Rape Shield Laws and Sexual Behavior Evidence: Effects of Consent Level and Women’s Sexual History on Rape Allegations

Rape shield laws, which limit the introduction of sexual history evidence in rape trials, challenge the view that women with extensive sexual histories more frequently fabricate charges of rape than other women. The present study examined the relationship between women's actual sexual history and their reporting rape in hypothetical scenarios. Female participants (college students and a community sample, which included women working as prostitutes and topless dancers, and women living in a drug and alcohol rehabilitation center) imagined themselves in dating scenarios that described either a legally definable act of rape or consensual sexual intercourse. Additionally, within the rape scenarios, level of consensual intimate contact (i.e., foreplay) preceding rape was examined to determine its influence on rape reporting. Women were less likely to say that they would take legal action in response to the rape scenarios if they had extensive sexual histories, or if they had consented to an extensive amount of intimate contact before the rape. In response to the consensual sexual intercourse scenarios, women with more extensive sexual histories were not more likely to say that they would report rape, even when the scenario provided them with a motive for seeking revenge against their dating partner.     

Rape investigation and prosecution: Stuck in the mud?

Abstract

This paper evaluates the Stern Review of rape in the context of public responses to rape, in England and Wales. The piece is based on an anti-rape feminist approach and so weighs a woman-centred approach to rape responses against the mainstream justice model. Overall, the argument made is that nothing much is really changing in public responses to rape. The work outlines problems with the Stern contention that the conviction rates for rape need to be calculated differently, and takes issue with the claim that the “policies are right”. Stern's call for greater support for women who have been raped is welcomed, but the effectiveness of the review process itself is questioned. These discussions illustrate the process of attrition as it is variously understood by feminists and by Baroness Stern. It is suggested that reviews themselves may be little more than a dampener, brought in when claims for change create a need to be seen to be doing something. A preferred alternative might be some form of ongoing body, reviewing and challenging practice and policy; however, it is recognised that this could be difficult to achieve amid the current spending cuts. The paper then turns to evaluate trends in support for survivors and notes that the more “professional” models of the Sexual Assault Referral Centre and the Independent Sexual Violence Advisers have held sway for some time. However, under the new coalition, government funding is also being directed towards women-only Rape Crisis centres, and this move is warmly welcomed here. The work concludes that much does indeed remain the same, despite positive signs in terms of respect for this survivor-centred model.     

Behind the Blue Line: Investigating Police Officers’ Attitudes Toward Rape

The current study contributes to what is known about police officers’ attitudes toward rape. A survey was administered to 891 sworn police officers in two states in the southeastern United States. The surveys were designed to assess police officers’ acceptance of rape myths. It was hypothesized that police officers would be accepting of rape myths, which are inherently misogynistic. Attitudes toward rape were expected to vary according to educational attainment and experience with rape investigations, such that higher levels of education and more experience with rape investigations would lead to the rejection of rape myths. There was a significant difference in the acceptance of rape myths with varying levels of educational attainment and experience with rape investigations.

Can a Woman Rape a Man and Why Does It Matter?

Under current UK legislation, only a man can commit rape. This paper argues that this is an unjustified double standard that reinforces problematic gendered stereotypes about male and female sexuality. I first reject three potential justifications for making penile penetration a condition of rape: (1) it is physically impossible for a woman to rape a man; (2) it is a more serious offence to forcibly penetrate someone than to force them to penetrate you; (3) rape is a gendered crime. I argue that, as these justifications fail, a woman having sex with a man without his consent ought to be considered rape. I then explain some further reasons that this matters. I argue that, not only is it unjust, it is also both a cause and a consequence of harmful stereotypes and prejudices about male and female sexuality: (1) men are ‘always up for sex’; (2) women’s sexual purity is more important than men’s; (3) sex is something men do to women. Therefore, I suggest that, if rape law were made gender neutral, these stereotypes would be undermined and this might make some (albeit small) difference to the problematic ways that sexual relations are sometimes viewed between men and women more generally.     

Legislation Targeting Sex Offenders: Are Recent Policies Effective in Reducing Rape?

In recent years, several pieces of state and federal legislation have imposed new restrictions on convicted sex offenders, including registration with law enforcement agencies, community notification provisions, and sexually violent predator designations permitting civil commitment following a prison sentence. This paper uses panel data for the American states for the years 1970–2002 to assess the impact of these policies on the rate at which rapes occur. Our research finds no evidence that our current policies reduce the incidence of rape.     

Rape Crisis Centers and Programs: “Doing Amazing,Wonderful Things on Peanuts”

Even though the anti-rape movement began more than 30 years ago and there is greater awareness of sexual violence, are rape crisis centers or programs financially secure? Data from interviews with 63 rape crisis workers and volunteers from 6 rape crisis centers or programs located in 4 East Coast states indicate not only that rape crisis centers/programs continue to struggle financially but also that lack of funding continues to present challenges. When rape crisis centers/programs experience reductions in funding, staff positions are eliminated, remaining staff and volunteers are overworked, efforts to recruit and train volunteers are compromised, services for victims are reduced, and education and outreach to the communities become less available. Lack of funding negatively affects rape crisis centers/programs and jeopardizes their future.     

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.     

Here we go round the review-go-round: Rape investigation and prosecution—are things getting worse not better?

