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The notion that women lie about rape is a prevalent belief with pervasive influence. This thesis comprises a series of studies aimed at elucidating understanding of the ways in which this belief affects police officers' responses to women who report rape. The thesis begins by examining the historical context within which rape came to be defined as a crime, and considers the impact of dominant assumptions regarding the 'nature' of women on the formation of rape laws. Factors affecting criminal justice system responses to women who report rape are identified, considering in particular the ways in which these have been influenced by views of women's inherent deceitfulness. Having established the ideological and socio-political framework, attention then shifts to a consideration of rape in contemporary New Zealand. The views of rape complainants regarding their experiences of reporting rape and sexual assault to the police are presented, highlighting the centrality of &#...
British Journal of Criminology, 2001
During the 1970s and 1980s, in both Britain and New Zealand, mounting criticism was made of the way in which women rape complainants were treated by the police and criminal justice system. In response to these criticisms, legal and procedural changes were introduced in both countries in the mid-1980s, aimed at improving women's experience of the reporting process. As in England, however, little research was conducted following these changes to assess their impact on women's experiences of the police reporting process. In a recent British Journal of Criminology article (1997), Jennifer Temkin presented research findings based on a study of women in Sussex who reported rape in the 1990s. By way of comparison, this article presents the results of similar research conducted within the New Zealand context. Both studies, although conducted 'worlds apart', produced similar results and generated strikingly similar conclusions. This article presents a summary of the findings from the New Zealand research and explores possible explanations for the apparent lack of major improvement in women's experiences of the rape reporting process in both countries. It concludes that while the police and rape victims remain seemingly 'worlds apart' in their perspectives and needs, little in the way of substantive improvements appears possible within this historically and cross-culturally fraught area.
International Journal of Criminology and Sociology, 2014
The myth 'cry wolf' continues to pose particular problems for campaigners, policy makers and practitioners. This paper subjects this myth, and the way in which it has been debated, to critical scrutiny with a view to suggesting an alternative and better way of challenging the presumption both in theory and in practice that women 'cry wolf'. In reflecting on lessons learned that presume believability in establishing rapport from the treatment of children in sexual offence cases the paper suggests that such practices can maximise efficacy in the treatment of women in cases of rape. It concludes that by leaving accusatory language behind, complainants, practitioners and judicial parties may experience more successful pathways to truth.
2021
This study involves an analysis about rape myth acceptance by police as an underlying cause for unreported sexual assault cases throughout the world. Although the extent of women empowerment, gendered expectations, gender equality gap, rate of VAW and responding attitudes of survivors varies due to diverse traditional and cultural values. The aim of this research paper is to examine rape myth acceptance to the better understanding of police responses to sexual assault reports. The study also discusses various methods and techniques used by police officials of different countries while dealing and investigating sexual assault victims. The research is conducted through qualitative research methodology. Relevant data is collected by the analysis of available research work, reading materials and statistics of various countries relating to the problem. Inference as to this underlying cause has been drawn on the basis of information collected from observations and thorough study of the available literature and reports on the matter under discussion. The research would be highly significant in finding out the suitable solutions to deal with the problem with possible recommendations for policy-makers and the concerned departments for capacity building and skills development of relevant police officials and their training to investigate such issues in an appropriate way overcoming their traditional victim-blaming and patriarchal attitudes.
2002
This article proposes that feminist legal critics need to be able to explain how some rape cases succeed in securing convictions. The means by which rape cases are routinely disqualified in the criminal justice system have received widespread attention. It is well established in feminist legal critique that female complainants are discredited if they fail to conform to an archaic stereotype of the genuine or 'real' rape victim. This victim is not only morally and sexually virtuous she is also cautious, unprovocative, and consistent. Defence tactics for discrediting rape testimony involve exposing the complainant's alleged failure to comply with the sexual and behavioural standards of the normative victim. This understanding of how rape complain(an)ts are disqualified is not predictive, however, of the complainants whose cases succeed in securing convictions. This article reviews some successful Australian rape cases and considers the ways in which they disturb feminist understandings of how rape complaints are discredited in the criminal justice system. It proposes that recent research analysing the discourse of rape trials provides a way of explaining the apparent discrepancies between the 'ideal' rape victim and successful complainants.
