FORENSIC & APPLIED COGNITIVE PSYCHOLOGY SEXUAL OFFENDING - RAPE

1. FORENSIC & APPLIED COGNITIVE PSYCHOLOGYSEXUAL OFFENDING - RAPE Dr Ann Henry Tues 5th November 2013

2. Last Lecture • Theories of crime

3. Lecture overview • Sexual Offending (part 1) – Rapists

4. Definitions of Rape • Howitt (2009) defines rape as: • Unwanted penetration of the vagina, anus or mouth of another person. • This means that women who abuse children or adults are covered by the most recent Sexual Offences Act (2003) • Statutory rape is penile penetration of any child below the age of consent to sexual intercourse • Issue of ‘consent’ has been controversial

5. Legal Aspects • Sexual Offences Act (2003) includes a legal definition of ‘consent’ • Active consent of the parties, free from factors that might mitigate against the freely given choice such as threats of violence, drugs, alcohol or being asleep. • No longer sufficient for someone to ‘assume’ that consent had been given. • New approach is based on presumption that consent had ‘NOT’ been given.

6. Frequency of Rape • Difficult to assess frequency of rape as much under reporting (dark figure of unreported crime • Estimated between 75-95% of rapes are not reported to the police (Her Majesty’s Inspector of Constabulary, 2007)

7. Frequency of rape • Occupational police culture that treats with suspicion allegations of rape (Reiner, 2000) • Controversy over how many allegations of rape are false (between 1%-50% in various studies (Rumney, 2006)

8. Frequency of rape • Hence, the frequency of rape cannot be assessed with certainty. • British Crime Surveys – random surveys of households which attempts to assess the rate of crime, including those not reported to the police. • 4 women in a 1,000 described incidents that could be classified as rape in previous year

9. British Crime Surveys • 49 women in 1,000 claimed to have been raped since age of 16 years. • 9 women in 1,000 claimed to have suffered some form of sexual assault victimisation in the previous year • 97 women in 1,000 had suffered some form of sexual assault since the age of 16

10. British crime survey • Victims of rape usually know the rapist • 45% of rapists were the women’s current partner • 16% were acquaintances • 11% were ex-partners • 11% were dates • 10% were other intimates • Women raped by a stranger more likely to report it to the police (36% agreed in survey, whereas only 8% reported rape by known man) • Howitt (2012)

11. Home Office (2010)

12. AN OVERVIEW OF SEXUAL OFFENDING IN ENGLAND AND WALES (2013) MINISTRY OF JUSTICE, HOME OFFICE & THE OFFICE FOR NATIONAL STATISTICS ALSO AVAILABLE ON THE MINISTRY OF JUSTICE, HOME OFFICE AND OFFICE FOR NATIONAL STATISTICS WEBSITES AT WWW.JUSTICE.GOV.UKWWW.HOMEOFFICE.GOV.UK/RDS/INDEX.HTMWWW.ONS.GOV.UK

13. Home Office (2013)

14. Estimated Numbers of Victims (2013)

17. Sex offenders as specialists/ generalists? • General Theory of Crime (Gottfredson & Hirschi, 1990) • Argues that offending is a manifestation of a broader & more pervasive antisocial character which involves not just crime, but other similar behaviours. • E.g. employment instability, absenteeism from work, alcohol & drug abuse, cigarettes, irresponsible driving, marital instability, truancy & unprotected sex.

18. Specialist sex offenders • Harris, Mazerolle & Knight (2009) • Argues that sex offenders largely specialise in sexual crimes & do not engage in other types of activity. • They argue that there is an ‘implicit’ assumption that those who commit sex offences are not the same as non-sexual offenders.

19. generalist or specialist sex offenders? • Leclerc, Cale & Proulx (2007) • Argue that sex offenders include both ‘generalists’ and ‘specialists’ • Case for generalists is compelling e.g. previous histories of non-sexual offending is common amongst sex offenders • When they reoffend, it’s likely to be for a non-sexual offence.

20. generalist or specialist sex offenders? • Harris et al (2009) found that – • There is a group of generalist (versatile) sex offenders – more likely to show signs of ‘psychopathy’ • There is a group of ‘specialist’ sex offenders who are likely to show emotional congruence with children, preference of male victims, victims known to them & sexual preoccupation.

