The following article is in fact Beckys dissertation. She has kindly allowed me to upload it in full to the Survive website in the hope that others will read and understand, and maybe want to help in the continuing fight for justice for Rape survivors. Thanks you Becky, and good luck with your future and chosen career.
CONTENTS
Introduction
Chapter One - Literature Review
Chapter Two - Theory & Methodology
Chapter Three - Research Findings
Chapter Four - Conclusion
Appendices
This study focuses on the pre-trial attrition rate of female rape. The term rape is used as defined in the 1976 Sexual Offences (Amendment) Act as when a man has unlawful sexual intercourse with a woman without her consent and at that time when he knows she does not consent to the intercourse or is reckless as to whether or not she consents to it. Concerns about rape and the Criminal Justice System have been highlighted over the past two decades. There has been concern about the increase in reported rapes and the dark figure of unreported rapes, the nature of rape trials and the unjust sentencing of rapists (Adler, 1984) and in the mid 1980s much concern was expressed about police practices (Chambers and Millar, 1983) .
Rape is one of the least reported and least prosecuted of all violent crimes (Women Against Rape, 1995) and this study seeks to explain why. The attrition rate is a filtering process whereby alleged offences either never come to the attention of the Criminal Justice System through non-reporting or because they are dropped as they go through the various stages in the justice process. This study concentrates on the high rate of attrition of rape cases and those factors effecting it, in particular, the relationship between the defendant and the complainant. There has not been a great deal of research specifically on attrition, however the findings of the existing few studies have found the attrition rate to be worryingly high with an estimated 1 in 200 rapes resulting in conviction (Women Against Rape, 1995). It will be useful to examine this filtering process at the separate stages of the Criminal Justice System; from reporting, through to the police, through to the Crown Prosecution Service (CPS) and then the court so that the numbers dropped at each stage and the reasons why are highlighted. Although the harrowing nature of the trial is often the focus of much research on rape, problems exist within the pre-trial processes of the Criminal Justice System. My own research focuses on this pre-trial process, gathering data from rape counsellors, a rape campaigning group, a barrister, police and rape victims who have seen their cases dropped, to find out why the attrition rate is so high and the ways it can be reduced (the specific aims of the research are listed in the following chapter)
The findings cannot be understood out of context, but must be located in the wider processes of the Criminal Justice System. For example if the CPS fail to prosecute a large number of rape cases, or the conviction rate at court is so low, this may imply that it may not be efficient for the police to spend time and resources pursuing cases.
Chapter one reviews existing literature on the attrition rate, 'rape myths' and studies conducted by researchers on rape and the individual stages of the Criminal Justice System. The chapter concludes by highlighting pertinent points raised by the literature review to be followed up in my own research.
Chapter two examines theories influencing the research, justifies method selection and explains how the sample was chosen and approached and how the data was analysed.
Chapter three presents the main findings of the research in line with the points raised from the literature review in Chapter two.
Chapter four concludes with recommendations on how the pre-trial attrition rate could be reduced.
This chapter begins with a review of the literature on rape myths, followed by a review of research conducted specifically on the attrition rate. It pulls together research on the individual stages of the Criminal Justice System (from reporting to the police, to the CPS, to the court trial) to highlight how certain, seemingly unrelated practices may affect the attrition rate. As noted earlier, police and CPS practices and their effect on the attrition rate cannot be understood in isolation e.g. the low conviction rate in court may influence CPS and police decisions or may deter women from reporting. A thorough knowledge of the practices of professionals within each stage of the Criminal Justice System is therefore required.
An understanding of rape myths is very important in a study of attrition as they infiltrate each stage in the Criminal Justice System, affecting the number and type of rapes reported (or rather not reported), police responses, practices of the CPS, the defence and the judge and jury. A number of common rape myths will be presented below and rebutted with empirical evidence.
Firstly, a common myth exists that rapists are sexual psychopaths with perverted tendencies. However, research shows that rapists come from all backgrounds, classes and age groups and are rarely mentally ill. (Hall, 1985). The sexual psychopath myth implies that rapists are easily distinguishable, and different, from those men whom women know and trust. As Wilson (1983) notes, most rapists are ordinary men. It is not so much that they are 'rapists', rather they have simply, as 'normal' men, raped someone.
Secondly, there is a myth that rapists are knife-weilding strangers attacking at night in dark alleyways. Research expels this myth demonstrating that the majority of victims actually know their attacker (e.g. Hall, 1985 and Smith, 1989). The London Rape Crisis Centre (1985) survey found that a third of attacks took place during the day and that 40% took place in the victims' homes. The latest Home Office figures (The Independent, 15.6.98) found that stranger attacks had dropped in 1996 to 8% of all recorded rapes.
1 The term 'victim' will be used in this study for the sake of convenience.
It is in no sense intended to disempower women or contribute to the idea
that it is right and natural for men to prey on women as has been suggested
by a number of feminist groups including the London Rape Crisis Centre
(1986).
2 The Home Office Study: 'The Processing of Rape Cases by the Criminal
Justice System' by Jessica Harris is yet unpublished, however its findings
were published in the national newspapers during the summer months of 1998.
Harris studied 309 recorded rapes in 5 police forces in 1996.
Thirdly, another myth concerns men's so-called 'uncontrollable sexual urges' and women's failure to accept responsibly for arousing this urgent sex drive. This is unfounded as studies show that rape is associated with the exercise of power rather than sexual urges (Smart, 1977). It has also been suggested that 80% of rapes are not spontaneous acts but are often wholly or partially planned. (Amir, 1977).
Fourth, there are myths about the 'types' of women who are raped. For instance, there is a common presumption that women who are raped enjoy being treated with force, and that when they say 'no' they really mean 'yes'. Stereotypes abound about the good women (for instance, the virgin daughter or faithful wife) who don't 'ask for it' as opposed to those bad women (for example, those who have had several sexual partners, prostitutes or those women who do not conform to commonly held notions of femininity) who do 'ask for it'. A survey in the Daily Telegraph (28.2.92) found that a large proportion of respondents held beliefs that women made up stories about being raped, that men have uncontrollable sexual urges and that sometimes women contribute to their rape and can be held partially responsible due to their behaviour, particularly if under the influence of drugs or alcohol or went to a man's house.
The media often reflect and reinforce these myths. Soothill and Walby (1991) studied sex crimes in the British press and found that news tended to present attackers as monsters or 'sex fiends'.
But myths have effects; and these 'rape myths' affect how men and women view rape, the types of rapes reported and the practices of professionals within the Criminal Justice System. They also affect the precepts women are taught to avoid attack, such as not walking alone at night or not wearing certain clothes etc. If a women is understood to have ignored these teachings then she may be considered partly responsible for her attack. For example Judge Bertrand Richards stated that a woman attacked whilst hitchhiking had contributed to her rape and hence gave her attacker a fine (in Scraton et al, 1984). The defence lawyer can also play on myths to discredit a victim's account in court. For example (s)he may demonstrate that the attack lacked any of the elements constituting the stereotypical 'real rape' or that the women did not conform to the 'real victim' - for example, a rape by a male acquaintance on a woman in her home with no signs of physical injury.
The largest rate of attrition occurs in the amount of rapes which are not reported. It is impossible to gain an accurate figure on this level of non reporting, however estimates have ranged from 1 in 4 (London Rape Crisis Centre, 1986) to less than 1 in 6 (Hall, 1985). The level of non reporting is not focused on specifically in this research, instead the attrition of reported rapes will be examined. This is not to suggest that the level of non reporting is irrelevant, indeed it will be proposed that the rate of attrition has an effect on the number of rapes actually reported. For instance if women hear that only 1 in 12 alleged rapists are convicted they may be hesitant in reporting.
