Some of the deep rooted beliefs that s.41 YJCE Act 1999 aims to extinguish
Those pesky archaic beliefs held about rape that have no real bearing on actual rape, defined by Burt, 1980, p.217 as being “prejudicial, stereotyped, or false beliefs about rape, rape victims and rapists”. These ill-conceived beliefs can even impact the way police officers view this type of crime. While admittedly we all fall foul to some misguided ideas, by police falling prey to these myths, it can result in a lack of recording of reports, victims fearing the actual process of reporting and even an unprofessional manner of investigation.
These myths have a very long history within our society, with many believing that a ‘true’ rape is a violent rape by a complete stranger, that the complaints of rape are primarily false and that if the survivor of rape doesn’t report the event immediately, that they have fabricated it. This is an extremely traumatic experience, immediately reporting it is something very rare, it can take time to talk about, especially when reporting will result in being pressed for in depth detail.
The Office of National Statistics, in 2013, stated that only 14% of rapes offences get reported. Rainn.org has stated that only 11% of rapes and sexual assaults involve the use of a weapon, including personal weapons, such as hands, feet or teeth. In fact, a study conducted by David Lisak et al. concludes that only 2-10% of reports are false, this is an incredibly low percentage. However, with Rainn.org stating only 5 out of 1000 rapists get incarcerated, the Washington Post puts this slightly higher at 7 out of 1000, regardless, it is always below 1%, so is there any wonder male and female survivors don’t always report?
Some of the common myths about rape are as follows:
- Sex with some incapacitated by alcohol or drugs isn’t rape,
- You can’t rape your partner/spouse,
- Rape requires physical restraint,
- Only young ‘attractive’ women and girls, who flirt and wear ‘revealing’ clothing get raped,
- Men don’t get assaulted,
- Women don’t commit sexual offences,
- Women who ‘sleep around’ can’t be raped,
- Etc.
R v A (No. 2) [2001] Lord Stein – “the discredited twin myths…that unchaste women were more likely to consent to intercourse and in any event, were less worthy of belief… Such generalised, stereotyped and unfounded prejudices ought to have no place in our legal system. But even in the very recent past such defensive strategies were habitually employed. It resulted in an absurdly low conviction rate in rape cases. It also inflicted unacceptable humiliation on complainants in rape cases.”
Rape myths are so integrated within our society that they can even play a role within the judiciary, and within the adversarial system between two barristers. Using these myths have been found within two studies – Adler 1987 and Lees 1996 – as a common tactic for defence barristers. Thankfully legislative changes were introduced, such as s.41 Youth Justice and Criminal Evidence Act 1999, which restricts the evidence and questions able to be asked regarding a complainant’s sexual history, however it does provide four circumstances for when it can be used.
Past sexual history as evidence in rape cases shall get its own personal discussion in subsequent posts – there’s a lot to be discussed, R v Evans and the ‘floodgates’ argument for example!
Just because a survivor of this terrible ordeal does not fall into this preconceived ‘perfect victim’ stereotype does not mean it did not happen. It does not mean it was their fault, and they shouldn’t fear the repercussions of coming forward.
For Support –
https://www.nhs.uk/live-well/sexual-health/help-after-rape-and-sexual-assault/
NSPCC helpline: 0808 800 5000
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