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FORENSIC & APPLIED COGNITIVE PSYCHOLOGY

SEXUAL OFFENDING RAPE

Dr Ann Henry
Tues 5th
November
2013

LAST LECTURE

Theories of crime

LECTURE OVERVIEW

Sexual Offending (part 1) Rapists

DEFINITIONS OF RAPE
Howitt (2009) defines rape as:
Unwanted penetration of the vagina, anus or
mouth of another person.
This means that women who abuse children or
adults are covered by the most recent Sexual
Offences Act (2003)
Statutory rape is penile penetration of any child
below the age of consent to sexual intercourse
Issue of consent has been controversial

LEGAL ASPECTS
Sexual Offences Act (2003) includes a
legal definition of consent
Active consent of the parties, free from
factors that might mitigate against the
freely given choice such as threats of
violence, drugs, alcohol or being asleep.
No longer sufficient for someone to
assume that consent had been given.
New approach is based on presumption that
consent had NOT been given.

FREQUENCY OF RAPE
Difficult to assess frequency of rape
as much under reporting (dark figure
of unreported crime
Estimated between 75-95% of rapes
are not reported to the police (Her
Majestys Inspector of
Constabulary, 2007)

FREQUENCY OF RAPE
Occupational police culture that treats
with suspicion allegations of rape
(Reiner, 2000)
Controversy over how many
allegations of rape are false (between
1%-50% in various studies (Rumney,
2006)

FREQUENCY OF RAPE
Hence, the frequency of rape cannot
be assessed with certainty.
British Crime Surveys random
surveys of households which attempts
to assess the rate of crime, including
those not reported to the police.
4 women in a 1,000 described
incidents that could be classified as
rape in previous year

BRITISH CRIME SURVEYS

49 women in 1,000 claimed to have been


raped since age of 16 years.
9 women in 1,000 claimed to have suffered
some form of sexual assault victimisation in
the previous year
97 women in 1,000 had suffered some form
of sexual assault since the age of 16

BRITISH CRIME SURVEY


Victims of rape usually know the rapist
45% of rapists were the womens current
partner
16% were acquaintances
11% were ex-partners
11% were dates
10% were other intimates
Women raped by a stranger more likely to
report it to the police (36% agreed in survey,
whereas only 8% reported rape by known man)
Howitt (2012)

HOME OFFICE (2010)

AN OVERVIEW OF SEXUAL
OFFENDING IN ENGLAND AND
WALES (2013)
MINISTRY OF JUSTICE, HOME OFFICE &
THE OFFICE FOR NATIONAL STATISTICS
ALSO AVAILABLE ON THE MINISTRY OF
JUSTICE, HOME OFFICE AND OFFICE
FOR NATIONAL STATISTICS WEBSITES
AT
WWW.JUSTICE.GOV.UK
WWW.HOMEOFFICE.GOV.UK/RDS/INDEX
.HTM

HOME OFFICE (2013)


Table 2.1 - Prevalence of being a victim of a sexual offence in the last 12 months among
adults aged 16 to 59, average of 2009/10, 2010/11 and 2011/12 CSEW
Persons aged 16 to 59
Percentage
who were
victims once
or more

England and Wales


Offence

Males

Females

All

0.4

2.5

1.5

Most serious sexual offences (including attempts)


Rape (including attempts)
Assault by penetration (including attempts)

0.1
0.1
0.0

0.5
0.4
0.2

0.3
0.2
0.1

Most serious sexual offences (excluding


attempts)
Rape (excluding attempts)
Assault by penetration (excluding attempts)

0.1
0.0
0.0

0.4
0.3
0.1

0.2
0.2
0.1

Other sexual offences

0.4

2.3

1.3

Any sexual offence (including attempts)(1)

Unweighted base(2)

20,692

24,203

44,895

(1) Subcategory figures will not add up to the figures above them because respondents may
have been victims of separate incidents of different types of sexual offence.
(2) The bases given are for any sexual offence, the bases for the other measures presented
will be similar.

