Rape is not an ordinary crime. Few people will contemplate whether or not to report being mugged because the police might not believe them. No one sees their car window smashed and thinks “I’m not sure if reporting this is wise. I was drinking last night so the police might think I said it was ok and I consented to them smashing it..”
The worst outcome for a rape complainant is that she is not believed. During the Belfast trial, a narrative was created that a the victim had participated in a drunken threesome and then cried rape afterwards because she was worried that “it would be talked about on social media.” The idea that any woman would subject themselves to what is entailed in making a rape complaint, simply because she regretted how she had sex or who it was with, would be laughable if it weren’t so disturbing.
When a woman makes a complaint to police she will usually spend hours or a day (or more than a day) literally recounting her story over and over again; following this she may be brought to a sexual assault treatment unit where trained healthcare professionals will collect forensic evidence and do a head to toe exam collecting samples from under her nails and her hair and her mouth. They will examine her genitals and take photographs. She will likely have to tell her story again to the healthcare practitioners so they know which photos to take. She will not be allowed tea or coffee in case it interferes with evidence in her mouth. Depending on where she lives, she might have to travel for 3-4 hours to get to this unit because her local hospital won’t have one. If there’s a risk of head injuries, she’ll be sent to the Beaumont first, but that has implications for evidence collection of course. If the police believe her, they may send her story to the DPP. They also might not believe her. They also might prosecute her for false reporting. They might laugh at her and snigger it was her own fault.
Rape myths are very common, and police and gardai are as susceptible to them as any other person you meet in the street. Of course, they are not meant to be, but we know they are. They make rape jokes too. It isn’t that long since the gardai were making rape jokes on tape in relation to Shell to Sea protestors. That wasn’t solely about animosity towards protesters, it was because they found rape funny and unless they’ve retired since 2011, they’re still employed by An Garda Siochana. The transcript of that exchange could be a twitter exchange.
^ Garda Rape Tape Exchange
Of course false report convictions are rare much the same way that false reports of rape are rare, but the fear of not being believed and the consequences that follow are a shadow over every victim’s decision on whether or not to report. They are rare, because women do not put themselves through the trauma of reporting because of what it entails, and the glaringly obvious fact that largely, she will not be believed.
In the best case scenario, if the victim is believed by the Gardaí she must tell her story over and over and over and over again; then if she is believed by the DPP and then after having repeated her story over and over again, a case will be taken. Following this she will listen while her credibility is systematically picked apart by the defence counsel. She will see her knickers passed around the court. Her own credibility will be on trial. They will discuss what she likes and what sex acts she would engage in. The papers will discuss the colour of her labia in print. People on the internet will speculate on where she was in her menstrual cycle and whether the vaginal lacerations she has were from rape or not. Her text messages to friends about being raped will become a matter of public record. A newspaper will write a story in which they wonder whether the blood was from internal bleeding from vaginal injuries or from her period as the defence counsel suggested. In some cases fear of retaliation from the perpetrators will be a worry, whether that retaliation manifests as a physical threat or a threat to make life difficult, or the retaliation might manifest as the forces of privilege in society standing together to paint you as a liar. Anonymous or not, she will be stigmatised and the minutiae of every move she makes will be under scrutiny. Some of the jury will believe that if a woman was drinking, she was asking for it, and other myths, like the style of clothes being an invitation to have grope. Men who barely know the alphabet, let alone the intricacies of criminal law will call for her to be put on trial. They will call for her to be named and shamed. They say this because a lot of society thinks that if you cannot secure a conviction in a rape trial, the victim complainant has been proven to be a liar. Rape trials always mean the victim is on trial as much as the defendants. In the Belfast case, people know who the complainant is, there is no need to name her. Men will share that information. The Belfast verdict in many quarters has been seen as a victory for men. Women will simply return to secret Facebook groups and chats and informal conversations in which the words, “be careful of him” are uttered.
