scholarly journals True "Lies" and False "Truths": Women, Rape and the Police

2021 ◽  
Author(s):  
◽  
Jan Jordan

<p>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 'being believed'. Quantitative and qualitative data are presented from an analysis of police sexual assault investigation files and are used to highlight the factors affecting police officers' perceptions of complainants' credibility. The file analysis is complemented by material derived from interviews with sexual assault investigators, which explores further the issue of allegedly false rape complaints. The final study presented documents the experiences of a group of rape victims who largely conform to the police stereotype of the 'perfect victim'. In this chapter, women who were attacked by serial rapist Malcolm Rewa reflect on the ways in which they were treated by the police. Their accounts are useful in highlighting the potential for positive police-complainant relationships when the issue of the victim's credibility is not the dominant concern. Taken together, these studies provide a series of different perspectives on police responses to reports of rape. The results indicate that concerns about the victim's credibility continue to dominate reporting procedures, and that negative stereotypes concerning lying, vengeful women remain influential. Recent attempts by the police to improve women's experiences of rape investigations are acknowledged, but the overall conclusion suggests that the scope for positive change will remain limited while such negative stereotypes prevail.</p>

2021 ◽  
Author(s):  
◽  
Jan Jordan

<p>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 'being believed'. Quantitative and qualitative data are presented from an analysis of police sexual assault investigation files and are used to highlight the factors affecting police officers' perceptions of complainants' credibility. The file analysis is complemented by material derived from interviews with sexual assault investigators, which explores further the issue of allegedly false rape complaints. The final study presented documents the experiences of a group of rape victims who largely conform to the police stereotype of the 'perfect victim'. In this chapter, women who were attacked by serial rapist Malcolm Rewa reflect on the ways in which they were treated by the police. Their accounts are useful in highlighting the potential for positive police-complainant relationships when the issue of the victim's credibility is not the dominant concern. Taken together, these studies provide a series of different perspectives on police responses to reports of rape. The results indicate that concerns about the victim's credibility continue to dominate reporting procedures, and that negative stereotypes concerning lying, vengeful women remain influential. Recent attempts by the police to improve women's experiences of rape investigations are acknowledged, but the overall conclusion suggests that the scope for positive change will remain limited while such negative stereotypes prevail.</p>


2020 ◽  
pp. 088626052097819
Author(s):  
Jodie Murphy-Oikonen ◽  
Karen McQueen ◽  
Ainsley Miller ◽  
Lori Chambers ◽  
Alexa Hiebert

One in four women will experience sexual assault in their lifetime. Although less than 5% of sexual assaults are reported to law enforcement, one in five cases reported to police are deemed baseless (by police) and therefore coded as “unfounded.” Police officers are in a unique position to act as gatekeepers for justice in sexual assault cases, given their responsibility to investigate sexual assault reports. However, high rates of unfounded sexual assaults reveal that dismissing sexual violence has become common practice amongst the police. Much of the research on unfounded sexual assault is based on police perceptions of the sexual assault, as indicated in police reports. Women’s perspectives about their experiences with police are not represented in research. This qualitative study explored women’s experiences when their sexual assault report was disbelieved by the police. Data collection included open-ended and semi-structured interviews with 23 sexual assault survivors. Interviews covered four areas including the sexual assault, the experience with the police, the experience of not being believed, and the impact on their health and well-being. Interviews were audio-recorded, transcribed, and entered into NVIVO for analysis. Data were analyzed using Colaizzi’s analytic method, resulting in the identification of four themes, including, (a) vulnerability, (b) drug and alcohol use during the assault, (c) police insensitivity, and (d) police process. The women in this study who experienced a sexual assault and reported the assault to police were hopeful that police would help them and justice would be served. Instead, these women were faced with insensitivity, blaming questions, lack of investigation, and lack of follow-up from the police, all of which contributed to not being believed by the institutions designed to protect them. The findings from this research demonstrate that police officers must gain a deeper understanding of trauma and sensitive communication with survivors of sexual assault.


Author(s):  
Kayla Crawley ◽  
Paul Hirschfield

The school-to-prison pipeline (STPP) is a commonly used metaphor that was developed to describe the many ways in which schools have become a conduit to the juvenile and criminal justice systems. The STPP metaphor encompasses various disciplinary policies and practices that label students as troublemakers, exclude students from school, and increase their likelihood of involvement in delinquency, juvenile justice, and subsequent incarceration. Many external forces promote these policies and practices, including high-stakes testing, harsh justice system practices and penal policies, and federal laws that promote the referral of certain school offenses to law enforcement. Empirical research confirms some of the pathways posited by STPP. For example, research has shown that out-of-school suspensions predict school dropout, justice system involvement and adult incarceration. However, research on some of the posited links, such as the impact of school-based arrests and referrals to court on school dropout, is lacking. Despite gaps in the empirical literature and some theoretical shortcomings, the term has gained widespread acceptance in both academic and political circles. A conference held at Northeastern University in 2003 yielded the first published use of the phrase. Soon, it attained widespread prominence, as various media outlets as well as civil rights and education organizations (e.g., ACLU, the Advancement Project (they also use “schoolhouse-to-jailhouse track”), the National Education Association (NEA), and the American Federation of Teachers) referenced the term in their initiatives. More recently, the Obama administration used the phrase in their federal school disciplinary reform efforts. Despite its widespread use, the utility of STPP as a social scientific concept and model is open for debate. Whereas some social scientists and activists have employed STPP to highlight how even non-criminal justice institutions can contribute to over-incarceration, other scholars are critical of the concept. Some scholars feel that the pipeline metaphor is too narrow and posits an overly purposeful or mechanistic link between schools and prisons; in fact, there is a much more complicated relationship that includes multiple stakeholders that fail our nation’s youth. Rather than viewing school policies and practices in isolation, critical scholars have argued that school processes of criminalization and exclusion are inextricably linked to poverty, unemployment, and the weaknesses of the child welfare and mental health systems. In short, the metaphor does not properly capture the web of institutional forces and missed opportunities that can push youth toward harmful choices and circumstances, often resulting in incarceration. Many reforms across the nation seek to dismantle STPP, including non-exclusionary discipline alternatives such as restorative justice and limiting the role of school police officers. Rigorous research on their effectiveness is needed.