ESTIMATED NUMBERS OF VICTIMS


(2013)
Table 2.2 - Estimated numbers of victims of sexual offences in the last 12 months among adults aged 16 to 59, average of
2009/10, 2010/11 and 2011/12 CSEW
Persons aged 16 to 59
Numbe
r of
victims
per
year
(thousa
nds) (1)

England and Wales


Estimate

Males
Range(2)

72

54 - 90

404

366 - 442

473

430 - 517

Most serious sexual offences (including


attempts)
Rape (including attempts)
Assault by penetration (including attempts)

12
9
4

5 - 19
3 - 15
0- 8

85
69
31

68 - 103
54 - 85
20 - 41

97
78
34

77 - 116
60 - 95
23 - 46

Most serious sexual offences (excluding


attempts)
Rape (excluding attempts)
Assault by penetration (excluding attempts)

9
6
4

3 15
1 - 11
0- 8

62
52
21

47 77
39 - 66
12 - 30

70
58
25

54 87
43 - 73
15 - 34

68

51 - 85

369

333 - 406

436

395 - 477

Offence
Any sexual offence (including attempts)(1)

Other sexual offences


Unweighted base(3)

20,692

Females
Estimate
Range(2)

24,203

All
Estimate

Range(2)

44,895

(1) Subcategory figures will not add up to the figures above them because respondents may have been victims of separate incidents of
different types of sexual offence.
(2) The ranges presented in this table have been calculated using a 95 per cent confidence
interval.

SEX OFFENDERS AS SPECIALISTS/


GENERALISTS?
General Theory of Crime (Gottfredson &
Hirschi, 1990)
Argues that offending is a manifestation of a
broader & more pervasive antisocial character
which involves not just crime, but other similar
behaviours.
E.g. employment instability, absenteeism from
work, alcohol & drug abuse, cigarettes,
irresponsible driving, marital instability, truancy
& unprotected sex.

SPECIALIST SEX OFFENDERS


Harris, Mazerolle & Knight (2009)
Argues that sex offenders largely specialise
in sexual crimes & do not engage in other
types of activity.
They argue that there is an implicit
assumption that those who commit sex
offences are not the same as non-sexual
offenders.

GENERALIST OR SPECIALIST SEX


OFFENDERS?
Leclerc, Cale & Proulx (2007)
Argue that sex offenders include both
generalists and specialists
Case for generalists is compelling e.g.
previous histories of non-sexual offending is
common amongst sex offenders
When they reoffend, its likely to be for a
non-sexual offence.

GENERALIST OR SPECIALIST SEX


OFFENDERS?
Harris et al (2009) found that
There is a group of generalist (versatile) sex
offenders more likely to show signs of
psychopathy
There is a group of specialist sex offenders
who are likely to show emotional
congruence with children, preference of
male victims, victims known to them &
sexual preoccupation.

GENERALIST OR SPECIALIST SEX


OFFENDERS?
Harris et al (2009)
Rapists are generalist offenders
Child molesters are specialist offenders
Study based on sample of 572 sex offenders in
Massachusetts between 1959- 1984.
Considered a specialist if the majority of their
crimes are of a particular type.
Within their sample, they found that specialist
rapists were rare, but specialist child molesters
were more common.

VICTIM CATEGORY CROSS-OVER


Cross-over is the extent to which a sex
offender offends against victims in a variety
of categories. E.g. adult women, girl children,
boy children.
The more the cross-over, the harder to
explain the sexual offending in terms of
different patterns of conditioning or social
learning.
Also harder to predict future sexual
offending.