The scale of rape and sexual assault is a global health issue. If one in four people were getting mugged, we would likely examine the root cause and the members of the Oireachtas and other parliaments would probably convene a joint special committee. The media has a key role in this. They, whether they like it or not, shape the public discourse on rape and sexual assault issues. When they produce salacious gossipy reports on the case or the colour of a rape victim’s genitalia in their paper, it matters. It matters because those words are taken and repeated on twitter, with a multitude of shitty opinions attached.
Most rape victims do not report to the police. Convictions do not simply require 12 members of a jury to believe you. They require the police who are questioning your demeanor, level of intoxication and consistency of details, to believe you. Your credibility must be sturdy. Impeccable in fact. It helps if you are not a poor or marginalised woman. During the Belfast trial Stuart Olding’s barrister commented, “Why did she not say no? Why did she open her mouth? Why didn’t she scream? A lot of middle class girls were downstairs, they were not going to tolerate a rape or anything like that. Why didn’t she scream the house down.” The implication being that us working class women would hear it and just go back to adjusting the hun buns and acrylic nails and drinking cans I suppose. The clear message to rape victims in this, and every other trial is “Do not report, it isn’t worth it.”
Reporting to the police means you must be able to withstand victim blaming and questioning and trolling statements and people attempting to hunt your family down on twitter. You must be able to handle that, if you defy traditional gender roles or consume alcohol prior to your attack you are more likely to be attributed a higher rate of blame for your own rape than others. You must be able to overcome whatever obstacles are put in place by privately educated rugby playing people and people who are members of professional associations who have connections and know journalists and other important people.
When you make a report you must be able to deal with the fact that if you were passed out on the ground unconscious and the gardai happen upon you with a strange man kissing your neck and touching you, they may initially think that it isn’t that serious until they find CCTV footage. If you were a teenager working in a low paid carer job providing care for an elderly client, their adult son might sexually assault you. If your rapist was actually convicted, he might initially walk out of the court with a suspended sentence after drugging and raping you in your sleep. If you are 6 years old and your Uncle convinces you to go to your house for biscuits and he subsequently rapes you, he might also get a suspended sentence. If you are a group of five women abused by the same person, he might get a suspended sentence too. Your rapist might even get a partially suspended sentence for sexually assaulting two women having previously finished three jail terms for rape offences. Your uncle who abused you when he was still a priest might get a suspended sentence too. If your rapist dies, the Council might try and pass a motion of condolence for him.
If the text messages from your attackers reference your crying, and imply the group nature of your attack, as if they had great craic during a drinking game, you will still not be believed. This is what society needs us to know.
When your attackers are on trial, it will be you who is made to feel like a criminal. These “talented, promising sportsmen” who all had a different version of events, who deleted text messages and met up when they usually didn’t (but *not* to get their stories straight, remember?) were always going to be found ‘not guilty.’ It didn’t matter that there was a witness testimony confirming the witness’s description. It didn’t matter the taxi driver was concerned and said she was crying. What mattered was that they were privileged men, whose victim was always going to be torn asunder on the stand. Privilege begets privilege. Don’t you always bawl your eyes out and bleed through your jeans in a taxi home after a fun night?
The question that many feminists are asking now is why would any woman who witnessed this trial report a rape? If a friend discloses rape, how do you say to her in good conscience “would you consider reporting?”
They don’t want us to. The system is not designed for the victim. It serves an entirely different process. The victim was painted by the barristers involved as a wanton slut who was up for anything. Paddy Jackson, one of the defendants was painted as a poor little boy whose favourite hobbies included “drawing super heroes,” whose only mistake was wanting to have fun.
The complainant in this case did everything that victims are supposed to do, she kept her clothes, she went and made a statement. Experts confirmed vaginal injuries. She told her friends what had happened. The defence still made out that she simply regretted a consensual experience and was afraid she would be labeled a slut. They labeled her a slut anyway not to mention, does any woman in 2018 under the age of 40 really give a fuck about someone having a threesome?
I know an awful lot of victims of rape. So do you. But I have never known anyone that has seen their rapist prosecuted. There are people who are friends of friends but it is truly remarkable that given the scale of it, convictions are rare.
We all know, as women, we are routinely not believed, but for whatever it’s worth, I believe her.