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Menti_Final

Psychological Perspectives on Crime

  • Course Code: PY0572

  • Instructor: Amy Newman

Rape Myths and Sexual Assault

  • Topics Covered:

    • Legal definitions

    • Prevalence

    • Rape myths

    • Theories

    • Under-researched populations

    • Interventions and recommendations

Note on Terminology

  • Use of Terms:

    • Victim, survivor, victim-survivor are commonly used terms; choose what you feel comfortable with.

    • Complainant is used in UK legislation.

    • Offender, perpetrator, defendant are interchangeable; avoid using "accused" due to negative implications.

Legal Definitions

  • Understanding how rape and sexual assault are defined legally.

Rape Definition

  • Sexual Offences Act 2003 s1.1:

    • A person (A) commits an offence if:

      • He intentionally penetrates the vagina, anus, or mouth of another person (B) with his penis.

      • B does not consent to the penetration.

      • A does not reasonably believe that B consents.

    • Sentence: Up to life imprisonment.

Sexual Assault by Penetration

  • SOA (2003) S2.1:

    • A person (A) commits an offence if:

      • He intentionally penetrates the vagina or anus of another person (B) with any part of his body or anything else.

      • The penetration is sexual.

      • B does not consent to the penetration.

      • A does not reasonably believe that B consents.

    • Sentence: Up to life imprisonment.

Sexual Assault

  • SOA (2003) S3.1:

    • A person (A) commits an offence if:

      • He intentionally touches another person (B).

      • The touching is sexual.

      • B does not consent to the touching.

      • A does not reasonably believe that B consents.

    • Sentence: Maximum 10 years.

Consent Definition

  • SOA (2003) S.74:

    • A person consents if he agrees by choice and has the freedom and capacity to make that choice.

Legal Processes

Reporting a Sexual Assault Case

  • Steps involved:

    • Initial police report is made.

    • A formal statement is taken.

    • Evidence is gathered.

    • If there’s enough evidence to proceed, the case is referred to the CPS (Crown Prosecution Service).

    • CPS decides if the case meets relevant standards and is in the public interest.

    • If the answer is yes, then the defendant is charged.

    • If they plead guilty, the victim does not need to testify.

    • If there isn’t enough evidence, the case might be classified as "no crime'd".

Data on Legal Processes

Average Processing Times (April 23 – March 24)

  • Exams from police to charge: 314 days on average.

  • From case arrival at court to completion: 384 days.

  • If the suspect is not in custody: 469 days; if in custody: 277 days.

  • Total suspects authorized by CPS: 2572.

Northumbria Police Force Data

  • Average days for police to charge: 178 days.

  • Average days from case arrival at court to case completion: 453 days.

  • Total suspects authorized by CPS: 40.

Prevalence of Sexual Assault

  • Crime Survey for England and Wales (CSEW) year ending March 2024:

    • 2.6% of those aged 16+ experienced sexual assault in the past year.

    • 188,893 sexual offences recorded by police: 36% were rapes (67,928).

    • Less than 1/6 of rape victims reported the crime to police.

CSEW Year Ending March 2023

  • Estimated 1.1 million adults victimized by sexual assault.

  • Total of 16.5% of adults (7.9 million) experienced sexual assault since age 16.

  • 1.9 million reported experiencing rape.

  • From April 23 to March 24, only 2.6% of recorded rape cases were charged; conviction rate for court cases in 22-23 was 53.4% (or 7.2% when considering all reported cases).

Reporting Gap

  • Significant difference between police-recorded sexual offenses (188,893) and estimated sexual assaults (1.1 million) raises questions about underreporting.

Reasons For Underreporting

  • Low conviction rates.

  • Victim blaming and self-blame.

  • Fear of trial and unknown processes.

  • Time delays in the justice system.

  • Lack of understanding of legal processes.

  • Fear of reprisal from perpetrators.

  • Insufficient evidence.

  • Historical context of stigma.

  • Distrust towards police and criminal justice system.

  • Feelings of embarrassment or humiliation.