21. generalist or specialist sex offenders? • Harris et al (2009) • Rapists are ‘generalist’ offenders • Child molesters are ‘specialist’ offenders • Study based on sample of 572 sex offenders in Massachusetts between 1959- 1984. • Considered a ‘specialist’ if the majority of their crimes are of a particular type. • Within their sample, they found that ‘specialist’ rapists were rare, but specialist child molesters were more common.

22. Victim category cross-over • Cross-over is the extent to which a sex offender offends against victims in a variety of categories. E.g. adult women, girl children, boy children. • The more the cross-over, the harder to explain the sexual offending in terms of different patterns of conditioning or social learning. • Also harder to predict future sexual offending.

23. Victim category cross-over • Cann, Friednship & Gozna (2007) • Looked at cross-over of sexual offenders in terms of victim age, gender & relationship to offender • Sample – 1,345 adult male sex offenders who had offended against multiple victims & sentenced to min of 4 years. • Found 25% of offenders showed cross-over on a min of 1 dimension • Cross-over offenders higher risk of re-offending according to Static-99 (risk assessment)

24. YouNG Sex offenders • Childhood abuse commoner in sex offenders • Rape often associated with anger • Worling (1995) adolescent sex offender. • Those who offended against women rather than peers had experienced more physical &/or sexual abuse as children. • Those sexually abused by men as children, lead to abuse against younger children • Victims of female sexual abuse tended to become offenders against peers and older women.

25. Young Sex Offenders • Haapasalo & Kankkonen (1997) • Self-reported experiences of childhood abuse in men whose victims were over 18 years • Compared with violent offenders with no record of abuse. • Matched on number of family problems, being in care, parental divorce, parents who were substance abusers etc.

26. Young sex offenders • Haapasalo & Kankkonen (1997) • Found that sex offenders • claimed to have experienced more psychological (verbal) abuse e.g. yelling, threatening, ridiculing etc. • Experience of psychological rejection & isolation was more common • Parents more openly hostile & negative towards them as children • Tended to be ignored, siblings favoured • Were locked up in closed environments • Mother/ father belittled them, did shameful things to them • Didn’t want them near them etc.

27. Patterns in rape • Different characteristics in rape behaviour • Australian study have explored what happens during the rape (e.g. type of penetration (vaginal, oral, anal), language used in assaults (e.g. caring, abusive, angry, revenge). McCabe & Wauchope (2005)

28. Patterns in rape • Canter et al (2003) • British study explored the verbatim transcripts made by rape victims & classified the rape characteristics as: • Control- about a tenth of rapes (victim bound or gagged or blindfolded, weapon used etc) • Theft – about a twentieth of rapes (goods demanded & stolen from the victim) • Involvement – about a third of rapes (victim complimented about her appearance & kissed & implies that he knows the victim) • Hostility – about a quarter of rapes ( victims clothing removed in violent manner, victim threatened, attempted anal penetration, victim demeaned or verbally insulted) • Some rapes showed mixed patterns

29. Types of rapists • Groth, Burgess & Holmstrom (1977) • Power-assurance rapist • Power-assertive rapist • Anger-retaliatory rapist • Anger-excitement rapist

30. Power assurance rapists • Howitt (1991a) argues that sexual deprivation is not an essential component of rape • Power-assurance rapist is the most common type • Rape deals with insecurities about masculinity • Rape only provides short term reassurance about masculinity, so needs to rape again • Force is not great & threats may be involved, but weapon not used • Rape is planned – prior surveillance of victim • If victim is passive enough, sexual fantasies might be expressed during rape • Trophy items of clothing might be taken for future masturbation

31. Power assertive rapists • Howitt (1991a) • Offender is usually sexually confident • Rape expresses his virility & sexuality & power over women • Victims may be found in social locations e.g. discos, pubs or parties • Initially his manner might be friendly, but changes very quickly • Violence is extreme, especially in later stages • Offences may be scattered & irregular in terms of frequency

32. ANGER-RETALIATORY RAPIST • Howitt (1991a) • High levels of anger towards women • Involves short intense attacks (blitz) • Often a similarity between the victim & the woman he has the grudge against • Attacks may be fairly regular as a consequence of the build-up of anger