Those studies focusing specifically on the attrition rate have found it to be high. Chambers & Millar's (1983) Scottish study found that only 9% of recorded offences resulted in a guilty verdict. Grace et al's (1992) research revealed an attrition rate of 71% and Gregory and Lees (1996) found an attrition rate of 92%. The latest Home Office study (The Independent, 15.6.98) found a 73% attrition rate.
3 Grace et al's (1991) study examined all those alleged offences initially recorded as rape during the second quarter of 1985 in all police forces in England and Wales apart from the Metropolitan Police District.
There are certain points within the justice process where cases are more likely to be dropped. These are at the point of police classification, at the stage of police referral to the CPS, at the CPS stage and finally the point where the defendant is found not guilty in court. Each of these stages will be examined in turn below;
i)Police Classification Procedures
Gregory and Lees (1996) found that despite a shift to more sensitive police
treatment of women, police continue to 'no crime' up to 43% of reported
cases. Grace et al (1992) and the latest Home Office Report (The
Independent, 15.6.98) found that a quarter of reported rapes in their
sample were 'no crimed'. These figures are somewhat alarming as the Home
Office has issued guidelines (1986) setting down procedures for 'no-criming'
stating that a case should only be 'no crimed' when complaints prove to be
false or malicious and for no other reason. The aforementioned studies
found that complaints were not recorded for many other reasons. Gregory
and Lees (1996) found that half of the 'no crimed' cases were due to the
complainants failure to substantiate the allegation. Lack of evidence of
physical injury, lack of forensic evidence, the victim being an alcoholic
etc. have also been found to be reasons for 'no criming'. Police also
affect the attrition rate by downgrading reports of rapes to less serious
offences, for example Gregory and Lees (1996) found that some cases of
attempted rape were reduced to grievous bodily harm.
ii)Police Failure to Refer to CPS
Lees and Gregory (1996) found less than a third of the original reported
cases were referred to the CPS. When questioned about this by the
researchers, the police explained how they had to second guess the actions
of the CPS and that stranger rapes were easier to get through. Whilst on
the one hand the police are pressed to improve victim care and thereby
encourage women to come forward, on the other hand there is political
pressure to improve the clear up rate. Pressure from the politicians,
the CPS and courts carries the greatest weight and the combined effect
is an increase in the attrition rate (Lees & Gregory, 1996). The Home
Office report of 1996 (The Independent, 15.6.98) found that 37% of cases
were marked 'no further action' - a step usually taken when there is
insufficient evidence to take the case to court.
iii)CPS
Once the case is sent to the CPS by the police it is checked by a CPS
lawyer who may then consult a barrister and a decision is made about
whether to progress with the case. The CPS can either decide not to
proceed due to insufficient evidence or they can plea bargain - both
practices contribute to the rising attrition rate. The Home Office
study (1998 in The Independent, 15.6.98) found that 8% of cases were
dropped at this stage. Gregory and Lees (1996) found that 16% of
referrals to the CPS were dropped. The police in the study stated
that the CPS would often not proceed with cases involving victims
with emotional difficulties (psychiatric problems) or rapes of
prostitutes. The CPS in this study stated that the Code of Practice
requires the prosecutor to proceed only if there is a reasonable
prospect of conviction or if it is in the public's interest.
They must therefore be convinced of the sufficiency of evidence and the
credibility of the witness and must weigh the likely penalty with the
estimated length and cost of proceedings in order to determine whether
a prosecution would be in the public's interest. One way of cutting
costs would be to plea-bargain.
iv) Defendent found not guilty of rape
In the unlikely scenario of a case proceeding as far as court
(Criminal Statistics for England and Wales found only a fifth of
recorded rapes reached court) many defendants are acquitted due to the
focus on consent and the nature of the trial. Grace et al (1992) found
that those who were convicted were more likely to be a stranger to the
victim and that the victim was more likely to be young and single with
physical injuries. The attackers may also be found guilty of a lesser
charge.
Factors influencing whether cases are dropped include the following: the relationship between the complainant and the suspect; the age and marital status of the victim; the place and degree of initial contact and the degree of violence.
Firstly, the relationship between the complainant and the suspect is a determining factor. Those involving acquaintances or intimates were much less likely to proceed to prosecution and were more likely to result in acquittal whislt rapes by strangers were more likely to end in conviction once detected. Cases of rapes by acquaintances or intimates were more likely to fall by the wayside at every point in the justice process (Lees & Gregory, 1996 & Grace et al, 1991).
Age and marital status are also determining factors. Grace et al (1992) found that if the victim was young (under 16) or older (over 51) then the alleged rapist would be more likely to be convicted.
The degree of consensual contact was also found to be a determining factor in the aforementioned studies. Where a degree of consensual contact between the victim and the attacker had taken place prior to the rape, the case would be more likely to be 'no crimed' than cases with no consensual contact. The place of initial contact was also of importance. Grace et al (1992) found that if initial contact took place in a public indoors setting (e.g. pub or club), these cases would result in the highest 'no criming' rate and lowest conviction rate.
Finally, violence was a significant determining factor. The more violence and injury to the complainant - the increased probability of conviction (Grace et al, 1992).
The remainder of this chapter examines the police, CPS and trial stages individually and reviews studies which have focused specifically on these areas. Certain practices are highlighted which may contribute to the rising attrition rate.
Much research during the 1980s highlighted the insensitive practices of police dealing with rape victims. Chambers and Millar (1983) found that the police approached sexual assault complaints with a high degree of scepticism. However, in 1986 following a public outcry after a television fly-on-the-wall documentary of Thames Valley Police routinely interrogating a rape victim, the Home Office issued a circular. This recommended that victims are treated with tact and sensitivity and that medical examinations should take place in a clinical environment soon after the rape, with a female doctor where possible. This led to an improvement in police practices, more sensitive treatment and the establishment of victim examination suites.
As it is widely believed that police practices have vastly improved and as such warrant no further research, only a couple of studies have examined police practices since these reforms. Temkin (1997 & 1999) studied Sussex police practices during 1991-93 and 3 areas of the Metropolitan district during 1993-95. These studies found that although improvements had been made, more were needed. Complaints from victims included being treated with suspicion and disbelief and not being allowed to respond to initial inquiries and return the next day for a statement (in Sussex). In her Metropolitan study, Temkin (1999) found that women were upset at having to give their statement in the police station and not a victim examination suite which were hard to monopolise for that amount of time. Complaints included harsh and persistent questioning - notably those making this complaint had reported an acquaintance rape to male officers 'who had difficulty interpreting what had happened as rape' (Temkin, 1997:516). These officers were found to be sceptical about rape complaints in general. Half of these officers considered that a quarter of rapes reported to the police were false. One CID officer stated that 'there were few cases of genuine rape i.e. 'off the street, didn't know the victim at all 'rapes', which were contrasted with 'we went out for the evening sort of rapes' (Temkin, 1997:516). Several officers had fixed ideas about what made a 'genuine rape victim' - victims who knew their attacker, who reported late and had no injuries were seen as most suspicious. Further, of the 16 officers in the study, only one had received training specifically geared towards an understanding of the adult rape victim.
Many respondents in both studies complained about inadequate follow up contact after their initial investigation and the lack of help, support, information and advice about their case. Some respondents in the Metropolitan Police area study had no contact between their statement and the trial directly contradicting the Metropolitan Police guidelines. Temkin (1999) notes that there is no clear evidence of the chaperone system working well. The chaperones complained about the fact that their work was not highly rated in the force or that they themselves were not updated on case progress. Lack of resources and time also prevented them from providing an adequate service. This could contribute to attrition as women are likely to withdraw if they are not given continuous support. The victims in both studies who were more positive about the police were more likely to have been raped by a stranger, subjected to violence and reported immediately than those with negative responses.
