II False Rape Allegations
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-1 I •':,. <. / Archives of Sexual Behavior, Vol. 23, No. I, 1994 False Rape Allegations Eugene J. Kanin, Ph.D.1 'I I With the cooperation of the police agency of a small metropolitan community, \ 45 consecutive, dispo~ed, false rape allegations covering a 9 year period were studied. These false rape allegations constitule 41% the total forcible rape cases \ (n = 109) reported during this period. These false allegations appear to serve . three major functions for the complainants: providing an a lib~ seeking' revenge, \ i and obtaining sympathy and attention. False rape allegations are. not the i consequence of a gender-linked aberration;' as frequently claimed, but reflect impulsive and desperate efforts to cope· with personal and social stress \ situations. · l KEY WORDS: rape; sex_ual assault; unfounded rape; rape mythology. I \ INTRODUCTION I Of the many controversies surrounding the crime of ra,pe, no more thorny issu~ arises than that dealing with.false allegations. o·enerally, this issue is couched in terms of unfounded rape. However, we are not addressing that concept here since unfounded rape is not usually the \ I equivalent of false allegation, in spite of widespread usage to that effect. There is ample evidence, frequently ignored (see MacDonald, 1971; \ I \ Brownmiller, 1975), that in practice, unfounded rape can and does mean I many things, with false allegation being only one of them, and sometimes the least of them. Other factors that are typically responsible for unfounded declarations are victim's late reporting to the police, lack of I corroborating evidence, lack of cooperation by the victim and/or witnesses, I reporting in the wrong jurisdiction, discrepancies in the victim'~ story, \ wrong address given by the _victim, victim's drunkenness, victim's drug .oOl,;,' \ ::i ~ '\':!~ usage, victim's being thought a_ prostitute, victim's uncertainty of events, ,}~~ . 1 I Dcpartmenl of Sociology and Anthropology, Purdue University, 1365 Winthrop E. Stone Hall, Wcsl Lafaycuc, Indiana 47907-1365. \ . 81 ------ I 82 Kanln False Rnpe Allegntlons 83 I . victim's belligerence (Clark and L~wis, 1977; Hursch, 1977; Katz and Currently, the two main identifiable adversaries involved in the false Mazur, 1979; Kanin, 1985; LaFree, 1989). In sum, the foregoing largely rape allegations controversy are the femiriists and the police. The fem:nists represent those conditions that coul~ seriously frustrate efforts to arrest are by far the most expressive and prominent on this issue. Some feminists · and/or convict· the offender. This paper deals exclusively with false rape take ·the position that the declaration of rape as false or unfounded largely allegations: the intentional-reporting ?fa forcible rape by an alleged victim means that the police do not believe the complainant; that is, th!:! rape . when no rl3-pe had occurred. I ' · . charges are real reflections of criminal: assault, but the agents of the l False rape charges have probably been in existence ·as Jong as the : criminal justice system do not believe them (Brownmiller, 1975; Russell, ! concept of rape. However, in _the 20t~ century, medical jurisprudence saw 1984). Some feminists virtually deny the existence of false rape accusations 'I a new development that enabled false; allegations to be viewed as a singular and believe the concept itself constitutes discriminatory harassment tow~rd instance of gender-related lying, sorn1ething quite different in nature from women (see Grano, 1990). On the pther hand, police are prone to say I the false• accusations of robbery or purglaryI that were made by men. In the reason for not believing some rape complainants resides in the fact I short, false rape accusations became ia reflection of a unique condition of that the rapes never occurred (Payton, 1967; Wilson, 1978; Jay, 1991). women,· not unlike that of kleptomania (Abelson, 1989). This new devel Medical Examiners lend support to this police position by. emphasizing opment was the masochistic nature df woman doctrine, a perspective that the ever-present possibility that rape complainants may be lying (Shiff, assumed women had a subconscious ~esire for rape, as evidenced by their 1969, 1971). I rape fantasies (Freud, 1933; Deutsch, 1944; Horney, 1933), and that neu- · The purpose of this paper is to report our findings on the incidence rotic individuals would convert tht:hir fantasies into actual beliefs ·and and dynamics of false rape allegations from a long-term study of one city's policy agency. · memory falsification (for an extensi~e. and critical treatment of this per- ' . spective, se·e Edwards, 1981, 1983; Kamn,. 1982; Bessmer, 1984). In addition, some influential medi~al figures adop~ed the position that false METHOD \. rape allegations were widespread (M\inninger, 1933; Guttmacher and Wei- . i · hofen, 1952). Many legal scholars ~nthusiastically endorsei;i this medical position (Wigmore, 1940; Juiiver, 1960; Comment, 1973; Hibey, 1973) and This investigation is· essentially a case study of one police agency in commonly recommended that rape coriiplainants be routi~ely subjected topsy a small metropolitan area (population_ = 70,000) i,n the ,vlidw~stern United chiatric examination in order to dete~ine their truthfulness (Guttmacher and States. This city was targeted for study because it offered an almost, model • I .