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Rape myths 'Sexual assaults are traumatic. Incoherencies in the victims' accounts are inescapable'

It is important to remind ourselves what the research on rape and sexual assault has established, writes Ciaran McCullagh.

IT IS IMPORTANT to remind ourselves what the research on rape and sexual assault has established. This should prevent the myths about rape gaining a renewed purchase in public debate and a dominance in public consciousness.

The most pernicious one is that a high proportion of rape allegations are false. The reality is in marked contrast.

Data from a survey of 28 European countries, including Ireland, showed the overall rate of false allegations is less than 9% of all reports. The common factor in the “false” cases was that complainant had consumed significant amounts of alcohol at the time of the alleged assault.

Consistency and significance

Then there is the issue of consistency. It is not unusual for the testimony of rape victims to be the key evidence in rape trials. Equally it is not unusual for it to be inconsistent. Sexual assaults are traumatic events. As such they damage rather than heighten memory, so incoherencies in the victims’ accounts are inescapable.

This is an issue of some significance. If victim accounts do not conform to what justice personnel regard as “credible evidence” then they may not pursue the cases. And if they do, victims come under intensive cross-examination over the detail of their accounts.

This, they experience, as oppressive, traumatic and unfair, and as an additional layer of victimisation.

Role of alcohol

The other factor that damages victim credibility is the role of alcohol. It is a strikingly noteworthy factor in rape cases in Ireland. The EU research found that vast majority of suspects and complainants in Irish cases had been drinking heavily around the time of the assault.

By contrast in most European countries about a third of complainants had consumed alcohol prior to the assault. In Ireland, over 80% of complainants had. This was the highest in the European study.

The courts are very clear that intoxication is neither an excuse for nor a defence for rape. The problem may well be that the court of public opinion as represented by jurors could have a different view.

However the overall problems in the criminal justice response are those of underreporting and attrition. The non-reporting of victims remains frustratingly high at around 70% of incidents. The decisions of victims to drop the case and the decision of the prosecution service not to pursue them are the other two.

Solutions

But while the problems are clear the solutions are less so. What have been termed “victim centric” measures often raise the expectations of victims of what the court case will produce, thus leaving them unprepared for the realities of the courtroom experience.

In England  and Wales an officially encouraged attempt to increase the number of cases being taken to court seems to have produced an increased rate of “not guilty” verdicts as many of the cases collapse as victims are not believed by the courts. When it doesn’t work out it increases their sense of being revictimised.

In many ways these problems come from the nature of rape as an offence. To some extent it is unique in that the only available evidence is generally the victim’s account and there is an absence of “independent” witnessing as most offences happen in private places such as homes of victims or offenders. Some of these issues can be attenuated through better and enforceable legal definitions of what constitutes consent and through providing better legal protections for victims.

But it does seem for the moment that a “credibility contest” between the complainant and defendant will remain a central part of contested rape trials and so act as a disincentive to the reporting and prosecution of rape as a crime.

Ciaran McCullagh was until recently a Senior Lecturer in Sociology in University College Cork and is currently an Adjunct Professor in the School of Law in the University of Limerick. He is the author of Crime in Ireland, published by Cork University Press in 1996 and is currently working on a new edition.

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    Mute Keith Dunne
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    Jun 8th 2019, 9:52 PM

    Straight outta Carlow.

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    Mute G
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    Jun 8th 2019, 9:04 PM

    Gwan the boyz yup yup

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    Jun 8th 2019, 11:00 PM

    Embarrassing…

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    Mute Daragh Ó Murchú
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    Jun 9th 2019, 12:19 AM

    @TamuMassif2019: cad go díreach a bhfuil náireach fúthu ?

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    Mute TamuMassif2019
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    Jun 9th 2019, 12:57 PM

    @Daragh Ó Murchú: I never put much effort into Irish at school…

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    Mute TamuMassif2019
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    Jun 9th 2019, 1:00 PM

    @Daragh Ó Murchú: Them denying their own culture and trying to act if they belong to another culture and to another race, why making eejits of themselves.

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    Jun 9th 2019, 2:49 PM

    @TamuMassif2019: you haven’t got a clue. I’d say Irish wasn’t the only part of your education you neglected.

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    Mute David Hickey
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    Jun 9th 2019, 5:12 PM

    @TamuMassif2019: Would you say the same of a rock band? Rock music is from the south of the US originally. Should we stop that, and only play trad so?

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    Jun 8th 2019, 9:12 PM

    Lowest common denominator trash for the most brainless in society.