As regards medical examinations, Temkin's (1996) study found that the majority of victims had negative comments about it. Complaints included being examined by a male doctor, an unsympathetic attitude and manner, with comments such as 'are you sure you didn't imagine this' (Temkin, 1996:12). The way the examination was conducted was also criticised and was seen by many as intimidating and like a further sexual assault.
One cannot simply presume that because reforms have been implemented, police practices are now adequate. Guidelines may exist but police must act with discretion which may be affected by their prejudices. As Temkin (1999:38) notes, 'Changing police culture is rather more difficult ... than composing exemplary guidelines'. Although the above studies were not focusing specifically on the attrition rate, many findings are relevant to a study of attrition. For instance, if women are upset by the insensitive questioning of police, or are not contacted or given satisfactory follow up care, they may be more likely to withdraw their cases leading to a rise in attrition. Further, police operating upon stereotypes and myths are more likely, it would seem, to throw out those cases not constituting a 'real rape'. Research also indicates that women reporting acquaintance and intimate rapes are more likely to be treated with suspicion or at the very least, treated differently to stranger rapes. In a local newspaper article Wiltshire Police Sergeant Dick Young stated that the attack 'was without doubt the worst type of rape there is - by a stranger' (The Bath Chronicle, 17.7.98). Police as members of society (and largely men) may be infused with the same attitudes and prejudices as the rest of society. If stranger rape is the worst type of rape, this begs the question, how do intimate or acquaintance rapes score on this hierarchy of gravity?
There has been much concern about the processing of all cases by the CPS, not just rapes and the current government have promised that reforms will be made to improve the system. A Home Office study on the CPS (1994) on terminations for all non motoring offences found that termination rates ranged from 10% to 20%. They noted that the police were often unhappy with the termination of the cases which they felt were strong enough to proceed to court and the CPS often blamed the police for not providing adequate information. As with the police, the CPS act within guidelines although this is not to say that they do not also act with discretion. Again, acquaintance rapes are more likely not to be pursued at this stage in the process as Lees and Gregory (1996) discovered.
Rape is different from other crimes in that the act of sexual intercourse is not illegal in itself, but only becomes so if carried out against the will of women. The issue of consent is therefore of central importance. Defendants can either plea not guilty - which is particularly hard due to forensic evidence that sex has taken place - or they can state that the woman actually consented to sex which is the most frequent scenario. This leads to insensitive and harrowing interrogations in court, often likened to a second rape. The defence exploit myths and trawl through the sexual and medical history of a victim to discredit her character and her evidence that she did not consent. Types of questions can include when she lost her virginity, what type of underwear she wears, how many sexual partners she has had, how many abortions she has had etc. - diverting attention from the real issue. Men accused of rape are not asked similar questions. Although the 1976 Sexual Offences (Amendment) Act intended to prevent questioning about a woman's sexual history without permission from the judge, studies have shown that this Act has been largely ineffective (Adler, 1982).
There is therefore a high acquittal rate at the court stage either because defendants are found not guilty due to the question of consent or because they are found guilty of a lesser offence. The rape trial can affect attrition in other, less direct ways. If the police are aware of the difficulties of gaining convictions, particularly in acquaintance and intimate rapes, they may be more likely to take no further action or 'no crime' a complaint. Again, the CPS may also drop cases for this reason. The harrowing nature of rape trials has been well documented in newspapers, women's magazines and film, this fact in itself may deter women from reporting or lead them to withdraw their complaint at a later stage leading to further attrition.
This chapter has examined literature on rape myths, on the attrition rate and on the individual stages of the Criminal Justice System. In the latter, certain practices were highlighted which could contribute to the attrition rate of rape cases.
Existing literature on rape and the Criminal Justice System has therefore
raised some particularly pertinent questions;
Why has there been an increase in the reports of rape?
Why has this been accompanied by a dramatic drop in convictions?
Why are 'date rapes' more likely to be dropped at each stage in the
proceedings?
What are the affects of reforms in police victim care on the attrition
rate?
How do police practices contribute to the rising attrition rate?
How do CPS practices effect the attrition rate?
What are rape victim's experiences of attrition?
How do the rape myths affect the attrition rate?
How can the attrition rate be decreased in the pre-trail process?
The remainder of this study attempts to answer some of these questions and the theoretical and methodological implications of these points are examined in the following chapter.
This research aimed to find out why so many rape cases are dropped during the pre-trial processes so it was necessary to research the police and the CPS - the two main stages before court, and also women's experiences of attrition in the pre-trial stages. The purpose of the research was not to establish population-wide generalisations so a random, representative sample was not required. After writing to Bath police station an interview was arranged with the Domestic Violence Liaison Officer (who had previously worked for the Police Family & Child Protection Unit in Bristol, dealing with rapes and sexual assaults) and a female CID Officer who worked with sexual assaults and child protection. As regards the CPS, I contacted a friend who works as a barrister who then contacted a colleague who had worked for the CPS for many years before leaving four years ago. The barrister then contacted me by telephone at home. Although I would have preferred to interview a barrister currently working within the CPS, I was very pleased with the information gained from the interview. As the barrister had since left the service, he gave me information that he probably would not have done had he still been working in the CPS. As regards rape victims experiences of the Criminal Justice System, I decided to speak to Women Against Rape, a counselling and campaigning body for survivors of rape, and a Rape Crisis Centre with experience of women who have reported rape to the police and the outcome of their cases. I also used an Internet site called Survive which is a support and counselling site for rape victims. There is a forum that can be accessed on this site where I put a message asking for women who have reported rape to contact me via e-mail so I could find out how far their cases had progressed. I was contacted by four women who were very keen to take part in the study.
My own research used qualitative data. Although the existing studies on the attrition rate have collected quantitative data on how many cases are dropped at each stage in the system and provided an overall pattern of the attrition rate, the studies did not provide many of the victim's interpretations of the phenomenon or the context in which attrition occurs. I was more concerned with the factors affecting the attrition of cases, the context in which decisions are made, the operation of discretion within guidelines and the possibility of discretionary action being influenced by stereotypical beliefs, than with bold numbers. I therefore worked on the quantitative data of previous studies by asking, for example, why it is more likely that acquaintance rapes are dropped. My research was not intended to make generalisations beyond the population of the sample used. I conducted a face to face semi structured interview with the police, a semi-structured telephone interview with a counsellor at a Rape Crisis Centre and an unfocused telephone interview with the barrister. I contacted Women Against Rape by telephone who answered a few questions but also sent me a large quantity of information in the post which is referred to in my findings. All interviews were tape recorded, including the Rape Crisis telephone interview where I used an amplifier hands-free telephone. As the barrister contacted me at home when I was not prepared I had not arranged to use this telephone. I therefore took down the conversation in shorthand and later transcribed it. I conducted semi-structured interviews to enable sufficient flexibility to generate new hypotheses and gain an understanding of respondents points of views and the meanings attributed to them (May, 1996). Semi-structured interviews also enable respondents to answer in their own frame of reference, provide qualitative depth and enable the interviewer to probe or clarify issues (May, 1996). I also found that semi-structured interviews were fairly easy to replicate and could produce comparable information. Copies of some of the interview schedules can be found in the appendix. At the beginning of the interviews, respondents were made aware of the aims of the research and questions were kept to a minimum for ease when transcribing and so as not to try the patience of the respondent. The rape survivors who contacted me via e-mail after putting a message on the Survive web site were happy to be contacted about the dissertation. I wrote back to these women via e-mail and assured them of their anonymity and sent them a list of questions about their experiences of the justice system. Obviously the questions differed for each respondent as some had been raped by a stranger, others by an acquaintance and had seen their case dropped at different stages in the justice process. It would have been interesting to have contacted women who had reported rape in the same area in which I interviewed the police so that I could contrast their experiences with the accounts given by the police. However, accessing such a sample would have been difficult. I would also have preferred to have conducted semi-structured interviews with these women due to the drawbacks of questionnaires such as a lack of qualitative depth, unintended interpretation, the inability to provide information that is not requested, and questionable validity. However, owing to the sensitivity of the subject and the difficulties in gaining contact with women who have been raped, I found the e-mail particularly effective at accessing survivors of rape and gaining valuable information from women where they can discuss their feelings in an anonymous manner. In the findings, the women are referred to by their first names only; Debbie, Lynne, Tiana and Nicky. Copies of the e-mail's are included in the appendix (with e-mail addresses deleted).
