Full Fact

How rape myths and unconscious biases prejudice the judicial system against women -- and rape survivors in particular

Retrieved on: 
Tuesday, September 26, 2023

The US charity, the Rape, Abuse and Incest National Network, has shown that one in six women in the US has been the victim of rape or attempted rape, yet two in three rapes go unreported.

Key Points: 
  • The US charity, the Rape, Abuse and Incest National Network, has shown that one in six women in the US has been the victim of rape or attempted rape, yet two in three rapes go unreported.
  • The Victims’ Commissioner for England and Wales notes that, in the year to December 2021, the police recorded 67,125 rape offences.
  • And yet the charity Rape Crisis says five in six women who are raped don’t report it.

Why victims of sexual assault do not trust the judicial system

    • A poll by Savanta ComRes in February 2023 found that 26% of women said that they had “no trust in the police at all”.
    • In court, sexual assault cases are defined by legal precedents, in which gender stereotypes and rape myths have been found to play a significant role.
    • They are also based on a lack of understanding around psychological reactions to assault and rape, where some people freeze due to fear.

How rape myths are used to undermine women’s credibility in court

    • Even though the circumstances and definitions of false allegations vary, the report found that only 3%-4% of all rapes reported could be potential false allegations.
    • Rape myths have also arisen due to the inconsistency in survivor accounts.
    • Emotions – or the lack of what are perceived to be the appropriate emotions – are used to undermine women’s testimonies.
    • Proper training in rape myths has been shown to have the power to change attitudes towards rape, and towards women survivors.