Victim-blaming language results in shorter sexual assault sentences

Conviction rates for rape in the UK remain comparatively low; despite increases, fewer than 3 in 100 rapes recorded by police between October 2023 and September 2024 actually resulted in someone being charged the same year. While the reasons for this are manifold, previous research has identified rape myths — beliefs and language that typically place blame on survivors of sexual assault, rather than rapists — as one factor affecting conviction. One study, for example, found that the more a juror believes in rape myths, the more likely they are to acquit.

This is also the focus of new research led by Kirsten Rinde, published in the Scandinavian Journal of Psychology, which looks at whether the use of language supporting rape myths during trials affects the likelihood of conviction in the Norwegian legal system. Echoing prior work, it finds that the presence of victim-blaming language can lead courts to favour shorter sentences for those convicted of rape.

To understand the impact of myths on conviction rates, the team analysed court decisions on rape cases from Norway's Court of Appeal between 2013 and 2023. The study used the "She Asked For It" section of the Illinois Rape Myth Acceptance Scale to assess whether these court decisions included descriptions from legal statements suggesting victim-blaming attitudes. Five items from the scale were used to analyse the texts, including whether the victim: had been alone with someone; had had casual sex in the past; had kissed the perpetrator prior to the assault; had said 'no' in an 'unclear' way; or was dressed 'provocatively'. In addition, because prior research suggests men are more likely to accept rape myths, the team also recorded the number of female judges in each trial.

The results were striking. When compared with court documents from matched cases without victim-blaming descriptions, defendants convicted in cases where rape myths were mentioned received significantly lower sentences; an average of 24 months in prison, compared to 48. Language which embraced rape myths also made it more likely that defendants would receive no prison sentence: fourteen of the defendants in the 51 cases where rape myths were present were given no prison time, compared to only three in the comparison group.

These findings add weight to existing literature illustrating the heavy influence that rape myths have on perceptions of guilt and credibility, and seem to indicate that victims who are saddled with these stereotypes in courtroom exchanges are more likely to have their complaints trivialised.

Rather than just being a description of the issue at hand, however, this paper does put forward potential solutions that could be implemented to mitigate this problem. In particular, the authors argue that there is scope for measures to be developed to prevent such myths from being presented in court decisions. This could include mandatory education for judges and prosecutors on rape myths and their impact, or stricter rules on irrelevant narratives being used in court.

Read the paper in full:
Rinde, K. R., Tea Vučić, Andresen, M. G., Audun Havnen, & Solem, S. (2024). She Asked for It? Descriptions of Victims' Behaviors Are Associated With Sentencing in Norwegian Rape Trials. Scandinavian Journal of Psychology. https://doi.org/10.1111/sjop.13088

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