I had planned to conduct a semi-structured interview with the barrister, using a schedule as used in the police and Rape Crisis interviews. However, as I was unprepared (being unaware that he was going to contact me at that point), the interview was less focused than the others. I did however, inform him of the aims of my research at the beginning and ensured that certain points were covered. The fact that I did not have a detailed schedule of questions worked to my advantage in that it appeared more of a 'friendly chat' and the respondents digression actually provided some particularly valuable information.
All tape recorded interviews were later transcribed using a transcriber machine. Data was then collated, including transcriptions from the interview with the police, the telephone interviews with the barrister and the Rape Crisis Centre, information sent from Women Against Rape and the e-mail's received from rape survivors. I used coloured pens to highlight certain parts of each transcription which related to the research aims and objectives. This is a type of grounded theory approach (Glaser and Strauss, 1967 in Silverman, 1997) whereby theory is generated from data rather that fitting data into existing theory. It is worth noting again, that the findings can in no way be generalisable but provide a useful insight about decisions made by the police and the CPS and their knock on effects. Finally, all participants had their anonymity and confidentiality respected.
Broadly speaking my research stems from an Institutionalist micro-sociological theory as it seeks to examine the way in which crime is socially constructed in the interactions of the Criminal Justice System. It is influenced by an interpretative model aiming to understand interpretations and meanings created by humans, focusing on people within their social, cultural and work context. In some ways my research was influenced by the labelling approach as I was concerned at why only certain men became labelled as rapists in the Criminal Justice System i.e. usually those who raped a stranger rather than someone they knew. Whether or not someone becomes labelled as a rapist and convicted, is not so much to do with whether or not they raped a woman but whether or not the rape constituted a 'real rape' i.e. conforming to stereotypes. I was also particularly interested in the operation of the Criminal Justice System within the context of gender divisions in society, for example concentrating on female rapes and the stereotypes made about those women who constitute 'real victims'.
The Institutionalist position argues that official statistics are indicators of everyday practices and procedures of the Criminal Justice System's personnel (Jupp, 1989). Therefore methodology will focus on processes and interaction and subjective aspects like social meanings, definitions and stereotypes. Interpretation is very important - how meaning is given to rapes and the ways these meanings are acted upon. I am concerned with decision making and the way laws and organisational practices are interpreted. An Institutionalist approach often focuses on decision making at a number of 'decision gates' within the organisational structure of the CJS (Jupp, 1989). In a similar vein, my research studied junctions within the system where decisions are made about which cases are dropped.
This chapter has broadly outlined the theory influencing the research. Although theory does not determine methodology it cannot be isolated from it, and there are mutual liaisons between types of theory and types of method (Jupp, 1989). The methodology chosen and described in this chapter is therefore influenced by the theory outlined above.
This chapter attempts to bring together all the data, dividing it up into relevant themes. The objectives stemming from the literature review in Chapter One are referred to.
The police and barrister believed that vast improvements in victim care over the past decade have led to an increase in reported rapes. Further, media attention, especially coverage of 'date rape' means that women may be more likely to report these kinds of rape. However, Rape Crisis stated that the vast majority of women who speak to them do not report to the police because they are very aware of the traumatic nature of the whole process - the intrusive examination, statement and court trial. This is supported by existing literature referred to in Chapter One. They also stated that a woman's physical and mental health was far more important than reporting the rape.
Rape Crisis and Women Against Rape noted that the vast majority of victims are raped by someone they know and they are now more likely to report, for the reasons outlined above. Hence as the large majority of reported rapes are by an acquaintance or intimate, the attrition rate has risen as these are the cases which are more likely to be dropped. (The reasons for this are outlined below). Therefore, although women now have more confidence in reporting these types of rape and are usually being dealt with sympathetically by the police, they have little chance of seeing their attacker convicted. As Rape Crisis explained, although the police have changed over the years, the rest of the system hasn't, which means the success rate of rape cases is low and the more cases reported, particularly acquaintance and intimate rapes, the higher the attrition rate. Conversely the barrister believed the reason that the conviction rate at court had decreased was not due to the nature of the court trials but because the CPS were now prosecuting 'bad cases'. He explained that as the political climate had changed, the CPS cannot so easily say they are dropping a case because they don't believe the woman, for fear of backlash.
Although Women Against Rape and Rape Crisis believed that police still 'no crime' many cases (therefore supporting existing research referred to in Chapter One), the police told me that they always follow Home Office guidelines and never 'no crime' a case unless the allegation has been fabricated. I am aware that the police would probably not tell me otherwise in any case. Further, although the detective and police officer interviewed may follow the guidelines, this is not to say that other officers in the force do so. In addition, it may be the case that as Bath has so few reported rapes they have more time and resources to respond to each case reported and are less likely to 'no crime'. It must be noted that I did not have access to any police force statistics indicating the numbers of rapes reported and recorded showing how many were 'no crimed' or dropped due to insufficient evidence which would have been very useful.
The police stated that they rarely took no further action due to insufficient evidence. In most cases they collected all the evidence and then sent it to the CPS for a decision as to whether to proceed. They only dropped cases which were glaringly obvious and where the evidence didn't add up. When asked what constituted insufficient evidence, they stated that a lack of medical evidence was a determining factor. It is therefore easy to see how cases may be dropped due to insufficient evidence as many rape victims are often too traumatised to report their rape straight away, and another natural reaction is a to desire wash (Burgess and Holmstrom, 1974). In both cases, important forensic evidence will be lost.
I do not believe that the police interviewed operate upon stereotypes about the 'real rape' and discriminate against acquaintance rapes as suggested by previous research outlined in Chapter One. The Rape Crisis counsellor did not suspect this either and suggested that the reason so many acquaintance rape cases are dropped at this stage is due to the technical problem of gaining evidence. In these sort of rapes it is usually the woman's say against the man's, and if there is no physical injury or forensic evidence then it is very hard to prove. Furthermore if they have a previous sexual history together the man may tell the police that she consented to sex and it is difficult to prove otherwise. The police said that they were not more likely to drop acquaintance or intimate rapes although evidence was often a problem. They stated that the attrition rate at this stage in the proceedings for intimate and acquaintance rapes was more likely to be due to victim-initiated withdrawals due to pressure from her attacker.
It was noted in Chapter One that it was not only police classification procedures which contribute to the attrition rate, but general police practices and procedures which could lead to women withdrawing. From my interview with the police I have selected some instances in which women may withdraw.