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    Jun 8th 2019, 9:18 PM

    @Disco Pants: ooooooh look at me I use big words to seem smarter than anyone else

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    Jun 8th 2019, 9:18 PM

    @Disco Pants: moron

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    Jun 8th 2019, 9:20 PM

    @Disco Pants: idiot

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    Jun 8th 2019, 9:22 PM

    @Conor Daly: who bees you dog? Gnome sayin

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    Jun 8th 2019, 9:22 PM

    @Disco Pants: i bet you would be great crack on a night out

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    Jun 8th 2019, 9:25 PM

    @Disco Pants: put down what you don’t understand is smart thinking

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    Jun 8th 2019, 9:26 PM

    @T Jay O’Mea: putting

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    Jun 8th 2019, 9:40 PM

    @Disco Pants: bellend

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    Jun 8th 2019, 10:03 PM

    @Disco Pants: Hey mate you havnt got a clue what’s up

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    Jun 8th 2019, 10:07 PM

    @Disco Pants: brainless? Most of these lads are above average intelligence. They have to be to write songs and have the intelligence and confidence to come up with lyrics on the spot

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    Jun 9th 2019, 7:55 AM

    @Disco Pants: thanks for your insight. Lowest common denominator trolling

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    Jun 8th 2019, 9:50 PM

    Anyone else remember Scary Éire?

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    Jun 8th 2019, 10:09 PM

    @Cheeky Bums: Yeah, last I heard he got whacked in Compton, drive by shooting. Rip Scary

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    Jun 8th 2019, 11:51 PM

    @Cheeky Bums: They played the sugar club on Paddy’s weekend, wasn’t there but it was a great gig so I’ve been told.

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    Jun 10th 2019, 10:35 AM

    @Cheeky Bums: Yeah, Saw them live back in the day.. great band.

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    Jun 8th 2019, 9:21 PM

    Mago x mathman have some really good stuff that deserves more air play

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    Jun 8th 2019, 10:40 PM

    Load of me b. O. X s

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    Jun 8th 2019, 10:14 PM

    I said a hip hop …… stall it down the shop ….

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    Jun 9th 2019, 7:39 AM

    “entrenched racism”? How about a fact check on that claim.

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    Jun 8th 2019, 11:54 PM

    It’s quite astonishing that an article about Irish rap has no mention of Scary Eire

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    Jun 8th 2019, 10:46 PM

    Just need to avoid the trap that happens with any Dublin scene where a group of artists get good, then disappear up their own posteriors

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    Jun 8th 2019, 10:28 PM

    Kneecap’s album gets played a lot in our car. Check them out on YouTube/Spotify if you haven’t already.

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    Jun 8th 2019, 10:39 PM

    The comments here are hilarious

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    Jun 8th 2019, 11:43 PM

    Is seems like most Irish hip hop that makes social media graduated out of gonzaga college

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    Jun 8th 2019, 9:53 PM

    Straight outta Carlow

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    Jun 8th 2019, 10:05 PM

    @Keith Dunne: or Straight outta Carlaa

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    Jun 8th 2019, 10:22 PM

    I really don’t the Kneecap boys would call themselves northern Irish and what’s with the ‘his real name is an Irish name’ comment? What’s that supposed to mean? Belfast is cheap compared to Dublin but you would be hard pushed to get a room in a shared house for less than £250 a month. For a flat, you’ll be talking £500 a month unless it’s in the absolute worst areas

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    Jun 9th 2019, 4:30 AM

    @De20: We are taking Irish hip hop and somehow you manage to make it about property prices….shame on you.

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    Jun 9th 2019, 1:43 AM

    Fair play lads all the best no mention of Rob Kelly from Wexford who really blazed a trail for the hip hop community

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    Jun 9th 2019, 2:42 PM

    Rap/ hip hop just never sounds good done by Europeans it just comes across as lame and fake .

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    Jun 9th 2019, 8:27 PM

    diddi diddle dillidy dillidy dillidy dee

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    Jun 8th 2019, 10:05 PM

    These boys are very talented not mainstream which is great….we are sick of PC bullshit we’re know
    what’s going down

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    Jun 8th 2019, 11:03 PM
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    Jun 8th 2019, 10:32 PM

    5th element on youtube. Class lads!

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    Jun 9th 2019, 9:49 AM

    Calling all da scraggy b I tches from accross the land. Jump up on me 1997 Civic and we’ll show those nerds.

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