Rape: myth and reality: a clinician's perspective

I am not an academic, policy-maker or criminal justice professional, but a clinician. I do not have an interest in this field, I have an expertise, particularly when considering the psychological consequences of rape and the potential implications of these for both legal proceedings and for the individual affected. I am grateful to Mr Heaton-Armstrong for outlining so eloquently the key issues from his perspective on this subject area. He questions the impartiality of politicians and others involved in this field; it is difficult to be impartial in an area where views expressed are so polarized, and at times extreme. Interestingly, in discussing ‘myths versus reality’ what emerges is how very different his reality is from my own; perhaps this goes some way to explaining our differing viewpoints. Before proceeding further, I would like to touch on issues of language. Firstly, I will speak from the perspective of women, but acknowledge that anyone can be a victim of rape. In the time allowed, however, it would be impossible to consider the differences between men and women, or adults and children. Victims (or survivors as many would prefer to be known) are just that; people who have experienced an adverse circumstance (and have lived through in spite of the adversity). Some may choose also to become complainants, but many do not. Results from the British Crime Survey in 2000 showed that for women aged between 16 and 59, 0.4% reported rape in the preceding year, which would equate to 61,000 victims. In the same survey 18% of sexual victimization incidents came to the attention of the police. Others suggest that between 5% and 25% of rapes are reported to the police. So is there a problem? My reality suggests that there are far more victims (say 61,000), than there are complaints made (roughly 13,000 a year); and many more victims than there are convictions (around 800 a year). Simple mathematics (and the sexual-offending literature) indicates that even the most prolific serial sex offenders are unlikely to account for these discrepancies, and so in my view there is a clear need for ‘something to be done’. Mr Heaton-Armstrong has raised issues of the falsely accused. How do we reliably judge who is falsely accused? Are false accusations of relevance? In my experience, whenever I attempt to discuss rape and its effects on the individual, the issue of false complaints arises – a different issue as, by the very nature of the complaint being false, the complainant is not a victim of the issue at hand. And, in attempting to quantify false complaints, we cannot rely on the figures relating to rape complaints or ‘not guilty’ verdicts; the judicial process is concerned with what can be proven, a different issue altogether. Given these factors, I do not intend to comment further on this separate area of research. In speaking to you tonight, I amgoing to concentrate on thematter in hand which is ‘Rape – myth and reality’. I am going to concentrate on what we know, rather than what we do not. So, myths and reality in rape; why is this important? When a rape victim turns to anyone and discloses what has happened, that individual (and society’s) response is important, and one determinant of the victim’s future psychological wellbeing. If the victim has chosen to disclose to the police and thus become a complainant, they are often aware that a series of events and interactions will follow. Those who they subsequently encounter through the judicial process will make judgements based on their own belief systems. Attitudes might affect questioning, evidential acquisition, victim response, decisions about proceeding and jurors’ deliberations. So beliefs held, when myth rather than reality, may have a crucial role to play in achieving justice; it is however the law that must be adhered to, not moral judgement. When hearing the word ‘rape’ many people will conjure up an image of a stranger attacking a woman at knife-point in a dark public place. In reality, this situation is extremely rare. Most rapes are committed by someone known to the victim. Common categories of perpetrators include current and ex husbands and partners, recent acquaintances, colleagues and people in positions of trust. This in turn means that many rapes take place in private – including in the victim’s home, in the perpetrator’s home, in workplaces – and in the context of daily lives. And yet, for some, including the victims themselves, such encounters are not always seen as rape, and indeed, it was not until 1991 that rape within marriage was criminalized. The issue of force is another area around which myths abound. Force is not a legal requirement in the crime of rape and many rapes do not involve additional physical assault or threat. Many victims do not resist and many are This presentation was given at the Friends’ Dinner of the British Academy of Forensic Sciences held at Apothecaries’ Hall, London, UK, on Thursday 11 March 2010.