The detective explained that when she received a report of rape she would go to the victim's home and take a few brief notes. She would then outline the whole process warning the complainant about the very long and detailed statement where she would 'virtually have go through it (the rape) again' and 'relive the whole event'. Following this she would explain that she would need to undergo a medical examination, and then wait for some time before a harrowing court trial. The detective stated that it does seem 'as if you are trying to put them off' but 'taking a statement is an extremely lengthy process, I don't want to waste my time ... if by the time I've taken the statement they decide they don't want to go ahead'. The police also tell the victim at this stage that there is no guarantee that her attacker will gain a conviction. Although it is necessary to make the victim aware of the whole process, it would seem that after a woman has just been through the trauma of a rape, the last thing she wants to hear is that she will have to 'relive' it. For the actual detective to say that 'it sounds awful but it really does sound like you are trying to put them off' makes you wonder how a traumatised victim could interpret this. The police emphasised that a victim who wanted to follow the case through had to be very strong due to the nature of the court trial as the defence would pull out all stops to discredit her. The police stated that if it was a 'one off rape - would your really want to put them through it?' It would seem likely then, that women may feel like withdrawing at this stage before making an official statement. This is not to say that the police are unsympathetic, because they did seem concerned about the victim's mental and physical health. However, it almost seemed that they were encouraging women to withdraw or at least sifting out those women who do not appear strong or determined enough to see the process through. Although they did say that once the woman decides to continue with the complaint then they 'fight tooth and nail to get her attacker to court'.
The victim is given a medical examination at the victim examination suite. The police stated that it was very difficult getting forensically trained female doctors and if they did request one there was no guarantee they could get hold of one. The detective stated that they could take the victim to Bristol but due to political differences due to the different health authorities, they were not always willing to take adults, although they were more likely to accept children. Although the police stated that the male police surgeons were 'generally switched on and sympathetic', many victims do not want to be touched by a man let alone intimately so soon after their rape. Furthermore, delays whilst trying to locate a female doctor may lead to unnecessary distress. The medical in itself is traumatic even with a female surgeon. As Debbie explained, 'the medical was one of the hardest things I have ever had to do'. Hence having a male doctor or experiencing delays could make a very difficult procedure even more traumatic for women and perhaps lead to withdrawals at this stage.
The police stated that it can take up to 15 months before a case reaches court. Such a long wait may lead to women withdrawing, particularly if they do not receive adequate follow up care. The detective stated that the police involved in the case tend to support the victim all the way through unless they are called away. She recommended Victim Support as they offered long term support. However, it was noted that Victim Support counsellors are not permitted to go to court with the victim, although there is a Witness Support scheme available. The police noted that it was a very difficult time for the victims who had to live with the pressure of knowing that they would have to stand up in court and not know if they would even see their attacker convicted. Hence it is at this stage that the police had seen women pull out. It would therefore appear that follow up care and frequent contact by the police is very important. Of the women in my study, Debbie did not receive adequate follow up care and was simply given the number of Victim Support - she later withdrew her case. Nicky was given ample feedback about her case at first, however it soon petered out. The Detective Sergeant who was responsible for writing his report kept telling her that he was going to write it 'that week'. He was later called away to supervise a complaint within another force and the report was not submitted to his superior officer until 6 months after the attack. Tiana's case was dropped by the CPS and she was not informed by the police about this. When she asked the police about her case, they told her that they had been trying to contact her for 2 days to inform her that her case was dropped. Tiana states that this was not true as she had been at home and there had been no telephone calls. This evidence supports Temkin's (1996, 1999) findings about the inadequacy of follow up care.
It was noted that the police only receive one module on rape amongst many others on the 12 week police training course. When asked whether they have formal training, the police stated that 'experience cascades' meaning that the older, more senior police tend to pass on their experience to younger recruits. Although I am sure that the police interviewed would be sensitive in dealing with rape victims, this is not to say that they would necessarily be available when a report of rape came in, particularly as most are reported at night. In fact the detective stated that rape complaints usually 'fall on the WPC on duty at that time'. Simply being a female police officer does not seem to me to make someone suitable for dealing with rape victims. Further, as police training courses are taken whilst in work, the WPC on duty may not have even completed her module on rape. The decision to report a rape is of major psychological importance to the rape victim and the manner in which they are treated will have a major impact on the severity of the trauma they may suffer (Burgess & Holmstrom, 1974). Hence the first point of contact is very important and if dealt with inadequately in any way, could lead to the victim withdrawing. Temkin (1999 - see Chapter One) also suggested that police training was inadequate.
It is not my intention to sound totally negative about police practices. However, it is impossible to tell from an interview with the police how rape victims interpret police actions. Of the women whom I questioned who had reported rape to the police, three of the four were unhappy with some aspect of police practices. Debbie was raped by a stranger who broke into her flat. After reporting to the police she withdrew her complaint as she was unhappy with their practices. Firstly, they did not seem particularly sensitive to her needs when questioning her - 'The police constantly harassed me to give them information. They didn't seem bothered about the emotional state I was in.......I could hardly tell them the time of day let alone details of what happened'. When the investigating officers came around to her flat to locate the clothes she was wearing during the attack, they had to pick through clothing in her laundry basket and laughed whilst they were doing this which caused much distress to Debbie. Further, she told the police that her attacker had threatened to come back and kill her if she told the police so she therefore wanted police activity kept to a minimum. Instead, a marked car was put outside her flat all night. In addition, a police officer told a neighbour that 'the girl at number x', had been attacked. Debbie complained to the officer in charge about this and she was told that she was overreacting and that one of his officers would not have told anyone. She stated that 'the police just didn't listen to my wishes' and she also felt that she was being disbelieved as they kept asking whether she was sure of what she said. When she decided to withdraw she stated that 'the police became quite nasty' , making her feel guilty by suggesting he may attack someone else, or stating that they could charge her with wasting police time.
Tiana explained that although she was interviewed initially by two very sympathetic police women, the CID officers were different. She states that one of them was very understanding, however the other was disbelieving; "I had a hard time convincing the CID that what happened actually happened as I described it". Although she did not withdraw at this stage, she considered it, particularly as the nicer CID officer was taken off the case and she felt that the other did not believe her. Existing research has shown that CID officers are often more disbelieving than ordinary police officers dealing with the case, particularly as they are more often older men (Temkin, 1996,1999)
Nicky was also unsatisfied with some aspects of police procedure. Whilst in a state of distress at the police station, her partner was called back to the interview room to speak to the CID Officer. Nicky was traumatised at this stage and wanted to be with her partner and tried to get back into the room. An officer blocked her way and said 'that I was to calm down and that this was his cop shop and if he said I was to wait then I was to wait or else I'd end up in the cells'. Although he did not know the reason why she was there, this incident has deeply affected her; 'those few moments with the officer haunt me incredibly (as much as the rape itself)'. However, Nicky did state that the police dealing with her case were on the whole sympathetic and supportive.
Lynne was extremely satisfied with police practices. One police officer stayed with her at the hospital even though her shift had ended and after the not guilty verdict at court, the police came to her house and helped her complete a Criminal Injuries Compensation Form.
It would seem that police practices vary and one cannot assume that just because reforms have been introduced that police procedures are now satisfactory and do not warrant further research as noted by Temkin (1999) in Chapter One.
From the experiences of the women in the study and from the interview with the police, it would appear that whether reporting a stranger or acquaintance rape makes little difference to police practices. This contrasts with existing literature which found that police on the whole discriminate against these cases. For instance Temkin (1996,1999) found that women reporting late, with no injuries and who knew their attacker were seen as suspicious by police. This research shows that rather than being suspicious, these cases simply present problems of insufficient evidence for police.
It was clear from the statements of rape victims in the study, that police practices are of major psychological importance. Women reporting are extremely traumatised and the police have to be very careful in how they act and what they say, so as not to cause further trauma. It would seem that more than one module in a general police training course is necessary and that police should have an awareness of Rape Trauma Syndrome and how to deal with victims. Women at this point are extremely sensitive and police practices need to reflect this. For example, Nicky did not like to contact the police to find out the progress of her case as 'I was so paranoid and lacking in confidence following the attack'. She also notes that after reporting she was apprehensive 'I was convinced that the police did not believe me although this was never suggested by the police. My apprehension was entirely my own paranoia'.
