Abrams, K. M., & Robinson, G. E. (1998). Stalking: Part II: Victims' problems with the legal system and therapeutic considerations. Canadian Journal of Psychiatry, 43, 477-481.

This paper presents the results from the second of a two-part review on stalking. It focuses the therapeutic tasks for victims and therapists and on victim difficulty with the legal system. Results of an extensive literature search suggest that victims experience a number of emotional consequences from being stalked. Additional stressors result from the legal system's lack of response. The authors state that treatment of victims must be handled in a comprehensive manner, with attention to education and psychotherapy.

Topics: Effects; legal responses; stalking; treatment

Burt, M. R. (1998). Rape myths. In M. E. Odem & J. Clay-Warner (Eds.), Confronting rape and sexual assault: Worlds of women, No. 3 (pp. 129-144). Wilmington, DE: SR Books/Scholarly Resources, Inc.

This chapter outlines four types of rape myths that focus on the victim: nobody was harmed, nothing happened, she wanted or liked it, and she deserved it. Myths about sexuality and rapists are also discussed. It is posited that acceptance of rape myths negate the reality of rape and lead to rape-supportive attitudes, particularly in cases of acquaintance rape. When rape is viewed as "unreal" the victims are subject to blame and disparagement and do not receive needed support. Rejecting the reality of rape makes prosecution harder and recovery more complicated.

Topics: Legal responses; myths/stereotypes

Clay-Warner, J., & Burt, C. H. (2005). Rape reporting after reforms: Have times really changed? Violence Against Women, 11, 150-176.

This article outlines changes in rape reporting behavior in the aftermath of reforms such as those instituted by rape shield statutes and definitional and evidentiary requirements for rape as a crime. Furthermore, the authors review the current literature on rape reform legislation, changes in reporting behaviors, and factors impacting the reporting of rape. In this study, analyses of data collected from the National Violence Against Women (NVAW) Survey demonstrated that, although rapes committed post-1990 are more likely to have been reported than those committed prior to 1974, despite legislative reforms in this domain simple rapes are under-reported in comparison to aggravated rapes.

Topics: Disclosure; legal responses; prevalence

Cooper, A., Golden, G. H., & Kent-Ferraro, J. (2002). Online sexual behaviors in the workplace: How can human resource departments and employee assistance programs respond effectively? Sexual Addiction & Compulsivity, 9, 149-165.

The primary purpose of this article is to educate those in the workforce about the negative impact of sexual behaviors within the workplace. Along with outlining legal and social ramifications of virtual sexuality, the authors also suggest preventative measures that employers can use to inform employees about sexuality in the workplace. The article describes prior research pertaining to the prevalence of online sexual activity at work, as well as varying organizational policies toward sexual compulsive behavior and the legal issues involved. The authors provide recommendations to protect organizations and employees from unnecessary litigation exposure as well as factors that should be considered when an employee is found to be engaging in online sexual activity within the workplace. Furthermore, they outline potential goals that could be incorporated into prevention and awareness programs that, when implemented within an organization, may enhance employee safety, workplace satisfaction, and overall efficiency.

Topics: Harassment; legal responses; media/internet

Finch, E., & Munro, V. E. (2005). Juror stereotypes and blame attribution in rape cases involving intoxicants: The findings of a pilot study. British Jounal of Criminology, 45, 25-38.

This study addresses the issue of drug-assisted rapes by presenting the results of a pilot study involving juror stereotypes and blame attributions. Foremost, the authors outline some of the difficulties in defining drug-assisted rape; particularly, the impact drugs such as Rohypnol and GHB have by inducing amnesiac effects and reducing the possibility of consent. Noteworthy is the very fact that the inability to provide consent lies at the core of what defines rape. However, the authors note also that the issue of consent is without legal specification – whether in its definition or in determining the absence or presence thereof. The pilot study involved two focus groups and a trial simulation whereby four themes influenced the participants’ decision-making process: victim’s responsibility, defendant’s intentions, the parity of the parties’ intoxication, and the victim’s response to intoxication. Participants’ attribution of blame and responsibility were impacted by misperceptions concerning the actual impact of such drugs, belief in rape myths, and consideration of the defendant’s motivation in administering intoxicants.

