Given all the shame, doubt and blame that is meted out to victims of rape, is it any wonder so few of them want to talk about what happened to them? No one knows for sure how many rapes are never reported to the authorities, but expert opinion, such as that collated by Baroness Stern in her review, believes the figure to be around 90%.
The fear of being called a liar and of being re-victimised by the legal system is what puts off rape victims from going to the police about their ordeal. And the more victims don't feel they can take their experience to the authorities, the more rapists escape justice and the more the true extent of the crime is kept hidden.
So think about it: if a woman told you she had been raped, how would you respond? Perhaps a woman has told you she was raped, how did you respond?
When I was in my late teens a friend of mine told me a male "friend of the family" had "made her" have sex with him while supposedly acting as her chaperone. As I recall, my instinct was to believe her story, to say it was clear to me the man had raped her and that he was utter scum.
It wasn't a situation I had prepared for - how could you? - but reading the accounts of other victims of rape or sexual assault, I'm relieved to learn that my heartfelt response was probably the most appropriate one as well.
Believing the account of a victim is crucial. Remember, the most recent study found that of all the rapes reported to the police, less than 6% were false allegations. Statistically, a woman who says she was raped is most unlikely to be lying. Likewise, statistics also tell us that a man who denies a rape accusation probably is lying.
Don't tell a victim that she could have done something to prevent the attack. Again, statistically the only thing she could have possibly done to prevent the attack was to avoid contact with any and all men. Especially friends, colleagues and family. Is that feasible?
Try and be as sensitive as possible to what she needs from you. If you sense she needs space, don't overwhelm her with physical comfort; if you sense she needs to go over and over what happened and how she feels about it, just listen.
Whether she decides to go to the authorities about the attack or not, support her decision. In a more ideal world, all rape victims would alert the police to their ordeals - but in reality, most don't want to for the reasons mentioned above. Respect that.
If a friend does confide in you that she has been raped it says something very important about how she regards you: she trusts you. You won't let her down, will you?
Showing posts with label false rape allegations. Show all posts
Showing posts with label false rape allegations. Show all posts
Monday, June 6, 2011
Tuesday, March 15, 2011
Retractions and repercussions
An acquaintance recently told me that a policeman friend of hers believes the number of false rape allegations made in the UK is actually very high because he has seen so many rape claims withdrawn before they come to court. He said although the police party line is that very few of the allegations turn out to be false, privately many officers think differently.
The high retraction rate of rape claims is one of the reasons for the high attrition rate - the number of reported cases that never result in a conviction for the crime. Only around 6% of all rapes reported to the police actually result in a conviction for rape.
It is perhaps understandable some police officers have formed the opinion that many rape claims are false when they see woman after woman refusing to participate in their investigations. But in fact, it's far more likely that women are withdrawing their allegations out of fear - fear of retribution or fear of what they will face in the courtroom.
One especially shocking case happened last year when a woman who had reported being raped by her abusive husband withdrew her allegation and was jailed for eight months for perverting the course of justice. Her sentence was later overturned at the Court of Appeal, where it was accepted that her allegations had been withdrawn under coercion from her husband.
The Criminal Prosecution Service was criticised for its decision to prosecute her at all and as a result, a consultation is now underway to offer new guidance which it's hoped, will prevent women, who have already been the victims of rape and coercion, from then becoming a victim of a misguided criminal justice system.
But what about vulnerable and traumatised women whose courage crumbles when they are hit by the full reality of what they will likely experience at the hands of court barristers?
As The Guardian's Legal Affairs Correspondent, Afua Hirsch put it in an article published last December:
"an adversarial court system does not encourage vulnerable or traumatised people to come forward. Far from the stereotypical view of slighted women quick to make false accusations, the prospect of being forensically examined by doctors, then cross-examined by barristers, is enough to deter many genuine rape victims from the prospect of justice altogether."
The high retraction rate of rape claims is one of the reasons for the high attrition rate - the number of reported cases that never result in a conviction for the crime. Only around 6% of all rapes reported to the police actually result in a conviction for rape.
