Victim Blaming
Victim blaming can come from many sectors of society.
Along with the rape myths covered in the previous section, preconceived ideas of what a victim ‘looks like’ or how they should respond can do significant harm.
Victim blaming can also compound feelings of guilt that the victim may have.
Sometimes, authority figures add to a victim blaming culture. Some examples of this are below.
At the end of a rape trial, Judge Lindsey Kushner said that “as a woman judge, she felt compelled to plead to women to protect themselves” and that women were entitled to “drink themselves into the ground”, but that their behaviour was also putting them in danger.
The report finds that, at worst, officers demonstrated explicit victim blaming and lack of belief in the victim, which impacted on the subsequent victim
Barrister accuses Judge of implying that “only stupid women can be raped”
Canadian Judge asks victim why she didn’t “just keep her knees together?”
Media reports often seem to imply that victims of sexual violence are wholly or partly responsible for what happened to them.
The language used in media reports can determine whether the reader views it in a victim blaming manner. Media stories will often include information that seems to intentionally question the actions of the victim – such as ‘they were walking alone late at night’ or ‘they were drunk’.
Lying about rape or sexual assault is rare but, on occasions where someone is found to have done this, the media often give the case significantly more attention than they do for proven rapes or sexual assaults, thus implying that false reporting is common.
This view is sometimes reinforced by well-meaning awareness campaigns that put the emphasis for avoiding rape on the victim rather than targeting perpetrators.
Although meant as a way to improve safety, this poster implies that if the victim has been drinking, then rape is their own fault, and received wide spread criticism from organisations supporting sexual violence survivors
Alternatively, this poster clearly puts the blame on the rapist
You can access this image directly from Rape Crisis Scotland
Site opens in a new window
Consent
The legal age of consent to sexual activity is 16 for both men and women.
This does not mean that because you are 16 or over you have consented to sexual activity.
The law defines consent as
‘“if subject agrees by choice, and has the freedom and capacity to make that choice”.
In practice, this means
- • Whether the person has the capacity (i.e. the age and understanding) to make a choice about whether or not to take part in the sexual activity at the time in question.
- • Whether he or she was in a position to make that choice freely, and was not constrained in any way.
There is no requirement to communicate a lack of consent. A person does not consent if they are incapacitated through drink and they do not need to be unconscious through drink to lose their capacity to consent.
(Source: Crown Prosecution Service)
Watch this short film about consent
Remember
• Consent does not have to be given verbally
• If consent is given under fear or duress, it is not consent
• If someone is unconscious, they cannot give consent
• If someone is upset or afraid, consent is presumed denied
• Consent applies each time a sexual act takes place – agreeing once does not mean continued consent
• If a person doesn’t consent to sexual activity of any kind, 100% of the blame lies with the perpetrator or perpetrators
Rape Crisis England and Wales say:
Consent looks like:
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Enthusiastically saying ‘yes!’.
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Talking to the other person about what you do and don’t want, and listening to them in return.
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Checking in with the other person – for example, asking ‘is this okay?’, ‘do you want to slow down?’ or ‘do you want to stop?’.
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Respecting someone’s choice if they say ‘no’. And never trying to change their mind or put pressure on them.
The Law
The Sexual Offences Act 2003 covers the non-consensual offences of rape, assault by penetration, sexual assault and causing a person to engage in sexual activity without consent.
It defines “consent” and “sexual”, and sets out evidential and conclusive presumptions about consent.
The Sexual Offences Act covers a huge range of offences, some of which are listed below:
– Rape
– Assault by penetration
– Sexual Assault
– Causing a person to engage in sexual activity without consent
– Offences relating to children under the age of 13
– Sexual assault and activity in relation to a child
– Child sex offences committed by children or young persons
– Sexual grooming/communication with a child
– Abuse of position of trust offences relating to children
– Abuse of position of trust offences relating to adults
– Sexual offences against a person with a mental disorder
– Sending or threatening to send intimate photographs or film
– Offences around prostitution and trafficking
– Administering a substance with intent
– Voyeurism
The full legislation can be read at Sexual Offences Act 2003 (legislation.gov.uk)
The Sex Offenders Register
A person who has been convicted of, or cautioned for, a ‘relevant sexual offence’ will be made subject to notification requirements – often referred to as ‘signing the sex offenders register’.
Such offences are set out in Part 2 of the Sexual Offences Act 2023 and include rape and sexual assault by penetration.
Most sexual offences against children will trigger the notification requirements, including internet or computer offences where no physical contact with a child has taken place.
The length of time for which a person will be subject to the notification requirements depends upon their age at the time of conviction or caution, and the sentence that they have received and can range from 2 years to indefinite.
Sentencing
Select each of the following headings to find out about sentencing guideline for some of the offences that fall under the Sexual Offences Act 2003.
The maximum sentence for rape is life imprisonment but the judge is required to take into account the specific circumstances of the offence in regards to harm to the victim and culpability of the perpetrator.