The information gained form the police officers suggested that acquaintance or intimate rapes were not discriminated against in any way, rather, these cases were less likely to proceed due to insufficient evidence. However, my interview with a former CPS barrister paints a very different picture. The interviewee left the CPS four years ago and now practices as a barrister outside the system so he therefore has experience of both prosecuting and defending alleged rapists. Evidence from the respondent demonstrated that stereotypical images about 'real rapes' and 'real victims' do come into play. This is not to say that the barrister interviewed is typical of all barristers working with the CPS.
The interviewee stated that in his experience the CPS probably drop about 40% of rape cases and this is after 'police filtering'. This is a much higher figure than found by previous researchers. For example Lees and Gregory (1996) found the rate at 16%. This also brings into question the police's claim that they do not filter at their stage but leave decisions on whether or not to proceed to the CPS. He also stated that stranger and 'date rapes' were dealt with very differently. He noted that in stranger rapes the 'CPS would go for it every time', 'leaving no stone unturned' as they are seen as 'universally abhorrent'. He added that such cases were fairly easy to prosecute. However, 'date rape is more tricky'. The accused, according to the barrister, often seem like nice people outside the context of the case with no previous convictions, 'he takes the woman out, she says yes, they engage in kissing and petting' and 'then she hollers rape', adding that 'women are their own worse enemy'.
The barrister stated that rape cases are usually dropped for insufficient evidence or lack of corroboration although 'subjective opinions must always come into play'. Indeed he even went as far to say that 'prejudice must always come into operation'. Women Against Rape support this by stating that the outcome of the case 'depends less on the evidence of what happened and more on the prejudice of those supposed to be defending the women'. The barrister was sceptical about acquaintance rapes; 'you have to be wary about date rapes'. Adding that 'unfortunately rape is an easy allegation to make, especially if you're married, out with the girls, get chatted up at a 'cattle market' and drink one to many Diamond Whites - you know the scenario - she gets into a car with a man, has sex, feels guilty and worried and then shouts rape'. He stated that often it is just one persons say against another persons and 'you wouldn't want to put a man away for years on just one person's say'. When asked how a barrister or lawyer would decide who to believe, he replied that 'it all comes down to credibility' and that 'you instinctively know when someone is lying, you listen to someone and think I don't believe you' and 'you get a feel for these things'. It is worrying that one professional can make this kind of decision on intuition alone, particularly when this man admits 'I am sexist, me!'.
It would also appear that choosing whether or not to proceed with cases can be a good game. For instance, on one occasion the barrister described how he had been approached by a CPS lawyer over a case she wanted to proceed with. He had read the file and come to the conclusion that 'its crap, she was gagging for it'. In this particular case the woman had gone to a dating agency where the proprietor had flirted with her and then raped her at her home later that evening. The barrister was particularly sceptical about this case since she had opened the door 'in nothing but a negligee and a wonder bra' which is 'not how you generally meet someone'. However, the female CPS lawyer was insistent and the barrister generously said that he would 'let it go - but just this once' although she would have to buy him lunch if the case failed. It turned out that the case was a success and the accused was sentenced. When the barrister met the accused he realised that 'he was a shifty bastard' and that the victim was a very good witness. The barrister admitted that he had been wrong and added how sometimes from a male point of view it can look as though a woman was encouraging a man. Women Against Rape note that most CPS lawyers are men who can't envisage what it is like to be raped but can envisage what it is like to be accused of rape. They are more likely to identify with the accused and look at the evidence through his eyes, especially as most rapes are committed by partners, ex-partner and acquaintances - 'ordinary men'.
Apart from placing bets there are other methods on deciding which cases to prosecute. According to the barrister, before being stopped three years ago, committals were a good filtering device as they allowed you to 'have a good look at her'. If the complainant appeared credible then the case could proceed. But what makes her a credible witness? 'Unfortunately you can't help but interpose your own views' - what does this say about a man who admits he is sexist and is derogatory about people in what he refers to as 'Socio-economic Group Z' ?
The barrister also stated that corroboration is an important factor in rape cases. For example if a woman had met a man in a night-club and then later accused him of raping her, witnesses from the club would be needed to verify if 'she had been all over him' or if she had looked upset. This is worrying as just because a woman looks interested, flirts or kisses a man in a night-club does not mean she wants to have sexual intercourse with him. Furthermore, corroboration is often impossible in cases of acquaintance rape especially if they take place in the victim's home. When asked what would happen if there was no one to corroborate the story he stated that it doesn't matter if it is a stranger rape - but it does matter if it is somebody you know. 'You always need corroboration, I don't care if the rules say you don't'.
Some cases are 'lost causes' particularly where the witness is not 'credible'. With one woman, he 'knew she was lying' as she slipped up on her story and was a 'drug abuser, drank too much and a ditch brain'. Hence women not conforming to common notions of femininity may not be believed. 'Mental defectives' are not seen as credible witnesses either. The barrister explained how a woman had been raped at a bus stop but the case was dropped as she had learning disabilities and was therefore not a credible witness. Women Against Rape note how the Code of Practice of the CPS (see appendix 4) has a discriminatory category of 'mental defective' where women who have been psychiatric patients or have a learning disability are seen as incapable of giving or refusing consent to sex. They add that prostitutes are also not seen as credible witnesses. In 1995 they launched a private prosecution on behalf of two prostitutes whose case had been dropped by the CPS. The accused was sentenced to 11 years on the same evidence that the CPS had dismissed as insufficient. According to WAR the more vulnerable the victim, the more likely she is to have some circumstances in her situation for which she can be blamed. In their dossier (see appendix) they have 15 cases which the CPS failed to prosecute and most of these women were vulnerable in some way i.e. disabled, black or immigrant. They note that although the 1994 CPS code dropped the overtly discriminatory guidelines they are still biased and the prosecutor putting the woman's case forward is often unsympathetic, unprepared and careless.
The barrister interviewed has since left the CPS and has defended accused rapists. He stated that date rape charges 'are relatively easy to get off'.
These findings do appear extremely negative and I am certain that not every barrister in the CPS can be this sexist and prejudiced. However he did work in the CPS for many years and processed many cases and as barristers are more likely to be older men they may be more likely to hold prejudiced views even if they do not so openly admit them. On a positive note, the barrister noted that 'the CPS has become too PC (politically correct)' He noted that years ago you would just drop a case because you would 'know there was no mileage in it' although if this was done now, there would be complaints. One could ascertain from this, that more cases are now being pursued.
None of the women who contacted me had seen their case result in conviction. The decision to report a rape is a very hard one and takes a lot of courage, hence women who have reported their rapes and seen their case dropped from the system can be deeply traumatised. Nicky, raped by a stranger in a street, saw her case dropped by the Procurator Fiscal. She stated that 'the experience of reporting the attack and the 15 month wait for a decision from the Procurator Fiscal has changed (my) life and been as traumatic as the attack itself'. She was later diagnosed with depression as a result of her rape and ensuing year long wait. Tiana was raped by an acquaintance in her home and notes that the only thing that kept her going since the rape was the thought that she could stand up in court and tell the world what had happened. Writing the day after the CPS dropped her case, she states that 'I have felt worse this last 24 hours than after it had happened if that is possible .... before I had something to grasp onto, although I knew it was never going to be easy'. As she knew the man who raped her, she is now very scared that he will come back; 'there is nothing to stop this man finding me and doing the same thing again, after all he got away with it once, why not twice?' The fact that when the CPS drop a case the decision is made by 'some nameless solicitor somewhere deciding that there wasn't enough evidence' is particularly distressing. Further, Tiana was upset that the CPS had not informed her that the case was dropped although they did inform her rapist formally by letter. She was also upset that she was not given a reason for why her case was dropped. After 'causing a fuss' she managed to speak to the person who had dropped her case within the CPS. He gave her an 'off the record' explanation; 'It was all to do with my sexuality and the media attention the case would have attracted if it had gone to court, not because of lack of evidence. They thought that it would not be fair on me or my family to be subjected to that'. Again, this decision reflects the fact that certain women who do not conform to common notions of femininity are not given the same legal treatment. Tiana was 'totally and utterly devastated' by her experience of attrition, 'I felt like no one believed me, that I was the guilty one, I just couldn't believe it .... All I know is there is no such thing as justice'.
