7 rapes perpetrated by someone known to the victim.

• Myth: Clothing Equals Consent.

  • Reality: Clothing does not equal consent; studies show victims blamed when wearing revealing clothing.

• Myth: Intoxication Equals Guilt.

  • Perpetrators are excused while victims are blamed for being drunk.

Education and Myth Identification

• CPS Investigation (Jan 2024): Identified correct perceptions about rape myths but highlighted significant misconceptions still persistent among younger populations.

Theories Behind Rape Myths

Just World Hypothesis

• Belief that the world is fair, leading to victim-blaming.

Defensive Attribution

• Women show less blame towards victims they relate to; men are less empathetic.

Cognitive Schemas

• Rape myths form cognitive sketches that influence understanding and recall of rape situations, affecting juror decisions.

Rape Myths in Action

The Steubenville Case

• Incident of rape involving high school students, drawing significant media bias and community support for the offenders.

• Legal outcomes were lenient despite the gravity of the crime.

The Criminal Justice System

Historical Context

• DPP v Morgan (1975): Highlighted issues surrounding consent perceptions.

• Recent cases continue to reveal problematic views on women’s attire and behavior during assaults.

Police and Judicial System Bias

• Patterns of victim blame in reports and judicial comments.

• Specific biases against acquaintance rape and issues with police responses impacting outcomes.

Victim Impacts

• Behavioral Changes: Impacts on job, finances, and social life.

• Physical and Mental Health: Ranges from injuries to long-term conditions like PTSD.

Underserved Groups

LGBTQ+ Victimization

• Increased vulnerability due to stigma and specific issues accessing support.

Ethnic Minorities & Disabilities

• Mixed research on prevalence rates; significant barriers to reporting and receiving help.

Addressing Rape Myths

Juror and Public Education

• Importance of educating jurors and the public to dispel myths about sexual assault and the dynamics of consent.

Comprehensive Sex Education

• Necessity for improved sex education to prevent future instances and promote understanding of consent.

Legal Reforms

• Suggested reforms in legal terminology and processes to better address rape myths in trials.

Summary

• Key Points:

  • Strict definitions limit understanding of rape.

  • A large gap exists between reported and actual cases of rape.

  • Rape myths are widespread, affecting perceptions of victims.

  • Victims experience varied impacts from sexual violence, and certain groups remain underserved.

  • Addressing these myths requires concerted efforts in education and legal reforms.