· Weihofen, 1952; Sherwin, 1973; Comment, 1973). An American· Bar laboratory for studying false rape allegations. First., its police agency is not Association committee offered a si~ilar recommendation to this effect as inundated with serious felony cases and, therefore,_-has the freedom and • I early as 1937-1938 (Weihofen, 1959). the motivation to r~cord and thoroughly pursue all rape complaints. _In fact, In the legal literature, pseudologia plzantastica became the authorita agency policy forbids police officers to use their discretion in deciding tive scientific label for the condition responsible for false rape reporting whether to officially acknowledge a rape complaint, regardless how ~uspect that complaint may be. -Second; the dedaration of a false allegation follows (Grablewski, 1958; Juliver, 1960). P~eudologia phantastica was described a highly institutionalized procedure. The investigation of all rape com as a "Delusional· state in which the cpmplainant truly believes that she had plaints always involves a serious offer to polygraph the complainants' and been raped although no rape,',and.~erhaps no sexual contact of any kind, the 'suspects. Additionally, for a declaration of false charge to be made, had taken place. Since she- firmly 9elieves this non-fact, her story is UIJ the complainant must admit that n6 rape had occurred .. She is the sole shakaole" (Bessmer, 1984), Less pre_tentious legal scholars made the same ' agent who can say that the rape charge is false. The police department point by merely. making referenceh to delusional and hy~~erical states will not declare a rape charge as false when the complainant, for whatever (Smith, 1953-1954; Comment, 1970). In recent years, however, possibly as reason, fail5 to pur:me the charge or cooperate on the case, regardle~ how a response to the women's mov.emeht, members of the mental health and much doubt the police may have regar.dirig the validity of the charge. In legal community have become· mark~dly less likely to express such a posi short, these cases are declared false only because the complainant admitted tion on false rape allegations. In England, judges still rather freely comment they are false. Furthermore, only one person is then. empowered to enter on the mendacious nature of womeh (Lowe, 1984). into the .records a formal declaration that the charge is false, the officer I I ! ---::=:::--=--~ I i Kunin 84 False Rape Allegallons 85 ! l i . • i iri charge of records. Last, it should; be noted that this department does The study of these 45 cases of false rape allegations inexorably led I not confuse reported rape attempts ,vith completed rapes. Thus, the rape to the conclusion that these false charges were able to serve three major l complainants referred to in this paper are for completed forcible rapes func~ions for the complainants: providing an alibi, a· means of gaining re ! only. The foregoing leaves us with a fertain confidence that cases declared venge, and a platform for seeking attention/sympathy. This tripartite model false by this police agency are indeep a reasonable-if not a minimal resulted from the complainants' own verbalizations during recantation and reflection of false rape allegations made to this agency, especially when does not constitute conjecture. Of course,. we are not asserting that these one :considers that a finding of false1 allegation is totally dependent upon .· functions are mutually exclusive oi_ exhaustive; rather, these rape recanta the recantation of the rape charge. \ ~ .. tions focused on a single factor explanatiori. A_ possible objection to these We followed and investigated all false rape allegations from 1978 to · recantations concerns their validity. Rape recantations could be the result 1987.. A ranking police official notified us whenever a, rape charge was of the complainants' desire to avoid a "second assault" at the hands of the declared false and provided us withj the records of the case. In addition, police. Rather than proceed with the real charge of rape, the argument the investigating officers provided any requested supplementary information goes, these women withdrew their accusations to avoid the trauma of police so that we could be confident of th~ validity .of the false rape allegation investigation. declarations. · I Several responses are PO!lsible to this type of criticism. First, with very I few exceptions, these complainants were suspect at the time of the com . I plaint or within a day or two after charging. These recantations did not FINDINGS follow prolonged periods of investigation and interrogation that would con I stitute anything approximating -a second assault. Second, not one of· the Incidence of False Allegations detectives believed that an incident of false recantation.had occurred.