The (In)credible Words of a Woman

1. The (In)credible Words of a Woman Prof Liz Kelly Child and Woman Abuse Studies Unit London Metropolitan University January 2010 Dublin

2. In a nutshell • Historical reminder • Credibility, myths, stereotypes and realities • False accusations • Credibility in the legal process • The consequences of disbelief – case examples • Directions for change

3. Some historical reference points • Judge Hale 16th century • Rape a capital crime – complaint “easy to be made and hard to be proved, and harder to be defended by the party accused, tho’ never so innocent’’ • Centuries of the ‘wrong’ being to falsely accuse men • Anna Clark, Men’s Violence, Women’s Silencestudy of 1000 cases reported between 1770-1845 • Acquaintance 30%, Strangers 27%, employer, 20%, Courtship 5% • 18th century – women only protected if ‘belonged’ to a respected male (father/husband) • 19th century – only chaste women could be raped, but if they were chaste they could not speak about it • women and girls have always sought redress; strangers never the majority; historical constructions of credible and deserving victims alongside spectre of lying vengeful women

4. Ongoing issues • Nature of rape/nature of women – parallel assumptions that leave women struggling for belief • Judeo-Christian views on women – temptress, responsible for the fall, untrustworthy • Women’s word insufficient – corroboration rule – increased evidential burdens • Women know their word is suspect – challenge of presentation of self in context of disbelief

5. ‘Real’ rape • ... the determining issue in the majority of rape cases is based on socially prevalent myths about sexual assault and stereotypes of female and male sexuality. These myths in effect classify some women as ‘real’ or ‘deserving’ rape victims and others as ‘unrapeable’; some rapes as ‘real’ rapes and others as ‘half won arguments’ with no harm done. (Corbett and Larcombe, 1993, p133)

6. Rape happens at night, outside and involves a weapon Involves injuries Is worse than being killed Rape victims ‘Ask for it’ through their dress/behaviour Are niaive Resist Immediately tell someone/report React in the same distressed way Rapists Are strangers Are deviant Rape Happens most often in the homes of v or p Seldom involves visible injuries Is often routine and ordinary Rape victims Act as if the world and men are safe Are young, may have health issues Say no Think about whether and who to tell React in a multitude of ways Rapists Are mostly known Are acting within the gender order and heteronormativity Stereotypes and realities

7. ‘Weak cases’ or a question of perspective? • Increases in reporting not ‘real rapes’ with credible victims, ‘different’ rapes being prosecuted from 1970s • Presumptions • That most prior to 1980s = strangers: not the case even in 19C • Stranger rapes are violent, involve weapons, therefore strong evidentially: rape by current/ex partners is among the most likely to cause visible injuries; who is a stranger? • Rape by a known man is less damaging:additional impacts due to betrayal of trust • Problem is ‘date rapes’ where only evidence is one persons word against another:very few (except in student samples) take place in context of a date, issue is targeting and failure to adapt investigation and courtroom advocacy to known suspects

8. A culture of scepticism In theory, I would say that somebody who has been raped is going to stick quite rigidly to the account that they give, and that might be an account they give to a uniform police officer and then to us and then perhaps the doctor as well… whereas sometimes those that have made a false allegation, the story may well change and sometimes they might come out and say things that you know couldn’t be possible… or CCTV might disprove it (Female police officer). … I have dealt with hundreds and hundreds of rapes in the last few years, and I can honestly probably count on both hands the ones that I believe are truly genuine (Male police officer).

9. Research findings • Police overestimate false complaints • Half think is more than 40% • Conflation of false, no crimed and retractions • Police officers and prosecutors draw on stereotypes when deciding if a report is credible - reach conclusions before a full investigation has taken place (Stanko and Williams, 2009). • Fearing disbelief and judgement, victims of rape may try to embellish their accounts, or conceal things, in order to make themselves appear more ‘believable’ • [Thus] police scepticism promoted the narration of the very inaccuracies which, in turn, consolidated the police view that women fabricate complaints and make false allegations (Chambers and Millar, 1983, 86-7)

10. Rape according to police officers • Interviews with German offcers (Krahe, 1997) • Typical rape • takes place in public, outside, between strangers, after dark with a psychologically disturbed offender • Credible rape • same as above • Dubious rape • between friends, indoors in the house of the complainant or accused