Lynne saw her case progress as far as court only to fall at this stage. She was raped following a night out with friends by a man in a group of males which they had met during the evening. After waiting 7 months for the court trial he was found not guilty. It was noted in Chapter One that cases involving certain types of women, for example virgins or married women were more likely to result in conviction as they were seen as less likely 'to ask for it'. Although Lynne had actually been a virgin, even this fact was used to discredit her to suggest a 'first time gone wrong scenario' and that she had not been raped but 'simply overreacted to a situation'. As she had been out drinking she had been portrayed as a drunken girl who had gone too far. Lynne was also asked to describe her clothes and the length of her skirt. It was noted in Chapter One that the degree and place of initial contact between the rapist and the complainant and a lack of physical injury affected conviction decisions. The fact that Lynne had met her attacker in a pub, had kissed him and did not have injuries therefore was used against her and affected the verdict. Obviously Lynne was extremely distressed at the not guilty verdict; 'I've always known the system was biased ... but actually witnessing it is terrible'. She noted how unfair it was that the defendant is free to sit there and write notes to his barrister to clear up points or ask questions. She also had to sit outside the court room in the same area as the defendant whilst waiting for the verdict The experience has made her very angry; 'If I could afford a private prosecution then I would take him back to court'. She was not sorry however, that she had reported and gone through the process; 'I would definitely say to someone though - take him to court, as the saying goes mud sticks, he knows what he has done, his family knows, his brother even saw me. What goes around comes around'.
Three out of the four respondents stated that they would have second thoughts about reporting a rape again. Debbie stated that she would not report again, Tiana stated that she would think twice about it and only report if it was a clear cut case with witnesses or if she was harassed by her perpetrator.
Although the police in this study did not appear to operate upon stereotypical beliefs about the 'real rape' or 'real victim', the CPS barristers decisions were effected by the rape myths. His remarks reflected stereotypical beliefs about the type of women who are raped, for example he did not believe the 'drug taking, drinking, ditch brain'. His comments also reflect the myth about the type of man that rapes. For instance, he stated that although on paper he had believed that a defendant had not raped the complainant in question, when he met the man he changed his mind as 'he was a shifty bastard'. He also believed that women fabricated stories about being raped.
It can also be suggested that the types of rapes reported are affected by rape myths as women are very aware of the attitudes surrounding rape. For example, although Lynne eventually reported her rape, she had been apprehensive at first; 'I was wearing a short skirt, had been drinking and had gone into a room with him'. These are words from a graduate in Sociology and Women's Studies, she adds; 'looking back I can't believe I came out with all that'. Although Debbie reported her rape, she had been raped previously by the father of a child which she was baby-sitting. She did not report this rape although she did report the stranger rape as 'It seemed more serious as I didn't know him...if that makes sense'. Tiana did not report until four days after her rape 'because I didn't think people will believe me, especially with the added complications of my sexuality'.
Myths were played upon in Lynne's court trial. Her rapist was found not guilty as she was seen to have encouraged him. The length of her skirt, lack of evidence of physical injury and the fact that she had been out drinking were portrayed in a negative light and used to discredit her.
These rape myths abound in society and as CPS personnel and the police are members of society they are infused with these beliefs. The fact that they operate upon discretion within guidelines leaves room for prejudiced behaviour. Until society comes to terms with the fact that women do not generally make up stories about being raped the attrition rate will continue to rise. It seems bizarre that although 11 out of 12 women don't report rape (WAR) the one who does should be accused of making it up. Considering the distressing nature of the statement, medical examination, long wait and then harrowing court trial, it seems very odd that a women would make up a story and put themselves through this process.
Although this study is a study of the pre-trial process this cannot be isolated and examined without consideration of the trail. The trial effects whether women report i.e. its harrowing nature may deter women from reporting. Further, the trial affects police actions, as they appear to sift out and encourage those who are strong and capable enough of going through with it. The CPS are aware of the low conviction rate at court and will only take forward those cases with a good chance of succeeding. Further as Guilty verdicts are used as a measure of a prosecutor's competence it is not in his/her career interest to pursue cases which are likely to be acquitted. As the nature of court trials affect the amount of attrition in the pre-trial process it would seem sensible to suggest that only by changing the nature of trials can the pre-trial attrition rate be reduced. These recommendations are not suggesting that the rights of the defendant to a fair trail should not be protected, rather that it is just as important for complainants to obtain justice.
Screens or video link should be available where requested.
Facilities should be made available so that the complainant does not have
to sit in the same room as the defendant whilst waiting for the verdict.
All questions about sexual history should be banned and judges discretion
on sexual history evidence should be curtailed.
Arguably, male judges are often old and out of touch with 90s sexuality
- this is illustrated by their frequent inappropriate and sexist comments.
For example, Judge Dean (1990) 'As the gentlemen of the jury will
understand, when a woman says no she doesn't always mean it' (Lees, 1996).
The appointment of more female judges, training in the immediate and long
term effects of rape, rape myths and characteristics of rapists may improve
the situation (Lees, 1996).
More accountability of the judicial system and more open appointment of
judges (Lees, 1996)
Evidence should be given from expert witnesses of the impact of the rape
on the victim (Lees, 1996)
The implementation of an effective complaints procedure for complainants
to seek redress for inappropriate cross examination with powers to strongly
penalise barristers (Lees, 1996)
The problem with rape trails is their focus on consent - victims
credibility is discredited to show that she did consent. For this reason
some countries such as Canada have abolished the offence of rape and have
varying levels of sexual assault. As Adler (1987) notes, so long as rape
is seen as an act of sexuality rather than violence, it will always be
interpreted as pleasurable to both the woman and the man. A modern
communicative model of sexuality implying some positive responses by both
parties is required. The fact that a woman did not say or do anything to
indicate agreement to a sexual act should be enough to show that it took
place without their agreement (Lees, 1996)
The CPS should be made more accountable for its decisions
Complainants should receive a written account of why her case has been
dropped
Complainants should be entitled to legal representation and be permitted
to meet with the prosecution beforehand to prepare her case
The prosecution (and defence) should undergo training in the effects of
rape and rape myths
Women should have the right to appeal against a decision
The CPS should be able to interview the victim themselves so that they
can build up a complete picture of her and hear her story themselves.
It is perhaps easier to be prejudiced or act upon stereotypical beliefs
when making a decision on a case laid down on paper before them
There should be more forensically trained female doctors
All police surgeons should be trained specifically for dealing with
rape victims
Better training for police on treatment of rape victims
Improved follow up care to prevent women from withdrawing
Rape myths abounding in wider society should be addressed and rebutted using TV campaigns and responsible media coverage, rather than reports which trivialise or sensationalise rape. When it is understood that women have a right to say no, what clothes or underwear she wore, whether she struggled, whether she gave a man her phone number or kissed him and so on, should become irrelevant to the issue of whether or not she was raped. Such victim blaming needs to end.
