False rape: a case report

A 16-year-old girl was admitted to the emergency department for sexual assault. The forensic examination revealed genital lesions of an age that were incompatible with her statements. She also presented extragenital lesions that resembled self-inflicted lesions. The reports of false rape allegations in the literature have all dealt with the motivations of the false victims. This case report is a reminder that an allegation of rape can be considered only on the basis of proof and not on speculation.     

Detecting the True Nature of Allegations of Rape

A study was conducted to test whether it is possible to build a model to distinguish true and false allegations of rape based on the theory of fabricated rape. The theory is based on the principle that a false complainant of rape has not been raped and has to fabricate a story while the story of a true victim is based on recollections of the event. Consequently, false complainants will behave as liars do, construct their story based on their own sexual experiences and on mental representations, beliefs of how such a crime would happen (De Zutter et al. in Eur J Psychol Appl Leg Context. doi: 10.1016/j.ejpal.2016.02.002, 2016). To test the theory and to build a model to discriminate between true and false allegations of rape, a police sample of true and false allegations was studied. A total of 129, 72 true and 57 false, allegations of rape fulfilled the stringent criteria of the current study, among others on ground truth. Fifty-four allegations of rape, 27 true and 27 false, were used to build a prediction model based on the theory of bounded rationality by Gigerenzer (2002). The remaining 75 cases, 45 true and 30 false, were blindly categorised as either true or false based on the model. The model was able to predict the true nature of the majority of allegations with an accuracy rate of 91 %. Thus, it seems possible to discriminate to a considerable extend between true and false allegations of rape.     

Comparative analysis of true or false statements with the source monitoring model and the cognitive interview: special features of the false accusation of innocent people

Abstract

We describe two experiments designed to verify whether the source monitoring (SM) model categories and the cognitive interview (CI) contribute to distinguishing true from false statements. We used a 2 Type of Interview (Structured/Cognitive) × 2 Statement Condition (True/False) design with 18 interviewers in a sample group of 240 gender-matched university students being interviewed about a film fragment. In Experiment 1, participants who lied exculpated the protagonist from rape, whereas in Experiment 2 their lies were aimed at accusing an innocent person. As dependent variables we used criteria from the SM: details, supporting memories, thoughts and feelings and cognitive operations. The results suggest that the statements of honest participants interviewed using the CI provided more overall information than those obtained under any other condition. When a lie is aimed at exculpating someone from criminal behaviour, statements involve more cognitive operations and less sensory, temporal and contextual information, but only when the structured interview (SI) is used. When the lie is aimed at falsely accusing someone, the SI and the CI produce similar results. We discuss the forensic importance of these findings.     

Liberating Discretion: The Effect of Rape Myth Factors on Prosecutors’ Decisions to Charge Suspects in Penetrative and Non-Penetrative Sex Offenses

Abstract

In sexual assault cases, prosecutorial charging decisions may be influenced by legal factors like offense seriousness and convictability and extralegal rape myths. We use data on sexual assaults in Los Angeles, to test for the effects of victim behavior, victim credibility, and “real rape” stereotypes on the decision to file charges. We also test the liberation hypothesis, examining whether rape myths influence the charge decision more in less serious nonpenetrative cases then in penetrative cases. Results show that victim credibility and behavior, but not consistency with real rape stereotypes, affect charging decisions, even after controlling for legally relevant factors, and they influence prosecutors’ charging decisions equally in penetrative and nonpenetrative cases. Rape myths also influence the charging decision indirectly via victim cooperation. We conclude that rape myths are incorporated into the criminal justice system’s definition of and response to sexual violence, so cannot be addressed by changing case screening policies.     

Rape and child sexual abuse: what beliefs persist about motives, perpetrators, and survivors?

Rape myths are prejudicial and stereotyped beliefs about rape which persist in society. They may have a significant impact on those affected by rape as well as the performance of legal and public participants in the justice system. Rape myths may differ over time and within different societies and cultural settings. Awareness of contemporary and local rape myths is necessary if they are to be successfully challenged through public campaigns and other means. This study sought to assess the prevalence of myths concerning rape and sexual abuse in a national population survey.     

