Police officers’ perceptions of false allegations of rape

Abstract

The idea that women lie about rape is a long standing rape myth with little or no supporting evidence. Previous research has demonstrated a belief in high levels of false allegations among police officers, despite no evidence to suggest rape is falsely reported more than other crimes. This has implications for complainants’ willingness to report sexual violations, for the treatment of complainants within the justice system, and wider societal understandings about what constitutes rape. The data that informs this paper comes from an Economic and Social Research Council-funded study that focussed on rape attrition and the institutional response to rape. Forty in-depth qualitative interviews were conducted with serving police officers in a UK force who regularly deal with reported cases of rape, and explored perceptions, practices and processes around rape. The research found police officers’ estimate of false allegations varies widely from 5 to 90%. The paper will discuss how police officers make judgements about perceived veracity of complainants in rape cases. This will demonstrate that whilst significant progress has been made in how police officers and police forces respond to rape, gender stereotypes about women as deceitful, vengeful and ultimately regretful of sexual encounters, continue to pervade the thinking of some officers. It will show that police officers differentiate between ‘types’ of reports they consider to be false, and operate with a notional ‘hierarchy’ of presumed false allegations that ranges from vengeful/malicious to mistaken/confused, with a corresponding reducing level of culpability attributed to women for the supposedly false allegation. It concludes that this serves to reinforce a culture that both supports and reproduces gender inequality and its manifestation in the form of sexual violence, and that intervention, training and institutional and policy frameworks are not wholly successful in addressing sexual violence in this context.     

'More Intimate Than Violence': Sexual Violation in Sarah Dunant's Transgressions

Horeck looks at what happens when a feminist author attempts to rewrite one of culture's most powerful narratives: the story of female victimization and male sexual violence. Exploring the controversy surrounding Sarah Dunant's 1997 thriller Transgressions , a novel accused of being 'anti-feminist' for its alleged depiction of female sexual arousal in a rape scene, she asks after feminism's fictional investment in images of rape. What kind of cultural work are images of sexual violence being made to perform for feminist crime writers? Her contention is that Dunant's novel exemplifies the purchase that rape holds for feminism as a scenario for working through questions of female agency and male-female sexual relations. Through her represenation of the female translator's attempt to rewrite a dominant cultural narrative of male brutality and female victimization, Dunant is thematizing the difficult work of the feminist crime writer. But while the novel's fictional representation of sex and violence can be read as an attempt to unsettle governing gender codes, Horeck argues that it also inadvertently shows up the limitations of the female crime writer's attempt to fight 'fantasy with fantasy'.     

论强奸案件被害人品格证据的可采性

品格证据规则作为基本证据规则长期存在于英美的刑事诉讼实践中,其核心在于避免刑事审判中不公正的偏见对案件客观事实的发现造成不利影响,但由于此项制度的矛盾性与复杂性,对其争议颇多。美国刑事诉讼中长期存在的"强奸盾牌条款",对强奸案件中被害人品格名声采用了有限可采的办法,即一般不采用,但存在例外规定。基于证据性质、被害人保护等诸多因素,我国应该明确强奸案件中被害人品格证据不具有可采性。     

Early maladaptive schemas in convicted sexual offenders: Preliminary findings

Core cognitive schemas may play a role in the vulnerability for sexual offending. Identifying these schemas could help to conceptualize sexual crimes and rehabilitate convicted sexual offenders. The aim of this preliminary study was to explore the relationship between early maladaptive schemas (EMSs) and sexual offending, as well as how rapists and child sex molesters differ in terms of these schemas. Thirty-two men convicted for rape, 33 convicted for child sexual abuse, and 30 non-offenders were evaluated using the Young Schema Questionnaire (YSQ-S3) and the Brief Symptom Inventory (BSI). Results showed that participants convicted for child sexual abuse presented significantly more schemas from the disconnection/rejection, impaired autonomy/performance, other directness, and over vigilance/inhibition domains than non-offenders, whereas rapists presented more schemas from the impaired autonomy/performance domain than non-offenders. Differences between sex offenders showed that child molesters presented more schemas of pessimism than rapists. Preliminary findings suggested that EMSs may impact sex offender's perceptions about themselves and about the world. Schema-focused therapy (Young, 1990, 1999) may thus be an acceptable approach to sex offender's psychological assessment and intervention.     

Situational variables or beliefs? A multifaceted approach to understanding blame attributions

Are victim and perpetrator blame attributions affected more by situational-specific variables or observers’ basic motives and personal beliefs? In three experiments, varying the scenario setting, the effects of victim and participant age, participant gender, sympathy for the victim, trust in the justice system, belief in a just world and acceptance of rape myths were investigated. In total, 877 Swedish adolescents and adults read scenarios reflecting common acquaintance rape situations. Victim age (18 or 31) was manipulated, but did not affect attributed blame. Effects of participant age and gender varied markedly across the three experiments. Sympathy for the victim and acceptance of rape myths were stronger predictors than belief in a just world. Consistently, blame attributions were found to be more affected by personal beliefs than situational-specific variables.     

论抢劫罪、强奸罪客观行为之异同

对于抢劫罪与强奸罪的客观行为,在目前我国的刑法基本文本中表述是大致相同的.由此,在学界,关于如何理解刑法第263条抢劫罪与刑法第236条强奸罪的客观行为有了一定的争议.在目前我国刑法文本的框架下,采取体系解释的方式,两个条文中共同存在的“暴力、胁迫或者其他方法”的客观行为具有较为巨大的差异性和不同性,基于两个条文的自身...     

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.     

Why do men rape? Understanding the determinants of rapes in India

Abstract

The study examines the determinants of rapes in India using state-level data for the time period 2001–2015. The panel model analysis indicates that there is no impact of education and economic growth, pointing towards a larger role of social and cultural factors in this context. The effect of deterrence variables (such as the number of police stations) is non-existent, possibly pointing towards the incompetency of the police force. Social attitude towards women emerged as the most robust predictor of the extent of rapes in India. We argue that the fundamental problem lies in the misogyny deeply rooted in the Indian society.     

Characteristics associated with rape attrition and the role played by scepticism or legal rationality by investigators and prosecutors

Abstract

This paper reports a multidimensional scaling analysis of features associated with rape attrition by identifying key aspects of the rape that are associated with loss of cases at the stages of police investigation, prosecutors’ considerations and in court. The research utilized a case-file analysis (n=105) consisting of all rapes reported to one division within a large UK urban police force by females over the age of 16 from April 1998 to April 2003. In addition, interviews were conducted with police officers and Crown Prosecutors to explore their understanding of the reasons why attrition occurs. The findings illustrate the extent to which prejudicial attitudes and legal logic influence police officers’ and solicitors’ modes of thinking and subsequently influence decisions for rape cases to proceed to court. Methodological and practical issues are considered.