Topics: Legal responses; myths/stereotypes; vulnerability

Fineran, S. (2002). Sexual harassment between same-sex peers: Intersection of mental health, homophobia, and sexual violence in schools. Social Work, 47, 65-74.

This article defines peer sexual harassment by drawing upon a multi-perspective model that incorporates legal and historical elements. For example, the authors discuss major court decisions that have defined and redefined sexual harassment within both educational and work environment settings as well as across age levels and between same-sex peers. Prior studies indicating the prevalence of sexual harassment are described, followed by a detailed description of the legal evolution and response to sexual harassment within educational and workplace settings. Mental health implications for victims of sexual harassment are discussed. Furthermore, school policy implications are reviewed, including the need to educate students as well as school personnel in identifying sexual harassment. The authors conclude by providing recommendations for mental health practitioners as well as describing factors requiring consideration when counseling students who experience sexual harassment from same-sex peers.

Topics: Adolescent/high school; harassment; legal responses

Konradi, A., & Burger, T. (2000). Having the last word: An examination of rape survivors’ participation in sentencing. Violence Against Women, 6, 351-395.

The authors discuss the relationship between victims rights legislation and concerns about women's experiences with rape prosecution. The study is in interview format and focuses on rape survivors discussing both their participation in the criminal justice proceedings and their emotional investment in prosecution. The authors then identify four motivations survivors may have for writing the court and attending or speaking at sentencing. Finally, the authors explain how rape survivors’ emotional states, prior involvement in court events, and the social support they receive leads them to engage selectively in sentencing activities.

Topics: Legal responses; secondary victimization

Koss, M. P. (2000a). Blame, shame, and community: Justice responses to violence against women. American Psychologist, 55, 1332-1343.

The author reviews justice processing for crimes against women. The data indicate that conviction rates for partner violence and rape by known acquaintances are miniscule; protection orders, mandatory arrest, and diversion programs do not adequately deter rebattering; most losses are not compensated; and the adversarial justice process often retraumatizes the rape victim by exacerbating self-blame. The author reports that in order to better address crimes against women, several nations and tribal communities use communitarian approaches – a type of restorative justice. The offense is framed to include the perpetrator, victim, and community. The process forgoes incarceration to have family, peers, and advocates design perpetrator rehabilitation, victim restoration, and social reintegration of both victim and perpetrator. Evaluations suggest communitarian justice may increase victim satisfaction, raise the social costs of offending, multiply social control and support resources, and open a new avenue to targeted prevention.

Topics: Community attitudes/responses; legal responses

Larcombe, W. (2002). The “ideal” victim v successful rape complainants: Not what you might expect. Feminist Legal Studies, 10, 131-148.

Feminist legal critiques have shown that reports of rape are viewed as unreliable and fail to make convictions if the victim does not portray specific characteristics. The purpose of this article is to examine why most rape complaints do not result in convictions and why a few do. For example, the court recognizes the “real” rape victim as one who is virtuous (morally and sexually), cautious, unprovocative, and consistent. According to feminist theory, cases involving “real” rape victims are more likely to result in conviction. On the other hand, non-normative victims are readily blamed for their rape, as they do not conform to societal and legal expectations of women. These expectations, which include chastity, sensibility, and responsibility, are qualities which allow women to properly engage in rape risk assessment. In discrediting rape complainants, the author suggests that defense attorneys make the trial about the victim’s character and credibility. Common tactics include equating violence and resistance with consensual sex, by referencing soft pornography. Another common tactic is to maneuver around rape-shield laws by subpoenaing and presenting numerous records relevant to the victim’s private life. The goal is to use these to intimidate or humiliate the victim. Despite these tools, the author notes that the cases of some non-normative victims do result in convictions. For, despite their initial non-normative status, many aspects of the “real” rape victim do exist. These aspects, however, are located within the trial process and the courtroom discourse. The successful complainants, therefore, evidence discursive resistance and consistency within the trial process and in the courtroom discourse. These women can navigate through the attacks on their story and credibility, and they can respond quickly and directly to questions before credibility-harming silences can be created. In fact, the rape victim’s perpetual disagreement to the defense’s reconstruction of the story was found to be beneficial to her credibility. In short, the successful rape complainant demonstrates that when she is being attacked (as in a rape) she does not submit but resists. In conclusion, the author advocates that feminists must now challenge not only a criminal justice system that has historically excluded non-normative victims, but a system that presently excludes women who lack the skills and background for discursive resistance.

