Reporting rape: Victim perspectives on advocacy support in the criminal justice process

Abstract

Concerns about the criminal justice response to rape have prompted the development of victim 1 advocacy services across a range of jurisdictions, yet research evidence about the nature, meaning and value of advocacy remains limited. This paper draws upon a study evaluating an innovative advocacy model introduced in Scotland to assist reporting rape to the police. Findings from interviews with nine victims highlight the importance of advocacy that is independent of statutory and criminal justice agencies. However, it is argued that this does not mitigate the need for specialisation or reform in the criminal justice response to rape and, further, that the distinction between advocacy at an individual and societal level represents a false dichotomy.

Responding to hate crime: Escalating problems, continued failings

“…These barriers to reporting are recognized by some frontline practitioners, as acknowledged within each of these studies. Nor are they by any means unique to hate crime reporting (see, for instance, Brooks and Burman (2017), Radford and Stanko (1996) and Walklate (2007) for a wider discussion of under-reporting in the context of rape, domestic and sexual violence). However, and when considered in the context of escalating levels of hate incidents, they are illustrative of the challenges facing many victims from different groups and communities who continue to suffer experiences of targeted violence, hostility and repeat harassment in silence.…”

Doing the “Right Thing”? Understanding Why Rape Victim-Survivors Report to the Police

“…Hence, in the current climate, victim-survivor aspirations are unlikely to ever likely to be realized. While Taylor and Norma (2012, p. 45) conceptualize reporting as a self-sacrificing "symbolic protest," whereby women are not "ignorant of the misogynistic tendencies of the Australian justice system or deluded as to the likelihood their reporting is going to produce any good effect," this is arguably an optimistic framing within the context of the current study, whereby some victim-survivors were profoundly disappointed and disillusioned by the response to, and the outcome of, their report (see also Brooks-Hay & Burman, 2017;Brooks-Hay et al, 2018). Furthermore, victim-survivors' desire to have their experiences acknowledged and validated is likely to be undermined by an adversarial system that encourages the accused to refuse to admit guilt or harm (McGlynn, 2011).…”

“…Reality wasn't that for me I'm afraid" (Kerry). Kerry's "reality," and her sense of the disparity between this and her prior belief that criminal justice personnel such as the police can help you when needed, is likely to resonate with the experience of numerous other complainers given the well-documented difficulties for victim-survivors in engaging with the criminal justice system (Brooks-Hay & Burman, 2017;Kelly et al, 2005) and persistently low conviction rates for rape (Daly & Bouhours, 2010;Hohl & Stanko, 2015).…”

“…Nonetheless, there has been an exponential increase in rape reporting rates in Scotland and elsewhere since the 1980s, which is thought to be indicative of victimsurvivors moving from a position of powerlessness and silence (Ullman, 2010) to becoming more willing and able to report as the result of a raft of law, policy, and practice reform Temkin & Krahé, 2008). Indeed, the police in many jurisdictions have introduced improvements to their response to rape, including enhanced training, specialist policing roles and teams (McMillan, 2015;Westmarland, Aznarez, Brown, & Kirkham, 2012), collaboration with specialist NGOs (Brooks-Hay & Burman, 2017;Brooks-Hay, Burman, Bradley, & Kyle, 2018), and third-party reporting mechanisms. However, existing analysis of why rape reporting has increased stops short of asking why any victim-survivor may report in the first instance or, crucially, what their expectations of the ensuing process are.…”

Conscience and convenience: American victim work in organizational context

“…This paradox in allegiance underscores concerns about unintended effects of the professionalization and 'institutionalization' of human services with their incorporation into the criminal justice system, documented elsewhere in regard to victim advocacy (McDermott and Garofalo, 2004;Moylan, 2017), probation (Globokar and Toro, 2017;Rothman, 1980Rothman, /2002, and restorative justice mediation (Christie, 2009). A deeper shift in organizational culture and the enhancement of public trust might facilitate meaningful service to victims by those employed within the justice system (Bibas, 2012;Erez et al, 2014), but regardless, conflicting organizational priorities are likely to persist, underscoring the importance of independent advocacy organizations (see also, Brooks and Burman, 2017).…”