Prevalence of rape myths is bad news for justice system
Recent years have seen significant developments in social and, consequently, legal and policy responses to sexual violence.
Education and awareness initiatives about consent and the availability of victim support services, coupled with legislative reforms which have improved criminal justice system responses to victim-survivors have contributed to Irish society becoming both more aware of the realities of sexual violence and supportive of victim-survivors.
However, while progress has been made, recent research commissioned by the Dublin Rape Crisis Centre (DRCC) shows that there are still challenges with societal understandings of sexual violence and that further legislative and policy interventions are required to ensure that victim-survivors are encouraged to seek justice in the form of criminal prosecutions.
The survey which was conducted by Ipsos on a nationally representative sample of 1,042 people demonstrated some heartening findings. For example, seven in 10 respondents understood the reality that perpetrators of sexual violence are more likely to be known to the survivor than to be a stranger.
Further, six in 10 respondents stated that they would advise someone who disclosed sexual violence to contact support services like Rape Crisis Centres. While these findings are positive, there are also some more troubling findings which suggest that prejudicial stereotypes or 'rape myths' persist in Irish society.
'Rape myths' and trials
One in five of the survey respondents believed that false allegations of rape are common and one in six said that someone who is raped while under the influence of alcohol or drugs is partly responsible for what occurred.
Quite rightly, DRCC states that these findings indicate the need for further awareness and education initiatives about consent in Ireland. However, the persistence of such attitudes in Irish society must also be addressed within the criminal justice system.
While these attitudes persist in society, they will also manifest in trials, where jurors will ultimately deliberate on guilt or innocence against a backdrop of their own beliefs and attitudes about sexual violence.
While to date there have not been any studies on juror deliberations in Irish rape trials, in other jurisdictions such as England and Wales and Scotland, mock jury research (i.e. research studies which analyse the deliberations of research participants who have observed a mock trial), repeatedly demonstrate that jurors assess evidence not only in accordance with legal rules such as statutory definitions of consent but also against a backdrop of their own (often stereotypical) beliefs of what constitutes a 'real rape' or a 'real victim' of sexual violence.
(Left to right) Rachel Morrogh, Chief Executive of the Dublin Rape Crisis Centre (DRCC) and Charlene Masterson (survivor of sexual violence) at the launch last month of national research by DRCC shedding light on public attitudes towards and personal experiences of sexual violence in Ireland. File picture: Shane O'Neill, Coalesce.
If a juror believes, for example, that false allegations are common or that someone who had consumed alcohol is in some way blameworthy, this will necessarily (and ultimately prejudicially) colour their interpretation of evidence in a trial.
In light of the continuing persistence of stereotypes about sexual violence in Irish society, the legal system must respond and recognise the potential impact on the trial process.
Juror guidance
A legislative definition of consent which was introduced in the Criminal Law (Sexual Offences) Act 2017 goes some way to ensuring that jurors understand the requirements for a legally valid consent to sexual activity. However, the legislative definition in itself is not enough to ensure comprehension and counteract the impact of stereotypes on juror deliberations.
In other jurisdictions, judges are issued with specific guidance on consent and avoiding reliance on stereotypes in their deliberations. Judges can use such guidance to instruct jurors in a straightforward and neutral manner during the trial process.
Research which I conducted with legal professionals and court accompaniment workers who work in Irish rape trials suggested that such guidance would be useful in Irish trials and that judges could issue such instructions either at the outset of the trial or when they are summing up the evidence for jurors before they proceed to their deliberations.
Such guidance would provide a direct response to the stereotypical attitudes about sexual offences which the DRCC research indicates continue to linger in Irish societal consciousness.
Perception of sex offence trials
Key findings from the DRCC research which require a direct response from the criminal justice system are the public perception of the trial process as particularly gruelling in sexual offence cases, victim-survivor fears about being believed and knowledge about the availability of support services.
Eight in 10 respondents identified the fear of not being believed as the primary barrier to accessing support. Over four in 10 indicated a lack of knowledge about available support services.
There is no doubt that the criminal justice process is a very challenging one for victim-survivors of sexual violence.
No matter how well the system operates, they are still required to discuss highly personal and traumatic experiences throughout the investigation and trial process, a process which is entirely alien to most of those who come into contact with it.
However, all victims of crime now have legal rights to information, support and protection throughout their engagement with the criminal justice system. Indeed, these rights apply even where victims do not make a formal complaint and simply wish to access relevant support services.
Susan Leahy: 'The DRCC's research is an important reminder that there is no room for complacency in our society's response to sexual violence.'
It is vital that more is done to make sure that victim-survivors are aware of what they are entitled to and, most importantly, have access to these legal rights as they journey through the criminal justice system.
While sexual offence trials are incredibly difficult for complainants, everything possible should be done to ensure that the potential for secondary victimisation by the process is minimised and that they are encouraged to come forward, safe in the knowledge that they will be believed and supported.
No room for complacency
The DRCC's research is an important reminder that there is no room for complacency in our society's response to sexual violence.
Significantly, it also reminds us that law and policy must be continually attuned to the society within which it operates and respond effectively to make sure that victim-survivors receive the justice they deserve and are supported effectively in their pursuit of it.
Dr Susan Leahy is Associate Professor in the School of Law and Director of the Centre for Crime, Justice and Victim Studies at University of Limerick
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