VICTIM CATEGORY CROSS-OVER


Cann, Friednship & Gozna (2007)
Looked at cross-over of sexual offenders in terms
of victim age, gender & relationship to offender
Sample 1,345 adult male sex offenders who
had offended against multiple victims &
sentenced to min of 4 years.
Found 25% of offenders showed cross-over on a
min of 1 dimension
Cross-over offenders higher risk of re-offending
according to Static-99 (risk assessment)

YOUNG SEX OFFENDERS


Childhood abuse commoner in sex offenders
Rape often associated with anger
Worling (1995) adolescent sex offender.
Those who offended against women rather than
peers had experienced more physical &/or sexual
abuse as children.
Those sexually abused by men as children, lead
to abuse against younger children
Victims of female sexual abuse tended to
become offenders against peers and older
women.

YOUNG SEX OFFENDERS


Haapasalo & Kankkonen (1997)
Self-reported experiences of childhood
abuse in men whose victims were over 18
years
Compared with violent offenders with no
record of abuse.
Matched on number of family problems,
being in care, parental divorce, parents who
were substance abusers etc.

YOUNG SEX OFFENDERS


Haapasalo & Kankkonen (1997)
Found that sex offenders
claimed to have experienced more psychological
(verbal) abuse e.g. yelling, threatening, ridiculing etc.
Experience of psychological rejection & isolation was
more common
Parents more openly hostile & negative towards them as
children
Tended to be ignored, siblings favoured
Were locked up in closed environments
Mother/ father belittled them, did shameful things to
them
Didnt want them near them etc.

PATTERNS IN RAPE
Different characteristics in rape behaviour
Australian study have explored what
happens during the rape (e.g. type of
penetration (vaginal, oral, anal), language
used in assaults (e.g. caring, abusive,
angry, revenge). McCabe & Wauchope
(2005)

PATTERNS IN RAPE
Canter et al (2003)
British study explored the verbatim transcripts made by rape
victims & classified the rape characteristics as:
Control- about a tenth of rapes (victim bound or gagged or
blindfolded, weapon used etc)
Theft about a twentieth of rapes (goods demanded & stolen
from the victim)
Involvement about a third of rapes (victim complimented
about her appearance & kissed & implies that he knows the
victim)
Hostility about a quarter of rapes ( victims clothing removed
in violent manner, victim threatened, attempted anal
penetration, victim demeaned or verbally insulted)
Some rapes showed mixed patterns

TYPES OF RAPISTS
Groth, Burgess & Holmstrom (1977)
Power-assurance rapist
Power-assertive rapist
Anger-retaliatory rapist
Anger-excitement rapist

POWER ASSURANCE RAPISTS


Howitt (1991a) argues that sexual deprivation is not an
essential component of rape
Power-assurance rapist is the most common type
Rape deals with insecurities about masculinity
Rape only provides short term reassurance about masculinity,
so needs to rape again
Force is not great & threats may be involved, but weapon not
used
Rape is planned prior surveillance of victim
If victim is passive enough, sexual fantasies might be
expressed during rape
Trophy items of clothing might be taken for future
masturbation

POWER ASSERTIVE RAPISTS


Howitt (1991a)
Offender is usually sexually confident
Rape expresses his virility & sexuality & power over women
Victims may be found in social locations e.g. discos, pubs or
parties
Initially his manner might be friendly, but changes very quickly
Violence is extreme, especially in later stages
Offences may be scattered & irregular in terms of frequency

ANGER-RETALIATORY RAPIST
Howitt (1991a)
High levels of anger towards women
Involves short intense attacks (blitz)
Often a similarity between the victim & the woman he has the
grudge against
Attacks may be fairly regular as a consequence of the buildup of anger

ANGER-EXCITEMENT RAPIST
Howitt (1991a)
Least common type
Rapist gains pleasure & sexual excitement from the distress
of the victim
Infliction of pain is common & high levels of violence. Victim
may be killed & torture is common
Careful, methodical planning
Will bring blindfold, gags & ropes to the rape
Victims are usually total strangers to offender
Photographs & video recordings might be taken
Attacks are usually irregular