Topics: Legal responses; myths/stereotypes

Leitenberg, H., & Saltzman, H. (2003). College women who had sexual intercourse when they were underage minors (13–15): Age of their male partners, relation to current adjustment, and statutory rape implications. Sexual Abuse: A Journal of Research & Treatment, 15, 135-147.

Previous research has argued that the majority of children born to teenage girls have adult fathers. These statistics have prompted more rigid enforcement of statutory rape laws aimed at protecting teenage women. However, recent studies more closely examining the age difference between teenage and young adult sexual partners have revealed that they are closer to the same age than previous studies have suggested. The purpose of this research was to investigate age differences between teenage females (who engaged in sexual intercourse as underage minors) and their partners, thereby further elucidating the long-term effects of engaging in sexual intercourse as an underage minor with an older partner. The participants in this study were 1,439 college students who were asked to complete a survey which measured the participants’ sexual intercourse engagement between the ages of 13 and 15, their current psychological adjustment, and current reports of sexual satisfaction. Results revealed that 24% of the participants had reported engaging in consensual sexual intercourse when they were between the ages of 13–15. Most of the participants reported that their partner was between 1 to 4 years older at the time of intercourse. Females who reported having intercourse at the age of 13 experienced more psychological distress than those women who reported having intercourse at the age of 14 or 15 years. Lastly, the age of the partner was not correlated to reports of psychological stress or current sexual satisfaction. The authors conclude by recommending that the legal system should incorporate findings on teenage sexual behavior into the actual enforcement of statutory rape laws. That is to say, bypassing the reality of what many teenagers are actually doing will only cause many young adult males to be registered as sex offenders when they were actually “just somewhat older boyfriends” (p. 145).

Topics: Adolescent/high school; legal responses

Maxwell, C. D., Robinson, A. L. & Post, L. A. (2003a). The impact of race on the adjudication of sexual assault and other violent crimes. Journal of Criminal Justice, 31, 523-538.

Some scholars have proposed that, among violent crimes, sexual assault is handled in a tolerant and biased manner. The purpose of this study was to ascertain the differential adjudication of violent crimes, with particular emphasis on sexual assault as it pertains to race. A subsample of 41,151 cases was selected from the National Pretrial Reporting Program, consisting of adult males charged with murder or attempted murder, sexual assault, robbery, or assault. The authors ran a logistic regression model to test a “leniency hypothesis” that, among violent crimes, sexual assault was given the most leniency, and among racial groups, Whites were given the most leniency. Results revealed limited support for either assertion, finding judicial decisions to be modified by crime category and race. On average, men charged with sexual assault were treated more leniently than those charged with murder but were treated more severely than those charged with assault or robbery. For crimes other than sexual assault, Whites were found to receive more clemency than minorities. The authors contend this finding indicates the devalued status of minorities in general and of female minority victims in particular. The authors conclude that a number of additional factors require consideration (e.g., socioeconomic status, employment, relationship of offender to victim, level of victim cooperation, and victim characteristics) in order to fully understand the adjudication of sexual assault cases as they intersect with race.

Topics: Legal responses; perpetration; racial/ethnic differences

Mair, J.S., Frattaroli, S., & Teret, S.P. (2003). New hope for victims of prison sexual assault. Journal of Law, Medicine, & Ethics, 31, 602-606. [Posted August 2007]

Key Points: The Prison Rape Elimination Act of 2003 established a system to reduce sexual violence against inmates in federal, state, county, and municipal prisons.

Abstract: After a brief overview of prison rape, the authors explain and summarize the main components of the Act. The Act established a Review Panel on Prison Rape at the Department of Justice to conduct hearings on the characteristics of victims, perpetrators, and prisons with low and high incidences of rape. The Act also mandates funding for prevention and prosecution resources and annual trainings of local, state, and federal authorities. It required the Attorney General to publish national standards for addressing rape and other forms of sexual coercion within prisons. Accreditation organizations were required to establish accreditation standards consistent with federal standards in order to receive federal funds. In conclusion, the authors point out that 95% of those incarcerated will be released. Preventing and treating sexual violence among these prisoners will improve their chances for successful reintegration into their families and communities.