Rape Myths

  • Definition: Stereotypical or false beliefs that deny, downplay, or justify sexual aggression, particularly towards women (Brownmiller, 1975; Burt, 1980).

    • Myths perpetuate societal acceptance of rape by misplacing blame on victims and excusing perpetrators.

Common Rape Myths:

  • Myth: Sexual assault is rare.

    • Reality: Underreporting is significant; e.g., 120 million teenage girls globally forced into sexual acts before 20 (UNICEF, 2014).

    • 1 in 2 adult survivors faced multiple assaults.

    • 1 in 4 women and 1 in 6 children have encountered sexual assault.

    • 5 in 6 women and 4 in 5 men do not report to police.

  • Myth: People lie about rape.

    • FBI figures suggest < 10% are false allegations; UK estimates range from 2-4% (Kelly et al., 2005).

    • False reports of rape are less frequent than those of other crimes.

  • Myth: Sexual assault is committed by strangers.

    • 1 in 2 rapes by an intimate partner; 6 in 7 are by someone the victim knows.

    • 60% of rapes happen in the victim's home or workplace.

  • Myth: Women ask for it by wearing "skimpy clothing".

    • Clothing does not equal consent, as shown by various studies on victim blaming.

  • Myth: Victims are at fault for drinking too much or getting high.

    • Intoxicated victims face victim-blaming while intoxicated offenders may be excused; CPS guidelines emphasize capacity for consent.

CPS Investigation into Rape Myths (Jan 2024)

  • Some myths identified accurately, but misconceptions persist among different demographics.

    • Notable findings indicate gaps in understanding regarding immediate reporting, consent in relationships, and accountability of intoxicated perpetrators.

Theories on Rape Myths

Just World Hypothesis

  • Belief that people get what they deserve allows rationalization of victim-blaming.

  • High JWB predicts negative attitudes towards victims.

Defensive Attribution

  • Explains gender differences in RMA; suggests empathy is influenced by perceived similarity to victims.

Cognitive Schemas

  • Rape myths as frameworks affecting perception and memory of incidents; impact on jury decision-making.

Rape Myths in Action

The Steubenville Case

  • A minor was raped by two football players, with biased media coverage favoring defendants and empathy towards perpetrators.

    • Victim's identity leaked, leading to further victimization; perpetrators received minimal sentences.

The Criminal Justice System

  • Case examples illustrate problematic rulings and perceptions affecting outcomes for victims. The system has evolved to recognize some issues, but numerous cases highlight continued biases.

The Police

  • Rape myths influence case handling consistently; efforts vary by officer, with mixed outcomes based on training and experience.

Victim Impacts

Health and Lifestyle

  • Sexual assault can deeply impact victims' behavior, relationships, social lives, physical and mental health.

Mental Health Concerns

  • Common issues include trauma reactions, anxiety, depression, PTSD, and substance use issues.

Types of Trauma

  • The experience of sexual trauma can elicit different emotional responses compared to other forms of trauma (e.g., natural disasters).

Underserved Groups

LGBTQ+ Victimization

  • Limited research on sexual violence in LGBTQ+ populations exists, compounding issues with partner-perpetrated violence and access to supportive services.

Ethnic Minorities

  • Prevalence of sexual assault varies among ethnic groups, with complex interactions of race, gender, and cultural stigmas.

Disability

  • Individuals with disabilities face significantly higher victimization rates, compounded by barriers to seeking help.

Men

  • Myths surrounding male victimization and barriers to reporting, leading to underrepresentation in responses to sexual violence.

Tackling Myths

Juror Education

  • Educating jurors on rape myths can impact trial outcomes, suggestions include using victim impact statements and expert testimony.

Education

  • Comprehensive sex education is crucial for preventing sexual violence and clarifying issues around consent.

Legal Reforms

  • Suggested reforms include ensuring appropriate consent measures are presented in court, employing gender-neutral language, and effectively challenging rape myths during trials.

Summary

  • The definition of rape can be strict and limiting; there is a significant gap in rape reporting and poor conviction rates that harm victims.

  • Multiple groups remain under-researched, highlighting the need for targeted interventions. Tackling myths is challenging yet critical.