2010
This copy of the thesis has been supplied on condition that anyone who consults it is understood to recognise that its copyright rests with its author and that no quotation from the thesis and no information derived from it may be published without proper acknowledgement.
The Cambridge Law Journal, 2009
The current paper focuses on police responses to male rape in England, UK. The data come from police officers and voluntary agency practitioners who completed in-depth interviews and qualitative questionnaires (N = 70). Questions about handling male rape cases were asked. The present paper focuses specifically on issues relating to the ways in which the police handle male rape cases. Thus, the way the police investigate male rape is critically explored. The police data were analysed using thematic analysis. Key issues emerged in the findings: male rape victims often get a poor response from the police; the police culture shapes officers' practices and decisions regarding male rape cases; and some police officers often see male rape complainants as making false allegations. If male rape victims are seen as supposedly falsely reporting, the implication of this is that the 'dark' figure of crime may develop because 'false' reports are 'no crimed', giving a distorted view of the extent to which male rape occurs. I argue that the police's treatment of male rape victims is largely influenced and shaped by preconceived ideas about male rape and gender bias. This paper attempts to tackle negative police treatment, and it raises awareness of male rape. It is significant to examine how the police manage male rape cases, to make changes to encourage reporting so that better services can be provided to rape victims.
Journal of Pragmatics, 2016
One routine “common sense” means of explaining sexual violence is the ideologically facilitated tendency to blame the victim, and previous research has identified patterns of victim-blaming in the talk of perpetrators of rape, and also in that of the professionals who deal with rape in their day-to-day work. This article focuses on the discursive resources drawn on in police interviews by rape victims themselves as they attempt to account for their own behaviour in relation to the attack. It identifies and describes points within interviewees’ talk where they produce “accounts” (Potter and Wetherell, 1987), and considers what these tell us about the participants’ shared understanding of what is relevant to the on-going talk. Occasions when there is evidence of a mis-match in the understanding of the participants will also be discussed. The analyses illustrate that for the accounts of interviewees to be heard as relevant, a number of prevalent and problematic themes of victim-blaming must be assumed. Interviewees anticipate and pre-empt implications that various aspects of their own behaviour contributed to their attack, and interviewers vary in the level of skill they display at negotiating these shared understandings.
2021
This is a summary of findings from the analysis of 441 police rape case files involving female and male rape complainants 14 years’ and older. This data represent all rape investigations conducted over a two-year period by two policing areas in England and Wales. The use of qualitative and quantitative data from the case files and officer interviews (n=9) are analysed to test for the existence of a culture of disbelief in police officer decision making. No evidence of a culture of disbelief was found.
2019
The funding for this study was provided by the Royal Society of New Zealand through the Marsden Fund, as part of a bigger project exploring barriers to rape reform. i Key findings A review of a sample of Police rape files from 2015 (Jordan & Mossman, 2019) was recently undertaken to compare the findings with an earlier 1997 study (Jordan, 2004). The review aimed to assess how the Police investigation process had changed post-Commission of Inquiry. This 'Key Informant Study' presented in this report was undertaken to supplement this file review. The decision to conduct this additional study was made to compare changes observed in the files to those directly experienced by the specialist support agency workers, forensic doctors and victim/survivor advocates who support victim/survivors. 1 The principal objectives were to: (i) assess how well victim/survivor advocates, medical and support agencies considered victim/surivors were served by current Police investigative procedures; (ii) reflect on any changes perceived in relation to police responses to rape allegations; and (iii) identify any issues/population groups posing contemporary challenges for the Police in relation to the reporting and investigation of sexual violence. Key findings Every interview and focus group included positive comments regarding how victim/survivors of sexual violence were now treated by Police and positive endorsements of the policy and procedural changes that had occurred since the Commission of Inquiry into Police Conduct. However, it was also clear that instances of poor practice remain, and there was not yet optimal service delivery across the country. v some poor practice still remains. The challenge for Police is to continue to build on their improvements and ensure greater consistency across all regions and areas of the Police service.