33. Anger-excitement rapist • Howitt (1991a) • Least common type • Rapist gains pleasure & sexual excitement from the distress of the victim • Infliction of pain is common & high levels of violence. Victim may be killed & torture is common • Careful, methodical planning • Will bring blindfold, gags & ropes to the rape • Victims are usually total strangers to offender • Photographs & video recordings might be taken • Attacks are usually irregular

34. Rape Myths • Burt (1980) work on cultural myths concerning rape • She develop the ‘Rape Myth Acceptance Scale’ • Based on victim-blaming & notions that women deserve to be or want to be raped • E.g. “if a girl engages in necking or petting & she lets things get out of hand, it’s her own fault if her partner forces sex on her” • “ if a girl gets drunk at a party & has sex with a man she’s just met there, she’s fair game for other males at the party who want to have sex with her” • “ a woman who is stuck up & thinks she is too good to talk to guys on the street, deserves to be taught a lesson”

35. Socio-cultural factors • Hall & Barongan (1997) • Explored rape statistics in 50 states in the USA • Cultural spillover – measured in terms of ‘Legitimate Violence Index e.g. acceptance of corporal punishment in schools • Gender inequality – economic, legal & political status of women e.g. proportion of the state’s senate that were women, average income of employed men & women • Social disorganisation- stability of population e.g. divorce, lone parent families & religiosity.

36. Sexual fantasy & sexual offending • Conflicting evidence of the role played by sexual fantasies & sexual offending. • Williams et al (2009) found that rates of sexual fantasies in offender & non-offender populations were similar (using university students) • Maniglio (2010) did a systematic review of 7 studies involving 171 sexual murderers. Concluded that sexual fantasies might lead to sexual murder when the offender had a traumatic early life experiences and/or more extreme social/ sexual dysfunctions.

37. THEORIES OF RAPE • FEMINIST THEORY • Ellis (1989) argues that rape is built into the gender structure of society • Rape is likely to be associated with disparities in social status & power • Rape motivated primarily by desire for power & dominance, rather than desire for sex • Rapists hold more rape-prone attitudes to women than non-rapists – but not supported by recent research.

38. Theories of rape • Social learning theory • That rapists learn to be rapists • Ellis argues that pornography is key factor in this theory • Rapists hold more favourable attitudes to rape & violence than other men

39. Theories of rape • Evolutionary theory • Adaptive transmission of one’s genetic material to the next generation • Forced copulations should impregnate victims • Rape victims primarily of reproductive age • Victim should vigorously resist rapist • Rapist should be less likely than other males to attract voluntary sex partners

40. Useful references • Harris, D.A. Pedneault, A. & Knight, R.A. (2012). An exploration of burglary in the criminal histories of sex offenders referred for civil commitment, Psychology, Crime & Law, pp. 1-17. • Howitt, D. (2009). Introduction to Forensic & Criminal Psychology, 3rd edition, Harlow, Pearson Education Ltd. • Norton, R. & Grant, T. (2008). Rape Myth in true & false rape allegations. Psychology, Crime & Law, vol.14 (4), pp 275-285. • Philip N.S. Rumney (2006).False allegations of rape. The Cambridge Law Journal, 65, pp 128-158. doi:10.1017/S0008197306007069.

41. Useful references (CONT) • Strickland, S.M (2008). Female Sex Offenders: Exploring Issues of Personality, Trauma and Cognitive Distortions, J Interpers Violence, 23; pp. 474-489. • Swart, M.D., De Keseredy, W.S., Tait, D. & Alvi, S. (2006). Male peer support & a feminist routine activities theory: understanding sexual assault on the college campus, Justice Quarterly, vol. 18 (3), 623-649.

42. USEFUL WEBLINKS • A gap of a chasm? Attrition in reported rape cases – Home Office Research Study 293, February 2005 • http://webarchive.nationalarchives.gov.uk/20110218135832/rds.homeoffice.gov.uk/rds/pdfs05/hors293.pdf • 70 • The Stern Review: A report by Baroness Vivien Stern CBE of an independent review into how rape complaints are handled by public authorities in England and Wales –Home Office, 2010 • http://webarchive.nationalarchives.gov.uk/20110608160754/http:/www.equalities.gov.uk/PDF/Stern_Review_acc_FINAL.pdf • Providing anonymity to those accused of rape: an assessment of evidence – Ministry of Justice Research Series 20/10, November 2010 • www.justice.gov.uk/publications/research-and-analysis/moj/2010/anonymity-rape-assessment-evidence • 71