Despite years of legislative reform, women who report rape may still be treated insensitively by the criminal justice system, UQ research has found.
Recent PhD graduate Dr Rachel King conducted in-depth interviews with six rape victims/survivors and 14 police officers; four focus groups with support workers; and surveyed 161 potential jury members.
Her findings revealed that women continue to be subject to the possibility of a negative experience when reporting rape to police.
“It is clear more needs to be done to ensure women who report rape are responded to in a satisfactory and appropriate manner, and that their cases are deliberated in a fair and just method,” Dr King said.
Women who were raped by someone they knew, or who did not attempt to physically fight the perpetrator, were considered less credible by both police and potential jurors, the study found.
Police officers who took part in the study also identified alcohol use and the expression of non-consent as factors likely to help them decide whether the woman had indeed been a rape victim.
“Those women whose cases were not charged by police, and were raped by someone known to them, reported negative experiences, characterised by disbelief and insensitivity,” Dr King said.
“Those women whose cases proceeded to the committal hearing, and were raped by a stranger experienced both negative and positive responses, characterised by some insensitivity and disbelief, but also being made to feel safe and involved.
“Importantly, the participant who was raped by her step-father as a child over an extended period of time, and whose case resulted in a guilty finding, reported an extremely rewarding and positive experience with the police officers who dealt with her complaint.”
Dr King said given the influence police have over whether a case makes it to courts, it was important to ease the process of reporting rape.
“Police officers provide the first opportunity for the criminal justice system to respond to complaints of rape,” she said.
“They are the gatekeepers of the criminal justice system.”
Recommendations offered in Dr King’s thesis included using the term “rape” more commonly and evaluating the content of police education programs.
“I recommend community education move toward using the term 'rape' instead of terms that minimise the harm that rape creates, including 'date rape', 'technical rape', 'domestic violence' and 'incest',” she said.
“Police training and programs need to incorporate a more comprehensive understanding of sexual violence, the effects of trauma from being raped, the politics behind sexual violence and a form of training that educates police officers in how to appropriately respond to and support women who have been raped.
“I also recommend the serious consideration of implementing specialist police officers in all stations in all regions, and specialist rape courts to more sensitively and appropriately respond to women who have been raped.”
Dr King’s thesis was completed through the School of Social Work and Human Services under the supervision of Drs Peter Newcombe and Julie van den Eynde.
Media: Dr King (Rachel.King@uqconnect.edu.au) or Penny Robinson at UQ Communications (07 3365 9723, penny.robinson@uq.edu.au)