Rape myths and rape by juveniles

Rape committed during adolescence is a vital indicator for predicting the propensity of committing rape in adulthood. Moreover, although numerous studies related juvenile rape have been proposed in Western countries, most of these studies have focused on the impact of personal factors, and have neglected to examine the impact of rape myths. Therefore, in the present study, we investigated the relationship between rape myths and male juvenile rape. This study used an anonymous self-report questionnaire to collect data. Participants included 466 male middle- and high-school students in Taiwan. The results showed that rape myths are associated with juvenile rape. Furthermore, rape victim myths were the myth category relating to juvenile rape, rather than rape perpetrator myths. Among the rape victim myths, the dimension, women secretly wish to be raped, had the strongest association. Discussions pertaining to implications, applications, limitations, and future research are included in the present study.     

An unusual case of pseudo rape.

A case has been reported which adds a new and unusual dimension to false rape allegation and gives a heretofore unknown motive for a woman to claim a bogus rape. A female newspaper reporter entered a hospital, stated falsely that she had been sexually assaulted, allowed herself to be interviewed and then examined by the author, and accepted and took medication, all because she wanted to "find out how a rape victim is treated at the new Rape Center and I was pretending to be a rape victim." Rape center workers must be alert to spurious claims of unprincipled and deceitful women.     

The impact of past sexual experiences on attributions of responsibility for rape

Two factors potentially affect observers'attributions of responsibility to a rape survivor: how closely they identify with the survivor and how much they adhere to rape myths. To assess the impact of these factors, 157 female college students categorized by their sexual assault history and by their acceptance of rape myths, evaluated a sexual assault scenario. It was hypothesized that previously victimized participants would attribute less blame, and that those participants who self-identify as rape survivors would view the assault as rape more often than other participants. Neither hypothesis was supported. As expected, those who scored higher on the Rape Myths Acceptance Scale(RMAS) blamed the victim more and were less likely to believe rape had occurred. Only one subscale of the RMAS, Adversarial Sexual Beliefs, was consistently associated with participants'evaluation of the scenario, suggesting that this dimension may be especially important to understanding an observer's assessment of rape.     

Can Criteria-Based Content Analysis Distinguish Between True and False Statements of African-American Speakers?

The Criteria-Based Content Analysis (CBCA) technique is the core component of the Statement Validity Assessment (SVA), an interviewing process that attempts to judge allegations of child sexual abuse for truthfulness. As the nucleus of the SVA, the CBCA has been promoted as a way to detect truth by analyzing the verbal content of such an allegation. However, all conclusions of the CBCA's usefulness as an indicator of truth have been based on European and/or White perspectives, and this is the first study to address the implications of probable differences of verbal content meaning across ethnic groups. The results failed to support the hypotheses that Black speakers' truthful statements contained fewer criteria than Whites' statements, or that CBCA training would only enhance truth detection of White speakers. First, in contrast to earlier work, the present study found that, despite the fact that true and false statements contained criteria to differing degrees, the total number of CBCA criteria in an adult's statement was uncorrelated with truthfulness for statements made by Blacks or by Whites. A discriminant analysis showed that CBCA verbal content criteria did, in fact, have different significance for Whites than for Blacks. Certain CBCA criteria were stronger predictors of truth for one ethnic group than for the other. It is suggested that more research is needed before the CBCA is relied upon in criminal investigations.     

Rape,Defendant Anonymity and Evidence‐Based Policy Making

In 2010, the Coalition government announced in its Programme for Government, that: ‘We will extend anonymity in rape cases to defendants.’ The question of anonymity for defendants accused of rape and other sexual offences, has been repeatedly raised in parliamentary debates over several decades, and has also received frequent attention in newspapers and, to a lesser extent, in academic and professional literature. The debate includes an array of factual claims and arguments that rest on weak empirical foundations. In November 2010, the Ministry of Justice published a report entitled: Providing Anonymity to those Accused of Rape: An Assessment of Evidence, which was intended to provide an evaluation of evidence that would inform the debate over defendant anonymity. This article critically examines this report and its discussion of key issues such as false rape allegations, and considers whether its conclusions can be relied upon by policy makers.     

