A gap or a chasm? - National Police Library Online Catalogue

A gap or a chasm? Attrition in reported rape cases
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The ‘cultural conceptions’ of rape re f e rred to here are often described as ‘myths’, since they
do not reflect the reality of rape. We prefer to discuss powerful stereotypes that function to
limit the definition of what counts as ‘real rape’, in terms of the contexts and re l a t i o n s h i p s
within which sex without consent takes place. As a number of re s e a rchers and legal scholars
have pointed out (see, for example, Estrich, 1987; Myhill and Allen, 2002; Du Mont. et al,
2000), despite extensive legal re f o rm, ‘real rapes’ continue to be understood as those
committed by strangers, involving weapons and documented injury. The failure of criminal
justice systems to address these stereotypes means that the processes involved in re s p o n d i n g
to re p o rted rapes – from early investigation through to court room advocacy – can serve to
re i n f o rce, rather than challenge, narrow understandings of the crime of rape, who it happens
to and who perpetrates it. The attrition process itself reflects, and re p roduces, these patterns.
Attrition presents problems other than low conviction rates. It both originates in and
leads to the perpetuation of myths and differential treatment of rape cases as
compared to all other crimes. (Caringella-MacDonald, 1985, p66)
The comment made in March 2002 by Crown Court Recorder Jonathan Davies (D a i l y
Telegraph, 12th March), that women 2 are being encouraged to make complaints of ‘date
rape’ that have little chance of conviction, poses the question of whether we face not so
much a ‘justice gap’ 3 but a chasm between the experiences and expectations of
complainants and how the justice system actually responds.
Structure of report
In the next chapter an outline is given of the aims of the research, the methodology and
data upon which this re p o rt is based. Chapter 3 then presents a brief overview of the
c u rrent knowledge-base on rape and attrition, with re f e rence to UK and intern a t i o n a l
research. In this chapter, the authors also present new data exploring trends and patterns
over time, drawing on the St Mary’s Sexual Assault Referral Centre database. Chapter 4
examines the research findings on rape and attrition, the authors present selected findings
that offer the most purchase on expanding understanding of the processes involved. Chapter
5 concludes with reflections on the challenges and dilemmas arising from the findings and
makes a short series of recommendations.
2. Throughout this report the authors refer to complainants as women, since the vast majority of those reporting
rape are female. Although, where relevant they report any different patterns for male victims/survivors.
3. Defined specifically as ‘the difference between the number of crimes which are recorded and the number which
result in their perpetrator being brought to justice’ (Home Office, 2002a).