RAPE MYTHS
Burt (1980) work on cultural myths concerning rape
She develop the Rape Myth Acceptance Scale
Based on victim-blaming & notions that women deserve to
be or want to be raped
E.g. if a girl engages in necking or petting & she lets things
get out of hand, its her own fault if her partner forces sex on
her
if a girl gets drunk at a party & has sex with a man shes
just met there, shes fair game for other males at the party
who want to have sex with her
a woman who is stuck up & thinks she is too good to talk to
guys on the street, deserves to be taught a lesson

SOCIO-CULTURAL FACTORS
Hall & Barongan (1997)
Explored rape statistics in 50 states in the USA
Cultural spillover measured in terms of Legitimate Violence
Index e.g. acceptance of corporal punishment in schools
Gender inequality economic, legal & political status of
women e.g. proportion of the states senate that were
women, average income of employed men & women
Social disorganisation- stability of population e.g. divorce,
lone parent families & religiosity.

SEXUAL FANTASY & SEXUAL


OFFENDING
Conflicting evidence of the role played by sexual fantasies &
sexual offending.
Williams et al (2009) found that rates of sexual fantasies in
offender & non-offender populations were similar (using
university students)
Maniglio (2010) did a systematic review of 7 studies involving
171 sexual murderers. Concluded that sexual fantasies might
lead to sexual murder when the offender had a traumatic
early life experiences and/or more extreme social/ sexual
dysfunctions.

THEORIES OF RAPE
FEMINIST THEORY
Ellis (1989) argues that rape is built into the gender
structure of society
Rape is likely to be associated with disparities in
social status & power
Rape motivated primarily by desire for power &
dominance, rather than desire for sex
Rapists hold more rape-prone attitudes to women
than non-rapists but not supported by recent
research.

THEORIES OF RAPE
Social learning theory
That rapists learn to be rapists
Ellis argues that pornography is key factor
in this theory
Rapists hold more favourable attitudes to
rape & violence than other men

THEORIES OF RAPE
Evolutionary theory
Adaptive transmission of ones genetic
material to the next generation
Forced copulations should impregnate
victims
Rape victims primarily of reproductive age
Victim should vigorously resist rapist
Rapist should be less likely than other
males to attract voluntary sex partners

USEFUL REFERENCES

Harris, D.A. Pedneault, A. & Knight, R.A. (2012). An exploration


of burglary in the criminal histories of sex offenders referred
for civil commitment, Psychology, Crime & Law, pp. 1-17.
Howitt, D. (2009). Introduction to Forensic & Criminal
Psychology, 3rd edition, Harlow, Pearson Education Ltd.
Norton, R. & Grant, T. (2008). Rape Myth in true & false rape
allegations. Psychology, Crime & Law, vol.14 (4), pp 275-285.
Philip N.S. Rumney (2006).False allegations of rape. The
Cambridge Law Journal, 65, pp 128-158.
doi:10.1017/S0008197306007069.

USEFUL REFERENCES (CONT)

Strickland, S.M (2008). Female Sex Offenders: Exploring


Issues of Personality, Trauma and Cognitive Distortions, J
Interpers Violence, 23; pp. 474-489.
Swart, M.D., De Keseredy, W.S., Tait, D. & Alvi, S. (2006). Male
peer support & a feminist routine activities theory:
understanding sexual assault on the college campus, Justice
Quarterly, vol. 18 (3), 623-649.

USEFUL WEBLINKS
A gap of a chasm? Attrition in reported rape cases Home Office
Research Study 293, February 2005
http://webarchive.nationalarchives.gov.uk/20110218135832/rds.
homeoffice.gov.uk/rds/pdfs05/hors293.pdf
70
The Stern Review: A report by Baroness Vivien Stern CBE of an
independent review into how rape complaints are handled by
public authorities in England and Wales Home Office, 2010
http://webarchive.nationalarchives.gov.uk/20110608160754/http:
/www.equalities.gov.uk/PDF/Stern_Review_acc_FINAL.pdf
Providing anonymity to those accused of rape: an assessment of
evidence Ministry of Justice Research Series 20/10, November
2010
www.justice.gov.uk/publications/research-andanalysis/moj/2010/anonymity-rape-assessment-evidence
71

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