Assessment of child witness statements using criteria-based content analysis (CBCA): The effects of age,verbal ability,and interviewer's emotional style

Abstract

The goal of the study was to determine what effects age, verbal ability (assessed with WISC-R Vocabulary), and interviewer's emotional style would have on the occurrence of Criteria-Based Content Analysis (CBCA) criteria. Children (N = 68) from three different age-groups (7–8, 10–11, and 13–14 years) made both a true and a false statement concerning a mildly traumatic event. The correct classification rate was 66%. Age and verbal ability were found to increase the occurrence of some of the CBCA criteria irrespective of the truthfulness of the statements. Also, different criteria differentiated between true and false statements in different age groups. Interviewer behaviour also affected the occurrence of the criteria. It is concluded that the CBCA should not be used in court proceedings in its present form.     

Male rape myths: the role of gender, violence, and sexism

This study investigates the structure of Struckman-Johnson and Struckman-Johnson's Male Rape Myth Scale, examines gender differences in rape myth acceptance, and explores the underlying ideologies that facilitate male rape myth acceptance. A three-factor model, with rape myths regarding Trauma, Blame, and Denial as separate subscales, is the best fitting solution. However, the results indicate that additional scale development and validity tests are necessary. In exploratory analyses, men are more accepting of male rape myths than are women. Benevolent sexism toward men and acceptance of interpersonal violence are strong predictors of male rape myth acceptance for both men and women. Thus, the attitudes that facilitate rape myth acceptance against men appear to be similar to those that facilitate rape myth acceptance against women. Suggestions for future scale development are outlined and theoretical implications of the findings are discussed.     

The Effects of General Pretrial Publicity on Juror Decisions: An Examination of Moderators and Mediating Mechanisms

Two studies examined three moderators (gender, attitudes, and media slant) and four mediators (accessibility, evidence importance, evidence plausibility, and standards of guilt) of general pretrial publicity's influence on juror decisions. In Study 1, participants who watched a prodefense rape story were more likely to report that they would need more inculpatory evidence to convict a defendant of rape than were participants who watched a proprosecution rape story. In Study 2, participants watched news stories, one of which was a proprosecution rape story, a prodefense rape story, or a nonrape story. In an ostensibly unrelated study, participants indicated their attitudes toward rape, watched a rape trial, and provided trial and witness ratings. Accessibility did not mediate the media effects on participants' judgments of rape importance; however, attitudes moderated media effects. Rape news influenced juror ratings of the importance of evidence about the complainant's behavior. Finally, media altered the standards participants used to determine defendant guilt. Implications for understanding the mechanisms responsible for pretrial publicity effects are discussed.     

Current perceptions of marital rape: some good and not-so-good news

The current study extends previous research on marital rape and acceptance of general rape myths by comparing the perceptions of undergraduate college students (n = 85) to those of college alumni/ae (n = 44) who graduated from the same university three decades earlier. Participants read a hypothetical rape scenario that depicted the perpetrator as either the victim's husband or neighbor and completed three measures of different aspects of rape myth acceptance. Results indicated that although participants reported fairly low levels of support for different aspects of rape myths, certain rape myths were more strongly endorsed than were others. Furthermore, rape myth acceptance was stronger for marital rape than for acquaintance rape and for undergraduates than for college alumni/ae. Practical and theoretical implications of this study are discussed.     

A review of the role of radical feminist theories in the understanding of rape myth acceptance

Abstract

Research into rape myth acceptance (RMA) first emerged in the 1970s, when authors such as Brownmiller (1975) and Burt (1980) proposed that rape was a mechanism that allowed men to exert power over women and that the endorsement of rape myths justified this sexual dominance. These influential theories have meant that subsequent definitions of rape myths have failed to acknowledge male victims of serious sexual assault, despite an increase in prevalence rates. More recent research has attempted to explore RMA in relation to male victims, with results suggesting that men are more likely than women to endorse rape myths regarding male victims when the victim is assumed to be homosexual, or when the victim is heterosexual and the perpetrator is female. Brownmiller's theory is challenged and a more holistic view of the importance of sex-role traditionality is explored, while acknowledging the contribution of individual factors relating to the development of RMA.     

