Essay: The common myths surrounding the offence of ‘rape’

This essay will examine the common myths that surround rape; both male and female rape myths will be subject to scrutiny. Brief reference will be made in regard to male rape myths, as discussion will mainly revolve around myths surrounding female rape. What constitutes to a rape will depend on the distorted beliefs of the Criminal Justice System and the general society.
It will be a matter of discussion on how their beliefs impact upon attrition rates and conviction outcomes. This essay will then end on the specific measures that are in place to tackle rape myths.
Rape is defined in the Sexual Offences Act 2003, as the penile “penetration” of the “vagina, anus or mouth of another person”, without the “consent” of that person. This Act replaced the previous Sexual Offences Act and extended the definition of rape to include oral penetration. By law, only males can be responsible for rape and not females, as “penetration” can only be done with a “penis”.
It is calculated that eighty-five thousand females and twelve thousand males would be raped per year in England and Wales. Recent statistics display that the police recorded thirty-four thousand, seven hundred and forty one rapes. This is not the precise figure, as approximately ninety per cent of rapes are not reported to the police. This is due to the serious issues surrounding attrition and conviction rates for rape. Attrition refers to the reported cases that “fall out” of the Criminal Justice System and which do not result in a conviction. The conviction rate for rape continues to remain low, as figures indicate that below six per cent of cases would have a successful outcome. Thus, as a result, victims are reluctant to report due to the low possibility that their report would be successful. On the other hand, myths surrounding rape have contributed significantly both to the attrition and conviction rates.
What would amount to a rape will depend upon the inaccurate beliefs of the Criminal Justice System and the wider society; these distorted beliefs are commonly referred to as “rape myths”. What does not mirror this “typical rape” notion is highly unlikely to constitute to a rape. Thus, these myths contribute to the majority of cases that are “filtered out” of the legal system, as it focuses upon removing the responsibility from the perpetrator and placing the blame on the victim. Hence, the reluctance for victims to report rape due to the fear of not being believed and the unlikelihood of a successful conviction outcome. It is due to this fixed “criteria” that results in a lack of faith and questions whether the Criminal Justice System is able to deliver justice to both male and female victims of rape. Also, it is important to note that there would be an overlap between myths surrounding female rape.
The general belief is that rape is an uncontrollable, “sexual desire”, which is carried out against the female population. Females are perceived as an object of “pleasure” for males; this stereotypical impression degrades males as a whole, as it suggests that they are incapable of controlling their sexual urges. This common belief is misleading, as sex is not the sole cause of rape. Rape can be expressed as a means of dominating females rather than a crime of “sex”. Therefore, there is a lack of knowledge of what constitutes to a rape. It is due to these inaccurate beliefs that forty-three point one per cent of rape cases have an unsuccessful conviction outcome.
Amongst many, it is deemed that rape occurs by a perpetrator that is unknown to a female victim. However, the occurrence of rape is common between “husbands”, “partners” or acquaintances. Statistics demonstrate this, as it is only in ten per cent of cases that the victim was raped by a stranger. In the past twenty years, there has been an increase in reporting rape. The ruling of R v R contributed to this, as a husband can be responsible if he engages in non-consensual intercourse with his wife. Thus, a wife is entitled to decline sexual intercourse with her husband. Till date, both “professionals” and “lay” individuals continue to accept the outdated beliefs of rape. Thus, this impacts on increasing the attrition rates, as police are likely to pursue and sympathise with females that have been attacked by an individual that is not known to them. In contrast to where there is or was a type of relationship between both the victim and the perpetrator, the police would not classify it as rape and may decide to not take any “further action”.
In relation to the point above, there are inaccurate assumptions of how a female should react and behave during and after an attack. The reliability of a victim’s attack depends on how instant they report their attack, the level of resistance and the degree of physical injuries sustained. Therefore, where a victim’s reaction and behaviour does not correlate to these inaccurate assumptions, they are often perceived to be making false allegations. This associates with the myth that women “cry rape”. Again, this impacts upon increasing the attrition rates, as the police are less likely to take any “further action” where a report does not mirror these inaccurate beliefs. Thus, it is evident that this does not take into account the reality of rape. The actuality of rape is that there is a delay for victims to report to the police, this is due to the overwhelming emotions of “embarrassment”, “self-blame” and “fear” of the entire procedure for rape. Nor do a majority of victims experience any significant injuries, as they tend to co-operate with their attacker out of fear that retaliating would endanger their lives. In addition to this, victims are unable to retaliate against their attacker, as they may freeze or enter a dissociated state during the period of the attack. However, this also impacts on the conviction rates for rape, as jurors are likely to believe victims that are unable to control their emotions, defend themselves against their attacker and report their attack “immediately” to the police. If the victim does not mirror this norm, they are perceived to be lying. Hence, the continuously low conviction outcomes for rape.