It is perhaps understandable some police officers have formed the opinion that many rape claims are false when they see woman after woman refusing to participate in their investigations. But in fact, it's far more likely that women are withdrawing their allegations out of fear - fear of retribution or fear of what they will face in the courtroom.
One especially shocking case happened last year when a woman who had reported being raped by her abusive husband withdrew her allegation and was jailed for eight months for perverting the course of justice. Her sentence was later overturned at the Court of Appeal, where it was accepted that her allegations had been withdrawn under coercion from her husband.
The Criminal Prosecution Service was criticised for its decision to prosecute her at all and as a result, a consultation is now underway to offer new guidance which it's hoped, will prevent women, who have already been the victims of rape and coercion, from then becoming a victim of a misguided criminal justice system.
But what about vulnerable and traumatised women whose courage crumbles when they are hit by the full reality of what they will likely experience at the hands of court barristers?
As The Guardian's Legal Affairs Correspondent, Afua Hirsch put it in an article published last December:
"an adversarial court system does not encourage vulnerable or traumatised people to come forward. Far from the stereotypical view of slighted women quick to make false accusations, the prospect of being forensically examined by doctors, then cross-examined by barristers, is enough to deter many genuine rape victims from the prospect of justice altogether."
Saturday, March 12, 2011
Crying wolf...false rape claims and misconceptions
It is impossible to assess the number of false rape claims made in the UK and Baroness Stern has requested in her review that further research be done to try and establish how prevalent they are.
But she also says "the research that is available on false allegations gives a wide range of figures for how many there are, although those we spoke to in the system felt that there were very few" (my italics).
But false rape claims attract a disproportionate amount of press coverage - we can speculate about the reasons for that - resulting in a widely held view that such allegations are relatively common. When a woman (usually a woman) is convicted of making such a claim, a custodial sentence is commonly handed down.
The 2005 report by Kelly, Lovett, and Regan, A Gap Or A Chasm, suggested that the proportion of all rape allegations made that are subsequently found to be false is around 3%. Three in every hundred.
Undoubtedly, being the victim of a false allegation of rape is a horrible experience and can impact on the person for many years, as the allegation will be on their record and show up in Criminal Records Bureau checks.
But that does not mean the victims of sex crimes should be automatically doubted when they tell their story. Because it's far more likely they are telling the truth.
And too many rapists are escaping justice because they are often the ones being given the benefit of the doubt rather than their victims.
I believe the first response to someone's account of a distressing sexual assault is to say WE BELIEVE YOU.
If hard evidence later comes to light that the allegation was false, then action should be taken accordingly.
(Although I would question whether retribution in the form of a prison sentence is the most effective form of punishment here. Perhaps the person concerned should make amends, rather than be incarcerated at a high cost to tax-payers?)
But she also says "the research that is available on false allegations gives a wide range of figures for how many there are, although those we spoke to in the system felt that there were very few" (my italics).
But false rape claims attract a disproportionate amount of press coverage - we can speculate about the reasons for that - resulting in a widely held view that such allegations are relatively common. When a woman (usually a woman) is convicted of making such a claim, a custodial sentence is commonly handed down.
The 2005 report by Kelly, Lovett, and Regan, A Gap Or A Chasm, suggested that the proportion of all rape allegations made that are subsequently found to be false is around 3%. Three in every hundred.
Undoubtedly, being the victim of a false allegation of rape is a horrible experience and can impact on the person for many years, as the allegation will be on their record and show up in Criminal Records Bureau checks.
But that does not mean the victims of sex crimes should be automatically doubted when they tell their story. Because it's far more likely they are telling the truth.
And too many rapists are escaping justice because they are often the ones being given the benefit of the doubt rather than their victims.
I believe the first response to someone's account of a distressing sexual assault is to say WE BELIEVE YOU.
If hard evidence later comes to light that the allegation was false, then action should be taken accordingly.
(Although I would question whether retribution in the form of a prison sentence is the most effective form of punishment here. Perhaps the person concerned should make amends, rather than be incarcerated at a high cost to tax-payers?)
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