British Journal of Criminology, 2009
The UK has one of the lowest conviction rates for rape in Europe. This article presents unique evidence on the factors that influence the attrition of rape allegations in the English criminal justice system. The study is based on a large, representative sample of rape allegations reported to the London Metropolitan Police, the UK's biggest police force. The dataset contains unprecedented detail on the incident, victim, suspect and police investigation. The results lend support to the influence of some rape myths and stereotypes on attrition. These findings suggest that further central factors include the ethnicity of the suspect as well as what police officers and prosecutors perceive as evidence against the truthfulness of the allegation: the police record noting a previous false allegation by the victim, inconsistencies in the victim's account of the alleged rape, and evidence or police opinion casting doubt on the allegation.
72,000 men in England and Wales are victims of sexual violence each year. While sexual violence against men is slowly becoming recognised as a sociological and criminological issue because victims are steadily coming forward due to changes in policy and practice, gradually improving the reporting rate that causes sociologists and criminologists to take notice of a necessity to address the issue, there still however remains a noticeable gap regarding the context, contours, and consequences of policing male rape within England. This paper makes some attempt to fill in this lacuna, using data including police officers who completed indepth interviews and qualitative questionnaires (53 officers in total). This article focuses on several themes that emerged from the data, such as police insensitivity/secondary victimisation; police treatment of male rape; and police training, inter alia. It explores police officers' level of comprehension relating to the topic of male rape and, in turn, evaluates police training (or lack thereof) provided to help with understanding male rape. It considers the implications of poor police practice with regards to male rape. The results show that there are some police discourses that suggest that only women can be victims of sexual violence, not men, shaping how some officers think about and respond to male rape victims in practice.
This article reports on the ways in which the rape of women by men is constructed in the advice column Dear Dolly, published in the South African periodical Drum Magazine. The data collected for the study spans from 1984 to 2004, encompassing both 10 years before and 10 years after the onset of democracy in South Africa. The article uses critical discourse analysis (Fairclough 2003) as main analytical tool, but also draws on critical feminist theory (Bourke 2007). The findings suggest that there has been a decrease in explicit victim blaming after 1994, but that subtle and opaque victim blaming is still evident in readers' letters and in the responses. These rape discourses presented in Drum after 1994 are, as Bakhtin suggests, made up of multiple voices articulating different gendered discourses. In this article, we argue that even though the use of less explicit victim blaming might seem like a positive move in the representation of rape and gender, this is not always the case. The more subtle forms of victim blaming avoid contestation and consequently often go unchecked (Fairclough 2003: 58). Additionally, new rape myths are created to mitigate the responsibility of males. These processes of subtle victim blaming and new myth-making manufacture consent and make it more difficult to counteract dominant discourses.
Drawing on heteronormativity and hegemonic masculinity, this paper seeks to unravel the issue of the underreporting of male rape to the police and to the third sector. Critically examining the issue of male sexual victimisation will provide a fuller understanding of it within the police and third sector context. Underpinned by gender theories and concepts and the framework of heteronormativity, I argue that male victims of rape are reticent to engage with the police and voluntary agency practitioners because of hostile, sexist and homophobic reactions, attitudes, and appraisal, particularly from other men in these agencies within England to police masculinities and sexualities. I draw on primary data of police officers and voluntary agency practitioners (n = 70) to illustrate the ways wherein gender and sexualities norms and beliefs affect and shape their understanding and view of men as victims of rape. The data suggests that, when male rape victims report their rape, they are susceptible to a 'fag discourse', whereby the police and voluntary agency practitioners are likely to perpetuate language to suggest that the victims are not 'real' men, intensifying their reluctance to report and to engage with the criminal justice system. Thus, the police and voluntary agency practitioners', particularly male workers, masculinities are strengthened through emasculating male rape victims.
2009
The methods used by the UK Police to investigate complaints of rape have unsurprisingly come under much scrutiny in recent times, with a 2007 joint report on behalf of HM Crown Prosecution Service Inspectorate and HM Inspectorate of Constabulary concluding that there were many areas where improvements should be made. The research reported here forms part of a larger project which draws on various discourse analytical tools to identify the processes at work during police interviews with women reporting rape.
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