11. The reality of false complaints • False allegations are complex • Third party reports • Distress and confusion • ‘real’ false complaints are often vague lacking named individual • Range 1-9% across 11 European countries according to police and prosecution data • When the CJS gets is wrong • 150 case files four cases deemed ‘false’, later re-opened and founded (Jan Jordan, 2004)

12. Credibility in court • Parraig and Renner, 1998 Study of 58 rape trials in US • Extensive use of rape myths in content of questions asked of complainants • Lack of torn clothing; absence of injuries; demeanour post assault; prior knowledge of accused; lack of/insufficient resistance; sexual/medical history • Victim-survivors have to enact non-consent convincingly in their evidence if the outcome is a guilty verdict • Polite but not compliant • Cooperative but not submissive • No exaggeration but talk straight • Answer promptly and precisely • Speak without shame

13. Current work on mock jury trials • Large number of ways in which seek to decide is not rape – often extra legal factors • Presence of alcohol compromises complainant • Expect medical evidence to include injuries • Especially vaginal injuries if the victim was said to have ‘frozen’ • Absence of injuries was seen to suggest there had been no rape • Expert evidence on delayed reporting and lack of injury changed deliberations (Munro and Elison, 2009)

14. The consequences of excessive scepticism

15. Malcolm Rewa • Tried in 1998 in New Zealand for assaults on 27 women over 15 years • First report by young woman on edge of gang he leader of – she named him, but his alibi from gang member believed • Subsequent attacks stranger • Only later women treated with respect and care • Once charged ‘Rolls Royce treatment’ for victims • Senior police officer – lesson = believe unless there is evidence to the contrary • Jan Jordan, 2008, Serial Survivors

16. John Worboys • 51 year old licensed Black cab driver • Invited female passengers to share in his gambling win with glass of champagne – spiked • Where women suspicious used violence • Series of reports by young professional women, but not connected despite such a specific MO • Arrested July 2007, but believed his account of consent and alcohol, CCTV of him kissing her • December 2007 another report dismissed as woman admitted to previous drug use • February 2008 finally linked cases when, following an alert SARC staff alerted them to a previous arrest • Boot of car and flat contained his ‘rape kits’ • 71 women came forward as case proceeded • Blogger “men are presumed innocent, women are presumed liars

17. Kirk Reid • Young, good-looking, athletic, popular • Combined stalking and sexual assault – targeting women alone leaving tube/bus, attacked when getting out keys • Link in 2002 of 25 attacks • Catalogue of errors in investigation • Name came up as one of 3 suspects, never interviewed • Car logged 30 times early in morning • No forensic tests on young woman’s clothing “the officers… decided there was no point” • Case transferred to homicide and within 3 days Reid was charged • Also 71 cases linked to • Unprecedented apology by police to victims, including recognition of disbelief leading to poor investigation

18. Case this week • Heard in Manchester • CPS gave no evidence and judge ordered an acquittal • Young woman visiting a man having met on the internet • Her claim she agreed to sex with him, but not the four others who arrived • The ‘evidence’ against her account were MSN messages in which she talks about the possibility of group sex with strangers • Prosecutor “This material does put a wholly different light as far as this case in concerned” • Judge “This case depended on the complainants credibility. Not to put too fine a point a point on it, her credibility was shot to pieces”

19. Enhancing credibility • Must expand understandings of rape, rape victims and rapists’ – happens in everyday routine settings and contexts • Building cases to support the victim’s account and credibility • Previous allegations – as indicating false or a product of attrition? • Alcohol – as risk taking by young women or targeting by predatory men? • Creating believable narratives in court (and more widely) that ask critical questions about male behaviour • The inability to engage with cultural narratives and macho adversarialism explains rape law reform’s failure. These primary mechanisms by which rape jurors determine credibility are unchanged. Consequently, unjustified acquittals mount (Taslitz, 1999, pp154-5).

20. Procedural justice: bringing human rights home • And the respect I was shown! I didn’t respect myself, you see, so for somebody to show you that much respect, and kindness, you start thinking, “I’m not a bad person, I’m not this dirty person, I thought I was, tainted, violated. They’re treating me as normal. Something terrible has happened but they’re treating me normally!” And you get a little bit – you feel confident, and more in control of things (SARC service user)

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