Despite almost double the amount of women reporting rape since 1985, the overall conviction rate has decreased from 24% in 1985 to 10% in 1993. If included in this the cases which have been no crimed, the official conviction rate is 6% (Lees, 1996). Action needs to be taken to reform this unjust system. For every case that is filtered out or for every case withdrawn another rapist goes free. Further, if women know their assailant they may live in fear that he will return. We now have a situation where police have improved victim care but the effects of this are wasted if the CPS are to drop so many cases or cases are to be acquitted at court. Women are encouraged to come forward only to be blamed and stereotyped. Not only are rapists allowed to walk free but women are being left even more traumatised by their experiences and the denial of public acknowledgement of what they have undergone. As seen above, women are often fearful about reporting their rape for fear of disbelief, and seeing their case dropped may lead to feelings of guilt and self blame, increasing psychological damage. As Tiana explained; For many women it is the thought of standing up and having their day in court... letting the world know what really happened that day that validates what happened to them, they need to be believed'.
As this study has illustrated urgent action needs to be taken to reduce the attrition rate and ensure that more than 1 in 10 women see their assailant convicted. The women's responses in this study are a sad indictment of the inadequacies and failings of this sexist Criminal Justice System in which they are denied justice.
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London Rape Crisis Centre (1984) Sexual Violence:The Reality for Women
London: The Women's Press Ltd
London Rape Crisis Centre (1986) Strength In Numbers London:Rape Crisis
Centre
May, T. (1996) Social Research: Issues, Methods and Process (2nd Ed)
Buckingham: Open University Press
Meyers, M. (1997) News Coverage of Violence Against Women
Calafornia:Sage Publications
Ranyard, R., Heberton, B. & Pease, K .(1994) An Analysis of a Guideline Case
as Applied to the Offence of Rape The Howard Journal of Criminal Justice
Vol 33 No. 3 August 1994
Roberts, C.(1989) Women and Rape Hemel Hempstead:Harvester Wheatsheaf
Rhodes, D.& McNeill, S. (Eds) (1985) Women Against Violence Against
Women London:Only Women's Press Ltd
Scraton, P. & Gordon, P. (Eds)(1984) Causes for Concern Middlesex:Penguin
Books Ltd
Shapland, J., Willmore, J. & Duff, P. (1985) Victims in the Criminal Justice
System Aldershot:Gower Publishing Ltd
Silverman, D. (1997) (Ed) Qualitative Research, Theory, Method and Practice
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Vol 37
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Journal of Criminology Vol 31 No. 2 Spring 1991
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Criminal Justice Vol 35 No. 1 February 1996
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I & Bennetto,J.
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Benetto,J.
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Appendix 1 - Examples of Interview Schedules
1) Brief overview of aims of research
2) Explanation of the police process beginning from when the victim
reports the rape. To check:
a) who takes initial report - male or female, Officer or Detective?
b)When is statement taken, where, who is present?
c)Medicals - male or female surgeon? Who else is present?
d)Follow up Care - what preparation for court?
3) Statistics
a)Have reports of rape increased in the area as national figures indicate
a threefold increase over the last decade - reasons?
b)Have you noted an increase in the amount of intimate/acquaintance
rapes as national figures indicate?
c)How many rapes go unreported in your opinion?
d)Do you receive many false reports of rape?
4) Attrition
a)Research notes that approximately a quarter of cases are filtered out
at the police stage (Grace et al, 1992) - why do you think this is?
b) Is the large attrition rate a concern of the police?
c) What proportion of cases are no crimed at Bath? (research shows that
a quarter of cases are no crimed (Home Office Study, 1996) ) What are
the reasons for this?
d) What proportion of cases are dropped due to victim withdrawal?
e)What are the most common reasons for victim withdrawal?
f) What proportion of cases are dropped for lack of physical evidence,
or failure to substantiate allegations?
g)What do you think could be done to discourage women from withdrawing?
h)What happens if a woman has reported a rape late or does not have any
physical injuries?
i) Temkin (1999) found complaints from victims about their treatment by
detectives in the Metropolitan area for harsh, persistent questioning and
disbelieving attitudes - does this still go on in your view?
j)Are all cases referred to the CPS? If not - why not?
k)Does the fact that acquaintance rapes and intimate rapes are less
likely to result in conviction at trail or be accepted by the CPS affect
police practices?
l) It has been suggested that the increase in reported acquaintance and
intimate rapes has led to a decrease in conviction rates - why do you
think this is so?
m)What are the problems in investigating cases of intimate and
acquaintance rapes?
n) Research has shown that factors influencing the attrition rate include
whether the complainant is known to the suspect or has a relationship
with his, the place and degree of consensual contact i.e. in a pub or club
and if there is no sign of physical violence. Have you found this to be the
case in your experience?
o)Do you think that the CJS operate on stereotypical images of 'real
rape' and 'real victims' or is the fact that intimate and acquaintance
rapes are more likely to be filtered out due to problems with evidence?
p)How great a problem is the attrition rate in your opinion and what do
you think could be done to reduce it?
q)What measures do you think could be taken to ensure that the
increase in intimate and acquaintance rapes reported is reflected with
an increased conviction rate?
5) General
a)Do you undertake any publicity e.g. encouraging women to report
rape and ensuring them of a sympathetic police response as in the US?
b)What training on rape and sexual assault do police officers receive?
what training do detectives receive?
c) Do you network with victim support groups such as Rape Crisis
Centres?
d) Do you think that people still tend to have negative perceptions of
police responses to rape victims even though there have been vast
improvements in victim care?
1) Brief overview of aims and focus of research
2) What does the Rape Crisis Centre do?
3) Attrition Rate
a)Why do you think there has been a threefold increase in the numbers
of rapes reported in the last decade?
b)Why do you think there has been an increase in the numbers of
acquaintance and intimate rapes reported (with stranger rapes now only
making up 8% of the total rapes reported)?
c)Why do you think this trend in increased reporting in intimate and
acquaintance rapes has been accompanied with a lowering of the
conviction rate? (from 24% in 1985 to 9% in 1996)
d)Why do you think the attrition rate is so high for all rape cases, and for
intimate and acquaintance rapes in particular?
e) How do you think the police contribute to this attrition rate?
f) How do you think practices in the other stages of the justice system
affect the attrition rate?
g)How great a problem do you consider the high rate of attrition to be?
h)To what extent do you think that the agencies within the criminal
justice system are influenced by the rape myths and how do you think
this affects the attrition rate?
i)In your opinion how could the attrition rate be reduced at the police
stage in proceedings and the rest of the CJS?
j)What are the feelings experienced by women who have seen their
case dropped by the police or CPS or failed at court?
4) Police
a)What are your opinions on the improved victim care of the police?
b)Do you think that more could be done?
c)To what extent do you think that improvements in victim care has led
to an increase in the numbers of women reporting rape?
d)In your opinion how many rapes go unreported?
e) What are the reasons for non reporting?
f)Have the women whom you have encountered had mainly positive or
mainly negative experiences of the police when reporting rape?
g)Do you consider that acquaintance or intimate rapes are treated any
differently to stranger rapes by the police? By the CPS? By the Court?
h) Do you work with the police? If not - why not.
i) What are your opinions on medicals?
j)What are your opinions on police training for rape and sexual assault?
k)Do you think it would be useful for the police to produce publicity
encouraging women to report rape and ensuring them of a sympathetic
response?
l)What are your opinions on police follow up i.e. preparation for court
etc..
m)Do you encourage women to report their rape to the police?
Rebecca Bradley
BSc Sociology
University of Bath
April 1999
Last updated 12th October 1998