Abstract

Despite numerous reviews, reports and commissions of inquiry, the investigation and prosecution of rape cases remains fraught. Victims are still ambivalent about reporting incidents of sexual violence, while those who do often struggle to be believed and have their cases progress through justice systems. This paper explores some of the reasons why promised reforms materialise so rarely into tangible benefits for the majority of rape complainants, and focuses on six areas: reporting, attrition, adversarial justice systems, victim support, specialisation and attitudes. These are canvassed with particular reference to examples from England and New Zealand demonstrating the barriers to substantive reform and the ways in which gender inequalities and patriarchal beliefs continue to impact upon both the prevalence of sexual violence as well as state responses to its occurrence. The paper contains a cautionary message regarding the potential dangers involved in accepting the rhetoric of reform while the underlying realities remain little changed.     

Does the Controversy Matter? Comparing the Causal Determinants of the Adoption of Controversial and Noncontroversial Rape Law Reforms

Do the causal determinants of legal change differ for controversial and noncontroversial laws? Using rape law reforms as an example of legal change, I answer this question via a longitudinal examination of the intrastate characteristics and interstate processes that affect the adoption of both controversial and noncontroversial rape law reforms. The results show that the adoption of partial reforms significantly decreases a state's likelihood of passing a stronger version of the reform only for controversial rape law reforms. Other factors, such as women's economic power and the interstate process of diffusion similarly affect both controversial and noncontroversial reforms. Thus, contrary to the idea that the process of diffusion operates differently for controversial reforms, the results indicate that spatial proximity negatively affects the adoption of both controversial and noncontroversial rape law reforms. These findings have important implications for theoretical explanations of legal change, research on rape law reforms, and social movement research and activism.     

Seen but Not Heard? Parallels and Dissonances in the Treatment of Rape Narratives across the Asylum and Criminal Justice Contexts

A significant proportion of women seeking refugee status in the United Kingdom will claim to have been raped in their country of origin. Even where this is not the sole basis of an asylum claim, it may be relevant to its determination. While criminal justice responses to rape have been the subject of extensive academic criticism and legislative reform, the processes of disclosure and credibility assessment in the asylum context have received little attention. This article explores possible parallels and dissonances in the treatment of rape across the asylum and criminal justice contexts, drawing in particular on the findings of a 2007 pilot study. It considers how problems such as the underreporting of rape, the inability of the victim to 'tell the story' in her own words, a hostile adjudicative environment, and the tendency to regard factors such as late disclosure, narrative inconsistency, and calm demeanour with suspicion – may be replicated and compounded in asylum cases. It also acknowledges the complex intersection of race, gender, culture, and nationality in this context.     

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.     

“To This Day She Continues to Struggle with the Terror Imposed upon Her”: Rape Narratives in Victim Impact Statements

This study locates the victim impact statements of raped women in the sociolegal context of significant sentencing law reforms introduced in Canada to address an ascendant victim’s rights movement. We examine 38 reported sentencing decisions in sexual assault cases in Ontario, Canada (1999–2010). Our objectives are to discern (a) whether the archetype of the ideal victim continues to influence juridical discourse after conviction and (b) what narratives of harm intersect with sentencing objectives and aggravating factors. Our findings suggest women express profound fear of re-victimization and traumatic effects of sexual violence regardless of the relational context of their rape experience. Most surprisingly, our data show sentencing judges view the sexual assault of an intoxicated rape victim as an aggravating factor. Future consideration for victim impact statements in sexual assault cases is discussed.     

“How an Ordinary Jury Makes Sense of it is a Mystery”: Barristers’ Perspectives on Rape,Consent and the Sexual Offences Act 2003

The Sexual Offences Act 2003 introduced significant reforms to the offence of rape, amid concerns regarding the low reporting and conviction rates for rape. One of the key aims of the Act was to improve the law relating to consent, in order to assist a jury in their decision making process. In addition, disquiet had been expressed with regards to the subjective nature of the mens rea of rape. Consequently, the 2003 Act reformulated the law so as to introduce an objective test. This article discusses the findings of a qualitative research project undertaken with 14 Barristers in the North West of England, in order to investigate counsels’ opinions regarding the 2003 reforms. Drawing upon data collected from semi-structured interviews, the article examines barristers’ perspectives with regards to the definition of consent, the ‘consent presumptions’, and the reformulated mens rea. In conclusion, it will be argued that while the barristers were not overly optimistic about the reforms introduced by the 2003 Act, they were also opposed to further reform to the substantive law and increased jury directions. Barristers argued that the law relating to rape should remain as simple as possible.     

The Impact of the Rape/Sexual Assault Statutory Aggravating Factor on Death Sentencing Decision Making in Capital Murder Trials in North Carolina (1977–2009): A Propensity Score Matching Approach

It was not too many decades ago that rape was a crime for which the death penalty was a permissible punishment in the United States, particularly in death penalty states in the South. Relatedly, historical and contemporary death penalty research almost always focuses on the role of the race of the defendant and, more recently, the race of the victim and defendant–victim racial dyads as being relevant factors in death penalty decision making. As such, the current study employs data from official court records for the population of capital trials (n = 954) in the state of North Carolina (1977–2009) to evaluate the effect of the rape/sexual assault statutory aggravating factor on jurors’ decision to recommend the death penalty. Results suggest that cases in which rape is an aggravating factor had a significantly greater odds of receiving a death penalty recommendation, and these results are robust after also considering the independent effects of defendant–victim racial dyads, even following the application of propensity score matching to equate cases on a host of defendant and victim characteristics, legal and extralegal confounders, and case characteristics. Study limitations and implications are discussed.