The Complexities of Labelling Sexual Assault and Rape

The way society labels sexual assault and rape reflects a dynamic interplay of cultural norms, societal attitudes and individual perceptions. These factors significantly impact victims' willingness to label and report their experiences. Sexual assault is the sexual contact occurring between individuals without legal consent, and rape is sexual assault, including penetration, however minimal (Sachs & Chapman, 2020). If rape is not labelled as such by the victim, then no legal justice can be found, and addressing the perpetrator’s actions may be hindered (Grubb & Turner, 2012). How an incident is perceived and labelled by a victim has been associated with the prevalence of unacknowledged rape victims, this is due to many different factors, including ‘rape myths’, which shift blame onto victims and cause an unwillingness to label themselves as raped or sexually assaulted (Peterson & Muehlenhard, 2004). The World Health Organisation (WHO) estimates that 1 in 3 women globally are subject to sexual violence, and the number of unacknowledged victims is unknown (WHO, 2024). This article explores social attitudes and perceptions of how rape is labelled and reported. Understanding the reason why rape goes unreported and unlabelled and why cases don’t result in convictions is essential in understanding the response of the legal and criminal justice to both perpetrators and victims involved in crime (Grubb & Turner, 2012).

Social Attitudes and Perceptions

The Impact of Rape Myths in the Labelling and Perception of Rape

Rape myths illustrate how culturally ingrained beliefs shape both victim’s and society’s perception of experience and how it is labelled (Peterson & Muehlenhard, 2004). Research has shown how such myths are used to discourage victims from labelling experiences as rape; these victims are called unacknowledged victims. Those who don’t count their rape as ‘real’ due to rape myths held by society which they internalised (Kahn et al., 2003). For example, victims who were intoxicated while being raped did not label the experience as rape due to their feeling as though the situation could have been avoided or misinterpretation by the perpetrator (Kahn et al., 2003). These false beliefs may contribute to the rationalisation of sexual violence. Women who do not label their rape or consider it rape have a more tolerant view towards sexual harassment and acceptance of rape myths (LeMaire et al., 2016). These women tend to downplay assault and question severity to avoid seeking support and having experiences not believed or not qualify as sexual violence (Anderson & Overby, 2020a). This reduced the likelihood of reporting and justice. Rape myths may vary slightly from culture to culture, but they follow a consistent pattern of blame on the victims of rape (Grubb & Turner, 2012). For example, a survey of women in the USA showed that victim behaviour and self-perception influenced understanding of sexual assault, it revealed some women denied categorising experience as sexual assault despite the survey indicating otherwise (Canan et al., 2022). This shows the complexity of labelling and reporting sexual assault. Rape myths lead to the view that rape was just a ‘bad experience’ or the rapist just ‘went too far’ instead of rape, these myths about the perpetrator lead victims denying rape experience and not reporting it (LeMaire et al., 2016). Rape myths tend to lead to justifications of male sexual aggression on women and lead to denial of male violence on women and minimise sentencing (Grubb & Turner, 2012).

The Impact of Social Perception on Legal Action and Response to Rape

For a victim to pursue a legal course of action against a perpetrator, the victim must first acknowledge the rape and believe their experience (LeMaire et al., 2016). Rape myths also play a part in this response to legal action and societal perception (Dinos et al., 2015). A study of police officers in the U.S. found rape myths frequently mentioned in reports made by police officers, 59% of comments were made about rape myths compared to the comments made about evidence which occurred 56% of the time. This suggests legal concerns were as important as rape myths in decision-making by police in rape cases and the decision to prosecute (George et al., 2022). Further evidence and sources support this; research has shown that individuals who hold these stereotypical attitudes toward rape victims are more likely to find the perpetrator ‘not guilty’ in the jury-making decision (Dinos et al., 2015). Leading to fewer convictions due to these rape myths held by some members of society (Dinos et al., 2015). There is overwhelming evidence of rape myths affecting the way jurors evaluate evidence, this is both quantitative and qualitative (Leverick, 2020).

Victim-Blaming and Stigmatisation in Labelling and Reporting Rape

Stigmatisation occurs universally, a systematic review of 37 countries reported that stigmatisation occurs among those who are sexually exploited by communities and that stigmatising attitudes are prevalent on a global scale (Buller et al., 2020). In some societies which are more sexually conservative, they have a more stigmatised view of sexual assault victims (Deitz et al., 2015). Conservative views suggest that rape cannot occur between dating partners as it is considered a normal sexual interaction following the socialisation of sex roles into males and females (Littleton, 2001). These ideas of sex-linked gender roles are significant predictors of rape myth acceptance and responsibility of blame for rape. This is supported by previous research (Grubb & Turner, 2012). Those with traditional attitudes to gender roles are, therefore, harsher on victims, with more blame and stigmatisation occurring and tend to be less harsh towards rapists (Acock & Ireland, 1983).

Victim blaming occurs when societal attitudes and biases place responsibility on survivors rather than perpetrators. Studies show that victim blaming occurs across various cultures and crime types, with sexual assault survivors receiving more stigmatising reactions. (Reich et al., 2021). Victims may experience stigmatisation in the face of sexual violence, which can affect their ability to recover as well as report and label their experience as rape. The stigma held by our culture, society, and self, affects psychosocial outcomes like social esteem, life satisfaction and how individuals respond to stigmatisation (Deitz et al., 2015). Victim-blaming and stigmatisation impact support-seeking and reporting of rape. Shame and fear of not being believed were primary reasons for not seeking support from work after sexual violence (Anderson & Overby, 2020a).