Topics: Legal responses; prison rape

McFarlane, J., Willson, P., Lemmey, D., & Malecha, A. (2000). Women filing assault charges on an intimate partner: Criminal justice outcome and future violence experienced. Violence Against Women, 6, 396-408.

The authors interviewed 90 women (aged 19–59 years) with 6-month follow-up. In order to describe the criminal justice outcomes and violence experienced once women file assault charges against an intimate partner, questionnaires were administered at the time of filing charges, as well as at 3- and 6-month post-filing. The questionnaires measured threats of violence, physical assault, stalking, and danger. Results revealed that 48% of the women had insufficient evidence for charges. Of those making charges, 11% dropped charges. Furthermore, 37% of the perpetrators were arrested and 4% of perpetrators remained fugitives. With the exception of danger at 3 months, levels of violence did not differ by charges accepted or perpetrator arrested at 3 and 6 months. The study indicated that for this cohort of 90 women, filing assault charges against an intimate partner was a powerful deterrent to future violence, whether or not the charges were accepted or the offender was arrested.

Topics: Legal responses; stalking

Ruback, R. B., Ménard, K. S., Outlaw, M. C., & Shaffer, J. N. (1999). Normative advice to campus crime victims: Effects of gender, age, and alcohol. Violence and Victims, 14, 381-396.

This article addresses three studies that were designed to examine the impact of normative advice on reporting criminal behavior to the police as a function of crime characteristics, victim characteristics, and subject factors. The first study involved a between-subjects design wherein participants responded to a questionnaire concerning alcohol consumption, type of crime, gender of victim, and gender and age of subject. The second study used the same questionnaire as the first but described the victim as being either 18 or 21 years old. The third study examined whether the results concerning normative advice in the first two studies would be replicated when participants were asked about alternative options to calling the police, given the criminal situations addressed in the original questionnaire. Results from the three studies reveal that severity of the crime, gender of victim, and age of victim form the basis of most individuals' decisions to notify the police. In addition, the authors made the following conclusions: (1) notifying the police was considered most appropriate when the victim was a female or an older person and when the crime was more serious, (2) the relationship between the victim and the offender affects the type of advice victims will receive from others, (3) reporting was considered inappropriate when the victim was underage and had been drinking prior to the crime, (4) females viewed notifying the police more favorably than did males, (5) most subjects consider it more appropriate for females to report a crime than for males, and (6) younger subjects were less likely to advise reporting a crime than were older subjects. The article concludes by suggesting that the perceived stigma associated with reporting a crime involving underage alcohol consumption by the victim may be a significant factor contributing to the underreporting of serious crimes on college campuses.

Topics: Alcohol; disclosure; legal responses; myths/stereotypes

Sommers, M. S., Schafer, J., Zink, T., Hutson, L., & Hillard, P. (2001). Injury patterns in women resulting from sexual assault. Trauma Violence & Abuse, 2, 240-258.

The purpose of this article is to review current research on the techniques used in forensic examination of genital and nongenital sexual assault victims. Three techniques are currently used during examination: direct visualization, staining, and colposcopy. Physical injury is found to be reported differently depending on the method used by investigators. Because colposcopy allows examiners to identify injuries at the microscopic level, women who were assessed through this technique appeared to have more injuries than those examined through staining and direct visualization. Authors conclude that examinations following sexual assault should encompass a total physical examination so the severity, location, and injury patterns can be used by examiners and prosecutors.

Topics: Legal responses

Tjaden, P., & Thoennes, N. (2000a). Extent, nature, and consequences of intimate partner violence: Findings from the National Violence Against Women Survey (NCJ 181867). Washington, DC: U.S. Department of Justice, National Institute of Justice.

This report presents findings from the National Violence Against Women (NVAW) Survey on the extent, nature, and consequences of intimate partner violence in the United States. The survey compares victimization rates among 16,000 women and men, specific racial groups, Hispanics and non-Hispanics, and same-sex and opposite-sex cohabitants. It also examines risk factors associated with intimate partner violence, the rate of injury among rape and physical assault victims, injured victims' use of medical services, and victims' involvement with the justice system. (*ADHS funded agencies can request a copy of this report by contacting the RPEP office. The report can also be obtained directly from publications section of the National Institute of Justice website: http://www.ojp.usdoj.gov/nij/.)

Topics: Legal responses; male rape; racial/ethnic differences; risk

Updated 08/01/07