2008 ◽  
Vol 46 (3) ◽  
pp. 183-189 ◽  
Author(s):  
Scott J. Modell ◽  
Suzanna Mak

Abstract Individuals with developmental disabilities are 4 to 10 times more likely to become crime victims than individuals without disabilities (D. Sobsey, D. Wells, R. Lucardie, & S. Mansell, 1995). Victimization rates for persons with disabilities is highest for sexual assault (more than 10 times as high) and robbery (more than 12 times as high). There are a number of factors related to individuals' with disabilities susceptibility to interactions with the criminal justice system. In addition to these factors, many significant barriers exist, both real and perceived, that limit investigation and prosecution of these cases. How police officers perceive and understand disability play significant roles in how these cases develop and evolve. The purpose of this study was to assess police officer knowledge and perceptions of persons with disabilities.


2013 ◽  
Vol 28 (2) ◽  
pp. 245-272 ◽  
Author(s):  
KATHERINE D. WATSON

This article examines encounters of women with the criminal justice system in Wales during the century before the Courts of Great Sessions were abolished in 1830. Drawing on evidence from cases of sexual assault and homicide, it argues that women who killed were rarely convicted or punished harshly. A gendered discretion of sorts also acted against rape victims, as trials never resulted in conviction. Using violence as a lens, the paper reveals a distinctively Welsh approach to criminal justice, and offers quantitative evidence on which further comparative studies of the history of law and crime in England and Wales may be based.


1977 ◽  
Vol 23 (2) ◽  
pp. 136-153 ◽  
Author(s):  
Gerald D. Robin

Forcible rape is unique among crimes in the manner in which its victims are dealt with by the criminal justice system. Raped women are subjected to an institutionalized sexism that begins with their treatment by the police, continues through a male-dominated criminal justice system influenced by pseudo-scientific notions of victim precipitation, and ends with the systematic acquittal of many de facto guilty rapists. The codification of sexism centers in the legal elements involved in proving guilt and obtaining convictions. In effect, the law's focus upon corrob oration, consent, and character has established a standard of proof in rape cases that is more stringent than "beyond a reasonable doubt." Nonetheless, the processing of rape victims by the criminal justice system is gradually becoming more sensitive, facilitative, and reflective of the trauma experienced by the women involved. The legal position toward the crime is also becoming less sexist and more responsive to the realities involved in sexual assault. Both of these changes have come about through the efforts of the women's liberation movement. The most promising means for achieving more humane and dignified treatment of rape victims in the arms of the law have been "rape crisis centers." This approach to eliminating institutionalized sexism surrounding forcible rape has been significantly aided and abetted by successful attempts to modify the basic definition of the crime and to revise the legal elements needed for conviction.


2021 ◽  
pp. 104398622199988
Author(s):  
Rachel E. Lovell ◽  
Rachel Dissell

We present a case study of a researcher–reporter collaboration that formed from an initiative to address thousands of previously untested rape kits in one Midwestern (U.S.) jurisdiction. We explore this symbiotic partnership by examining (a) how and why it formed; (b) the outcomes, including extensive and public dissemination and a unique project that surveyed 294 Ohio law enforcement agencies to see what happened after the rape kits were tested (Ohio Rape Kit Survey Project); and (c) the impact that the partnership, dissemination, and larger initiative had in sparking demonstrable change in how the justice system and the general public responded to and engaged with the issue of untested rape kits and with victims of sexual assault. We conclude with larger takeaways from this collaboration for researchers and reporters but also provide a framework for how this type of collaboration can be leveraged to produce change for the greater good.


2021 ◽  
pp. 107780122098834
Author(s):  
Caitlin P. Carroll

Rape victims often face secondary victimization by the criminal justice system, prompting their advocates to promote a variety of procedural changes, including the provision of an independent legal counsel for victims. Sweden implemented a legal counsel for victims of sexual assault and rape in the late 1980s, yet research about their role remains limited. This article draws upon interviews with victim-lawyers in Sweden and suggests that having access to an independent legal counsel can mitigate the risks for secondary victimization by empowering victims to access their rights and providing emotional support and connectedness in the criminal justice system.


Author(s):  
Aliraza Javaid

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.


2020 ◽  
pp. 002204262097407
Author(s):  
Nathan E. Kruis ◽  
Alida V. Merlo

Prior work has suggested that provider-based stigma of substance use disorders may be one barrier to fighting the opioid epidemic. However, to date, provider-based stigma has been afforded little attention in the context of the criminal justice system. The goal of the current study was to extend this line of research by examining the impact of provider-based stigma toward opioid using persons to beliefs about help that should be provided to persons experiencing an overdose among a sample of 208 police officers working in departments in the Northeastern Region of the United States. In addition, this study explores the relationship between provider-based stigma and the anticipated on-duty behavioral responses to opioid overdoses. Results from multivariable analyses indicate that certain dimensions of social stigma are significantly related to officers’ perceptions of help in varying directions, along with officers’ experiences with naloxone administration and departmental policy pertaining to the use of naloxone.


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