The Role of Social Support and Group Dynamics in Labelling and Reporting Rape

Positive and Negative Social Responses

The role of positive support is essential in shaping victims’ reactions and responses to sexual assault. Positive social support alleviates fear of stigmatisation, and therefore, victims are more likely to report rape and feel less guilt and shame (Sylaska & Edwards, 2013). Supportive reactions to rape victims are found to be positively related to self-appraisal and a victim-positive sense of self-worth following trauma (Littleton, 2010, Filipas & Ullman, 2001). Evidence supports that peers are the most reliable source of social support in helping victims (Schönbucher et al., 2014). The negative reactions a victim may receive are detrimental, and families can often react in an unsupportive manner to victims, especially if they are young (Schönbucher et al., 2014). Three hundred twenty-three victims of sexual assault found that both positive and negative reactions were common(Filipas & Ullman, 2001). Victims seeking to disclose to formal support more commonly experience negative reactions like victim blaming, stigmatised responses and controlling reactions (Filipas & Ullman, 2001). The impact of rape myths from police and family may discourage victims, who often expect authority figures to provide protection, not ask harmful questions such as “What were you wearing?” or “Were you drinking?”. These questions lead to the legitimacy of rape being doubted, potentially affecting the victim’s well-being (Filipas & Ullman, 2001). Disclosure to friends is the most positive reaction and, therefore, the most positive effect on the victim. A study on the #WhyIDidntReport Twitter movement showed a third of all hashtags were coded as expecting a negative reaction which was a primary reason for not reporting rape. Specific reference was made to family members or friends having a negative reaction which prevents them from formally reporting the rape (Reich, Anderson, et al., 2021).

Collective Advocacy: Empowerment and the Role of Social Movements in Rape Reporting

Movements like the #MeToo movement provide a platform for victims to share their experiences, fostering a sense of empowerment over the situation, providing meaning and importance of continuing the movement and increasing awareness (Strauss Swanson & Szymanski, 2020). In a recent study, victims reflected on the positive impact of the #MeToo movement and how a cultural shift of change has occurred, women identified with feeling compelled to be part of current research projects to make things better for others and speak out (Anderson & Overby, 2020). Initiatives like the #MeToo and the #WhyIDidntReport movements show the group cohesiveness these awareness movements bring and the sense of group belonging and social categorisation they instil in victims, helping them speak out (Forsyth, 2021). Systematic reviews of sexual assault survivors suggest that peer-led groups of survivors have a range of benefits for victims in stabilisation and recovery after experience (Konya et al., 2020). The results of the review give evidence to support that collective advocacy benefits survivors in terms of recovery and acknowledging and labelling experience, as well as reporting rape or assault.

Limitations of Research in this Field

Research on rape and sexual assault victims often faces challenges in having a fully representative sample, due to the number of inclusion and exclusion criteria for studies (Konya et al., 2020). Individuals who have experienced sexual assault or rape all have a unique experience and this limits the study’s results, along with studies being small and generally having qualitative designs (Anderson & Overby, 2020a). When analysing research results in these cases, it is important to consider that studies may attract a specific category of participants. Victims who have been deeply affected or traumatised may choose not to participate, potentially leading to an incomplete or skewed representation of rape experiences (Anderson & Overby, 2020a).

Kahn et al. study suggests the idea of an unacknowledged rape victim due to rape myths (Kahn et al., 2003). However, some evidence suggests that this wasn’t due to rape myths but for victims to preserve a view of themselves as someone who is mature and behaves in a way that prevents rape or assault. Victims feel as though by not acknowledging rape, they still possess agency over the situation and are in control. Although, this may be a rape myth that implies being raped means one is immature and out of control (Kahn et al., 2003).

Research has shown rape myths are prevalent globally (Walfield, 2018). However, there is limited research on the effect of rape myths on male and non-binary victims. In the USA a study was carried out and one-third of participants had difficulty believing that a woman could rape a male. This study also concluded that participants believe that a male victim could enjoy the rape committed by a woman and be aroused during the assault (Walfield, 2018). The lack of research may contribute to the misconceptions about male victims’ experiences and responses to rape (Walfield, 2018). Future research needs to focus on the behavioural response to male rape and the process of them labelling and reporting rape.

Future Implications for Research

Research into sexual assault and rape victims helps highlight how widespread the issue is, with one in three women and one in eighteen men being raped (WHO, 2024, Rape Crisis England and Wales, 2023). Research brings light to the significant societal challenges within society and provides ideas for interventions, programmes and improvements that can be made (Anderson & Overby, 2020a; Kahn et al., 2003; LeMaire et al., 2016).

This greater awareness of rape and rape victims has contributed to enhancing laws on rape and the prosecution of perpetrators, as well as considering alternatives to jury in rape and sexual assault cases due to widespread ideas of rape myths, potentially addressing concerns of fairness in trials for victims (Kahn et al., 2003; Leverick, 2020).

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