Rape myth acceptance in men who completed the prostitution offender program of British Columbia

In an effort to characterize the attitudes and characteristics of men who solicit sex, this study investigated rape myth acceptance as assessed by a modification of Burt's Rape Myth Acceptance Scale. The participants were all men who took part in the Prostitution Offender Program of British Columbia after being arrested for attempting to solicit sex from an undercover police officer. Relationships between endorsement of rape myths, other attitudes, sexual behavior, and demographic variables were examined. Results reveal that age, education, use of pornography, ideal frequency of intercourse, and believing that purchasing sex is a problem are all negatively correlated with rape myth acceptance. Positive correlations were found between rape myth acceptance and sexual conservatism, sexual violence/coercion, and social desirability. Results are discussed in terms of the association between rape myth acceptance and the violence frequently perpetrated against those working in the sex trade.     

Characteristics of false allegation adult crimes

The purpose of this study was to identify common factors in false allegation adult crimes, by examining the dynamics involved in 30 confirmed false allegation cases. The authors conducted a comprehensive review of these adjudicated cases and then completed a collection instrument to capture offender demographics, offense characteristics, and motive. The results indicated that most false allegation crimes were committed by women (73.3%) and Caucasians (93.3%). Data indicated that more interpersonally violent allegations were primarily motivated by attention/sympathy needs (50.0%), whereas more impersonal offenses involved other motivations such as providing an alibi (16.7%) or profit (13.3%). Offenders tended to be younger, high school graduates with no higher education (43.3%). A total of 23.3% of offenders had a prior criminal history. Male offenders appeared as likely as women to be motivated by attention/sympathy; however, men tended to select more violent, nonsexual offenses (e.g., attempted murder) than women.     

Rape myth beliefs and prejudiced instructions: Effects on decisions of guilt in a case of date rape

Purpose. The purpose of this study was to investigate the potential effects of pro and anti rape myth bias in judges' summing up statements on verdicts given by individuals. Method. A convenience sample of 90 male and 90 female students from a British university completed the Rape myth acceptance (RMA) scale ( Burt, 1980 ). A scenario depicting a date rape was read, ending with guidance that was either pro or anti rape myth, or neutral. Results. Rape myth supporting guidance was associated with innocent verdicts, and anti rape myth guidance with guilty verdicts, regardless of degree of rape myth acceptance. Level of rape myth acceptance and gender were also found to predict verdict. Conclusion. Rape myth biased guidance may influence verdicts in a rape scenario in which the attribution of blame to the man and woman depicted could be perceived as being ambiguous.     

Prospective lawyers’ rape stereotypes and schematic decision making about rape cases

Abstract

Two studies explored stereotypic information processing in rape cases by prospective lawyers in Germany. In Study 1, 451 undergraduate law students rated rape scenarios varying with respect to defendant–complainant relationship and coercive strategy (force versus exploitation of the complainant's alcohol-induced defencelessness). Acceptance of rape myths was also measured. Likelihood of defendant liability was rated to be lower when there was a prior relationship between the parties and when the defendant exploited the complainant's defencelessness as compared to when he used force (except in the ex-partner rapes where blame was higher in the alcohol-related than in the force-related cases). Complainant blame was higher when there was a prior relationship between the parties and was higher in the alcohol-related cases than in the force-related cases, except in the ex-partner rape where the pattern was reversed. Participants with high rape myth acceptance held the defendant less liable and blamed the complainant more, especially when the two had known each other. Study 2 largely replicated these findings with 129 postgraduate trainee lawyers and showed that sentencing recommendations also varied as a function of defendant–complainant relationship and coercive strategy. Providing participants with the legal definition of rape did not reduce reliance on rape stereotypes.     

Children’s Allegations of Sexual Abuse: A Model for Forensic Assessment

It is important both clinically and forensically to gain information to provide an understanding of the veracity of a child’s allegations of sexual abuse. Even though it is reasonable to hypothesize that most allegations are true—children are not infallible and thus some allegations are false. A systematic model of pathways to false allegations—however rare or common—is important because so much depends on this question (i.e., both false positives and false negatives are harmful to children). We propose that there are two major pathways to false allegations of child sexual abuse: (1) the child is lying and (2) the child has a false memory due to his or her problems in information processing. We conclude by presenting a more detailed protocol for more formally evaluating these pathways to false allegations in specific cases.