Abstract
This article draws upon quantitative and content analysis of 585 reports of rape recorded within two police force areas in England in 2010 and in 2014 tracking individual incidents to eventual outcome to examine the impact, if any, of intersecting inequalities on trajectories of rape cases reported to police. The data were collected as part of the wider Economic and Social Research Council funded Justice, Inequality and Gender-Based Violence research project which examined victim-survivor experiences and perspectives on justice. Building on existing distinctions between types of rape case based on the relationship between victim-survivor and accused, the results suggest age and gender are significant factors in how sexual violence, and the criminal justice system, is experienced. While younger women and girls were disproportionately affected by certain types of sexual violence case and more likely to come into contact with the criminal justice system compared to men and older women, they were not necessarily more likely to achieve a conviction. The findings also confirm that some of the most vulnerable victims-survivors of sexual violence, especially those with poor mental health, are still not achieving criminal justice. Victims-survivors from Black and minority ethnic group or lesbian, gay, bisexual, transgender, transsexual, queer groups are underrepresented within the criminal justice system, implying these groups are not seeking a criminal justice response in the same way as ‘white’ heterosexual victims-survivors.
Highlights
A number of approaches have made significant contributions to our understanding of rape victim-survivor experiences of the criminal justice system (CJS) including studies that rely upon victim-survivor testimony (e.g. Brooks and Burman, 2016; Campbell, 2006; Rich, 2014; Rumney, 2008) or perspectives of professionals within criminal justice agencies (e.g. Regehr and Alaggia, 2006); those based on court observation (e.g. Durham et al, 2017; Smith and Skinner, 2012) or analysis of rape trial transcripts for evidence admissibility or sentencing outcomes (e.g. Burman et al, 2007) as well as studies that draw upon the interpretation of data derived from criminal justice agencies such as the police and Crown Prosecution Service (CPS) (e.g. Hester and Lilley, 2017; Hohl and Stanko, 2015; Kelly et al, 2005; Lea et al, 2003)
Building on existing distinctions between types of rape case based on the relationship between complainant and accused (Hester and Lilley, 2017), our results suggest the intersection of age and gender is a key factor in understanding how sexual violence, and the CJS, is experienced
Despite recent calls for a policy approach to gender-based violence which is less driven by prosecution (Sharp-Jeffs, 2016) how rape complaints are dealt with within the CJS remains important for victims-survivors who seek this type of justice, and because it sends a powerful signal to wider society (Hohl and Stanko, 2015)
Summary
A number of approaches have made significant contributions to our understanding of rape victim-survivor experiences of the criminal justice system (CJS) including studies that rely upon victim-survivor testimony (e.g. Brooks and Burman, 2016; Campbell, 2006; Rich, 2014; Rumney, 2008) or perspectives of professionals within criminal justice agencies (e.g. Regehr and Alaggia, 2006); those based on court observation (e.g. Durham et al, 2017; Smith and Skinner, 2012) or analysis of rape trial transcripts for evidence admissibility or sentencing outcomes (e.g. Burman et al, 2007) as well as studies that draw upon the interpretation of data derived from criminal justice agencies such as the police and Crown Prosecution Service (CPS) (e.g. Hester and Lilley, 2017; Hohl and Stanko, 2015; Kelly et al, 2005; Lea et al, 2003). The last 20 years have seen, among other things, the introduction of Sexual Assault Investigative Techniques (SAIT) officers, the establishment of specialist police units focused only on sexual offences changes in the guidance given to prosecutors, an increase in the use of special measures and the introduction of Sexual Assault Referral Centres (SARCs) and Independent Sexual Violence Advocates (ISVAs) Such developments, those that have focused on supporting victims-survivors have made significant contributions to the pursuit of justice, for example, the involvement of ISVAs in reducing withdrawal rates The apertures of both justice and implementation provide a bleak context through which to examine the social and legal response to rape and both have featured as rationale for several key initiatives such as the government’s current Ending Violence Against Women and Girls strategy, the Police and Crown Prosecution Service’s joint Rape Action Plan (2014), and the Review into the Investigation and Prosecution of Rape in London (2015)
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