These stereotypical assumptions are supported further by the attitudes of the wider society. These common attitudes focus upon removing the responsibility from the perpetrator and placing the blame on the victim. It can be argued that males are provoked by the victim’s “flirtatious” behaviour and her choice of clothing. Figures indicate that twenty-six per cent of the wider society believed that a female was provoking to be raped if she wore “revealing clothing” and thirty per cent believed that was the case if she was intoxicated. In addition to this, eight per cent believed that the responsibility continues to remain on the victim if she had previously engaged in consensual intercourse with many other individuals. As stressed in the case of R v A, it is unfair to question victims on their past sexual history, as conviction outcomes are likely to be unsuccessful. On the other hand, pornography contributes to these attitudes, as it depicts that the female population craves to engage in sexual intercourse and that they lead males on by implying “yes” whilst pretending to act in the opposite manner. This supports the ideology that they prefer it “rough”. Thus, it is evident that these stereotypical assumptions have a negative outcome on convictions, as figures illustrate that forty-three point one per cent of cases have an unsuccessful outcome.
The myths discussed above relate to female rape. There is a reluctance to accept the fact that male rape does occur, as it does not mirror the “typical rape” notion. The unwelcoming of male rape illustrates that rape is exclusive to the female gender. However, statistics demonstrate that one thousand, two hundred and seventy four male rapes were recorded by the police. Males reporting rape may be due to the introduction of the Criminal Justice and Public Order Act 1994, which emphasised that a male can be liable if he engages in non-consensual intercourse with another male. This Act has been repealed by the Sexual Offences Act 2003. Despite statutory provisions expressing that male rape does occur, there are restrictions for males to report. Males are considered as the superior sex; therefore, they should automatically be able to defend themselves against an attack. Where males are penetrated anally, they are categorised as “less masculine” and homosexual. Thus, these “homophobic attitudes” surrounding male rape impacts on both attrition and conviction rates, as male rape is highly unlikely to be classified as rape.
A number of measures have been introduced in order to tackle the issue of myths surrounding rape, some of which include specialised female officers and various schemes to deliver support to both male and female victims of rape. In addition to this, Sexual Assault Referral Centres (SARCs) were introduced to provide care and support to victims of rape. However, it is evident that these specific measures have had a minimal impact on tackling these myths, as both “professionals” and “lay” individuals continue to accept the outdated beliefs of rape. Hence, the reason many cases are “filtered out” of the legal system and the unlikelihood of cases having a successful conviction outcome. In order to provide an effective solution, educating lay individuals is vital to tackle these outdated beliefs. Providing awareness that male rape does occur and that females are entitled to wear their choice of clothing, flirt and be intoxicated. This would not only minimise myths surrounding both male and female rape, it would also result in an increase in successful conviction outcomes.
To conclude, there are stereotypical myths that surround male and female rape. A majority of myths relate to female rape, this is due to the outdated assumptions of the Criminal Justice System and the general society. What does not correlate and live up to their expectations is unlikely to be classified as rape. These myths excuse the blame from the perpetrator and shift it to the victim; thus, this is the reason many cases do not result in a conviction and are filtered out of the legal system. As a result, there is a reluctance for both male and female victims to report; figures support this, as approximately ninety per cent of rapes are not reported to the police. On the other hand, despite many measures attempting to address these myths, they have not had a significant impact in tackling these myths. It is evident that until there is a change in attitudes in both the Criminal Justice System and the wider society, myths would exist and conviction outcomes would continue to remain low. Educating them and providing awareness on myths surrounding male and female rape would not only minimise these myths, it would also result in an increase in conviction outcomes.