ENUNCIADO DEL TRABAJO DEL CONTRATO (SOW)

Rape myths regarding complainant’s inappropriate dress or behaviours have led to negative attitudes towards victims (Temkin and Krahe, 2008). They may also include negative attributions towards males who have been victims of sexual assault or rape believing that males cannot be raped (Kelly et al. 2005). This issue of consent can often be misinterpreted when there have been previous ‘flirtatious’ behaviours evident (Kelly et al. 2005; Temkin and Krahe, 2008). Cases that do not represent the common assumptions about rape, such as it is carried out by a stranger in a public place and involves physical restraint may be less likely to result in conviction (Daly and Bouhours, 2010). Arguably, some would argue that there has been long-term change in attitudes towards rape and sexual violation but despite these improvements there are still many reports of less favourable practices (Johnson et al. 2015).

2.5.1 Attitudes to sexual violation within the CJS

As has been evident throughout the criminal justice process, findings also suggest that jury members are also likely to be influenced by their stereotyping of victim and suspect. According to Temkin and Krahe (2008), society is less likely to hold the perpetrator responsible if victim has been perceived to be ‘flirtatious’ or had been consuming alcohol. These attitudes were also evident in cases of drug- assisted rape where jurors still applied these attributions of blame and sexual consent. Although there are new provisions in place regarding the idea of consent, it is not considered to be without contention even now. Lonsway et al. (2009) suggests that prosecutors consider that cases that are not representative of a ‘real rape’ are less likely to lead to successful conviction.

In previous years some reports have highlighted a number of attitudes of judges in relation to sexual assault. Although education and understanding has improved

over the years there could still be some biases when dealing with such cases (cited in J. Hopkins, 1984, p.81).

‘This is a sex case. Experience has shown that women can and do tell lies for

some reason, sometimes for no reason at all’; ‘it is well known that in sex cases women sometimes imagine things’.

Williams (1978, cited in J. Hopkins, 1984, p.83) also speculates on the untrustworthy nature of women in the Textbook of Criminal Law.

There is also the danger of a false allegation being made out of spite, when the man was in fact a lover who jilted the woman, or for obscure psychological

reasons………’

‘That some women enjoy fantasies of being raped is well authenticated, and they may welcome a masterful advance while putting up a token resistance’

(Cited in J. Hopkins, 1984, p.83).

There are also numerous documented cases where police practices and attitudes have been brought to the attention of the public by the media (Kelly et al. 2005). Given the nature of policing there are going to be some behaviours and attitudes that are difficult for the general public to understand (Waddington, 1999a). ‘Cop Culture’ refers to the understanding of police practices and Waddington (1999a) report that often police attitudes and behaviours are incongruent. In work there is the on-going rhetoric of equalities and non-discriminatory practices but more covert institutionalised racism still exists and as Hoyle (1998) argued, there is a need for cop humour to release tensions when off duty.

Reiner (2010) suggests it is the police role that carries with it an element of power, control, authority and danger. These socialising practices are more about developing in-group mentalities and solidarity and as Reiner (2010) suggests, does not always reflect personal attitudes and behaviours towards others. Waddington and Wright (2008) purport it is the structural pressure of the occupation, particularly the relentless exposure to violence that is an integral feature of the police culture that results in these attitudes rather than the deviant nature of individuals.

Despite some inroads some police are still reported to have negative attitudes towards victims. A recent report published by the HM Inspectorate of

Constabulary (2014) suggested that 26% of all sexual offences that had been reported to police were not recorded as crimes (http://www.theguardian.com (2014). Heidensohn and Gelsthorpe (2007, pp. 399-400) suggest that female victims are often viewed by police as either ‘whores or wives’ dependent on their personal characteristics and behaviours at the time of reporting a crime. Although there have been significant improvements in challenging some of these attitudes Temkin and Krahe (2008) suggest there is still need for continued development in dealing with victims of rape and sexual violence. As discussed previously, a number of organisational failures were identified following the Rotherham Abuse Scandals. It has taken some time for a report to be made available but the findings emphasised the collective attitudes of professionals and police while ‘difficult children’ attempted to report issues of on-going abuse. Many of the teenage girls who were let down by the system were seen to be ‘prostitutes with

promiscuous behaviours who were responsible for their actions’ (BBC1 News,

25/02/2016).

Much of the research looking at decision-making by police and prosecutors, the ‘gatekeepers’ to the CJS (Kerstetter 1990) imply that decisions are made dependent on legal factors but are also intrinsically informed by personal characteristics of the victim and the suspect particularly when evidence is ambiguous (Alderden and Ullman, 2012a, 2012b; Spohn and Tellis, 2013).

2.5.2 Addressing inequalities within police organisations

Focusing on inequalities within the workforce, the police recruited more females into the force and introduced female police surgeons to help victims feel less threatened by the intrusive forensic examination. With a victim centred approach to sexual assault and child abuse, police provided a more sensitive attitude to those making a disclosure and reporting to police (Jones et al. 1994). At this time, responses to domestic and sexual violence were still limited although more recently there having been a growing number of initiatives involving the safety and protection of women and children (Johnson et al. 2015).

More recently Gwent Chief Constable Jeff Farrar suggested ‘Increased reporting

of sexual offences shows that victims have greater confidence they will be taken seriously’ (Western Mail, 17/10/2014, p1). The number of complaints recorded for

England and Wales have increased by 29% and this may be influenced by the impact of a number of high profile cases recorded in the media that has facilitated the public’s trust that police will handle rape or sexual offence reports with a sympathetic understanding. Her Majesty’s Inspector of Constabulary (2014) proposed that ‘a presumption that a victim should always be believed should be

institutionalised’. In response, more recently, Sir Bernard Hogan-Howe suggested

‘that police ‘should be neutral’ in sex abuse inquiries’ (the guardian.com 10/02/16). Comments made by Sir Bernard Hogan are the result of recent criticisms regarding the police’s investigatory practices and the suggestion that they over- reacted to a number of allegations made in high profile cases (BBC News, 11/02/16).