Sexual Assault can be split into a number of offences and again, harm, and culpability must be taken into account in sentencing. The maximum sentence is 10 years imprisonment.
Depending upon the type of sexual assault and the assessment of culpability and harm, sexual offences against a child can carry a maximum sentence of life imprisonment.
Often referred to as ‘spiking’, the offence of Administering a substance with intent carries a sentence of up to 10 years imprisonment. Aggravating factors must be taken into account and these can include that the intent of the perpetrator was to commit a sexual offence.
The crime of disclosing, or threatening to disclose, private sexual images covers images on photograph and film, including digital images and carries a maximum sentence of 2 years.
This offence was added in 2018.
Data shows that, in the 12 months ending September 2023, charges had been brought in just 2.4% of the 67,938 rapes reported to police in England and Wales that year.
This equates to 2 in 100 reported rapes seeing someone being charged.
Why do people who have been subjected to sexual violence choose not to report to the police?
Select each of the headings below to explore more.
People who have experienced sexual violence or assault are often worried that no one will believe them. These worries can be made worse if they feel that they are to blame for what happened to them.
Sexual violence doesn’t always leave physical marks or injuries.
If the victim had been drinking or taken drugs they may feel they are to blame, or they may not remember the details of what happened.
Perpetrators will often target people who are vulnerable in some way as it is usually easier to assert control over them. If the perpetrator is someone in a perceived position of power (for example a boss, a celebrity) the victim may be worried that they will be targeted by supporters of the perpetrator.
If the perpetrator is known to them, victims may be worried that reporting the incident will make things worse.
Whether the perpetrator is known or is a stranger, they may have threatened that worse will happen if the victim goes to the police.
It is usual for people who have experienced sexual violence or assault to feel embarrassed and ashamed about what has happened to them. They may also feel they are wholly or partly to blame.
Some people feel that they should have fought back or tried to escape.
Reporting a sexual assault or rape to the police can be a harrowing experience. The person will have to explain what happened to them in detail – they may find it difficult to put it into words.
If the incident was recent, the police may ask that forensic examination is done and this can feel like a further violation. If relevant, the police may keep the victim’s mobile phone for evidence.
If the victim is a child, they may be embarrassed if they have to be accompanied by someone they know, they may be worried that they will get into trouble for something.
If the case gets to court, the victim may be terrified by the thought of seeing the perpetrator again or worried that the court will allow the perpetrator to ask them questions.
Special Measures in Court
There are two special measures that can be activated before the trial:
- Video recorded evidence-in-chief – allows The Crown Prosecution Service to video record evidence before the trial and play it back during trial. The prosecution and defence barristers will still ask additional questions in court to clarify any issues.
- Video recorded cross-examination or re-examination. This special measure allows The Crown Prosecution Service to record cross-examination and re-examination before the trial. The victim doesn’t have to attend the trial at all and the video-recorded evidence-in-chief and cross-examination will be played to the jury and court instead.
In addition, there are six special measures that can be used during the trial.
The first four are available to both vulnerable and intimidated witnesses, which includes all victims of rape and serious sexual assault, and the final two are only available to vulnerable victims and witnesses.
- Screens. Screens are usually curtains or panels that the court places between the witness box and the defendant so the witness can’t see the defendant when giving evidence or being cross-examined. The judge, jury and barristers can see the witness and the witness can see them.
- Evidence by live link. This is usually a television link from a private room within the main court building but may be another location such as a different courthouse, a specially designed room in a police station or a Sexual Assault Referral Centre (SARC). With live link, the witness will be able to see the person asking questions but usually won’t be able to see anyone else in the courtroom but everyone in the courtroom will be able to see the witness, including the defendant. The CPS can apply for screens to be used as well as the live link to stop the defendant being able to see the witness.
- Evidence given in private. This means the courtroom is cleared of everyone who doesn’t legally need to be there for the purposes of the trial. If the case is likely to attract media attention, one member of the press is allowed to stay in the court but the witness maintains anonymity.
- Removal of wigs and gowns by the judge and barristers. This is usually used for child victims and witnesses. This is aimed at helping them to feel more comfortable by making the court seem less formal.
There are two special measures which are only available to vulnerable victims and witnesses:
- Intermediaries. Intermediaries are people who can support the witness to fully understand and answer the questions. An intermediary will check that the questions are asked in a way that makes them easily understood and will help the witness to share their answers clearly with the court. ISVAs can also support the witness in court as a special measure.
- Aids to Communication. Aids to communication can include things like visual-aid boards, eye-gaze software, dolls or body-outline drawings. These can be used for witnesses who have a disability that means they need support to assist with understanding or answering questions.
(Source: Crown Prosecution Service, 2024)
The police take reports of sexual violence and abuse very seriously.
Recently the Home Office have worked with the National Police Chief’s Council to transform the police response to Rape and Serious Sexual Offences.
From this work, an a new operating model has been developed in conversation with victims and organisations supporting victims to ensure that victims’ rights and needs stay central to the process.
You can read more about this work at National operating model for the investigation of rape and serious sexual offences | College of Policing