WOMEN ~ VICTIMS OF SEXUAL ASSAULT AND SOCIETYS PREJUDICES

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WOMEN ~ VICTIMS OF SEXUAL ASSAULT AND SOCIETY’S PREJUDICES

‘It is little wonder that rape is one of the least-reported crimes.

Perhaps it is the only crime in which the victim becomes the accused...’

1.        INTRODUCTION

The trauma caused by the victimization of women throughout history has been largely ignored, with many of the ignorant attitudes persisting even today.   This is especially true for crimes of sexual assault against adult women.   They are unique victims of crime because of the almost insurmountable issues they are faced with.   The act of sexual assault violates their physical and psychological being and is truly a gender based crime that can have not only severe long term health and reproductive consequences, but cultural and religious ones as well.   They also have to deal with the prejudices of a male dominated society that to a large extent, still believes the many ignorant myths surrounding the crime of sexual assault.

The past two decades has seen an emergence of greater understanding on the impacts of victim crime, with considerable work being done in the area of victimology.   Changing centuries of prejudice against women is a challenging task with many barriers to overcome, one of the greatest being the criminal justice system.

This essay will explore how victims of sexual assault are treated by society and the common cultural myths surrounding them.   It will then examine the barriers victims face in reporting such crime, their needs and how these needs are being met by the police as a part of the criminal justice system.   It will conclude with suggested changes to police practices in dealing with sexual assault victims.

2.        THE CULTURE AND THE MYTHS

2.1        The Legal Myths.

The law defines sexual assault as:

‘Sexual intercourse with another person without the consent of the other person and who knows that the other person does not consent…’ (Emphasis added)

Non-sexual assaults do not place such emphasis on consent, instead operating on the prima facie premise that the victim does not consent to the assault.   The consequence of this ‘discrepancy’ is for the focus of sexual assault cases to revolve around the victim’s actions, behaviour, reputation, credibility and sexual history.   Such scrutiny and determination by the court is susceptible to undue influence by the common cultural myths associated with sexual assault.   It has been suggested the offence of sexual assault evolved primarily to protect the property interests of males who historically saw women as chattels; this would partly explain the disparity with non-sexual offences.   In 1993, the infamous Justice Bollen comments of ‘no’ means ‘yes’ made in his acquittal of a rape perpetrator, is an example of how badly such perceptions and myths can affect the outcome of a trial.

2.2        The Cultural Myths of Sexual Assault.

Historically, most cultures have developed as male dominated societies in which women were seen as subservient to male needs and demands.   Even in recent times the role of the woman in a marital relationship was seen to be submissive, illustrated by the fact that at common law a husband could not be convicted of sexually assaulting his wife.   The essential presumption of this common law principle still existed (admittedly to a lesser degree) in the various state criminal codes even in recent times before being finally removed as a ‘legal excuse’ for sexual assault.

Despite changes in the law, consistent cultural myths still pervade modern society, the more common ones including:

  • rapists are just normal men pushed to extremes by inadequate wives
  • it is the woman’s duty to submit to their husbands
  • rapists are strangers
  • sexual assault only occurs at night, outside and involves a weapon
  • sexual assaults always results in physical injuries
  • it is only rape if the woman physically resists
  • it’s acceptable to use some force to ‘persuade’ women to have sex
  • most women fantasise about rape
  • women dress and put themselves in situations causing the sexual assault
  • most women are responsible for being raped because they put themselves in vulnerable situations
  • she couldn’t have been raped because she is not hysterical
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All of these and other similar myths, whilst being nonsensical, are still believed by many people in society including the victims themselves.    This creates an environment in which the victims often blame themselves and/or are blamed by others for the attack.

3.        CONSEQUENCES OF MYTHS – BARRIERS TO REPORTING

3.1        Unreported Sexual Assaults

The primary consequence of the myths surrounding sexual assault is the imposition of barriers that deter or prevent victims from reporting the crime and seeking help.   In many cases, victims who do not report the attack/s remain isolated and without the help they need to overcome ...

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