Lack Of Recognition

In most circumstances when a person has a crime committed against them they are afforded recognition in society as a victim. However, people who experience the crime of sexual assault or rape are not always afforded the same recognition. Lack of recognition occurs for a number of reasons including, not being considered a victim unless they can fit into societies stereotype of an ‘ideal’ rape victim and the rape or sexual assault fits into the scenario of a ‘real’ rape (Estrich, 1987). The ability to be classified as a victim is futher limited as the characteristics and known behaviours of the person will be raised and questioned to see if they provoked the assault in any way therefore making them an underserving victim. Social perception of

victims can influence a person ability to achieve the status of a victim as seen through differing attitudes that males and females have towards what they consider a victim. One of the main influences of social perceptions is the media’s portrayal of victims. While females are four times more likely to have an incidence of sexual assault in comparison to males (Australian Bureau of Statistics, 2016), males also experience sexual assault and do not receive equal recognition. When discussing the crime of rape, it is usually thought to be a male perpetrator and a female victim therefore societies perceptions show there is a definite lack of recognition of male victims of sexual assault within society.
Societies view of what is a real ‘rape’ is, that results in receiving equal recognition and is more likely to succeed within the criminal justice system is if the perpetrator is a is a stranger, if a weapon is used, if the victim resists the attack, if the victim sustains a jury that is documented and if the rape is reported as soon as possible (Larcombe, 2002:123). Stranger rape is prosecuted more frequently and more successfully than acquaintance rape (Estrich 1987:3). Acquaintance rape is hinders a victim’s ability to be considered a victim as is typically take place where there is potential for consensual sex, creating the view that the victim is partially responsible for their own assault therefore not a victim (Masser, Lee and McKimmie, 2010).
It is widely believed that if there is not a weapon use to intimidate the victim, they should be able to fight back, however often this is not the case.

As most cases of rape involve a male perpetrator and a female victim, it is often extremely difficult to fight back as males are typically stronger than females. Whether the victim resisted throughout the assault plays a huge role in whether there is recognition as a victim. Studies have shown that scenarios where the victim repeatedly told the male to stop but did not try to physically resists is much less likely to be recognised as a victim by society in comparison to a stereotypical scenario where in addition to telling the male to stop she repeatedly tried to push the offender away and tried to cross her legs so that her clothes could not be removed (Schuller, McKimmie, Masser and Klippenstine, 2010). However, not all victims resist the perpetrator but rather ‘freeze’ or become paralysed. Professor Annie Cossins UNSW has stated that ‘It is well known by psychiatrists and psychologists – that there’s actually three responses to fear: flight, fight or freeze’ and that a ‘freeze response usually occurs when the person can see that fight or flight aren’t options’ (Milligan, 2018). Victims who experience this response when being sexually assaulted are more susceptible to self-blame and is less likely to report the offence. (Galliano, Noble and Puechl,

1993).
If a woman does not fit into the society’s view of a ‘ideal’ victim, they are also unlikely to be recognised as a victim.

An ‘ideal’ victim is one that is chaste, respectable, sober and if their behaviour is consistent with traditional norms of appropriate female behaviour (Schuller, McKimmie, Masser and Klippenstine, 2010: 764). There is a prominent stigma surrounding sexual assault within Australia and a culture of victim blaming, resulting in lack of recognition, that implies that women are responsible for men raping them because they have been drinking, wearing the ‘wrong’ clothing and were ‘asking for it’ (ABC News, 2016). An SBS Insight episode in 2018, Rape on Trial, revealed that a woman that was raped was questioned about the underwear that she was wearing at the time of the assault, during her trail and that ‘she was wearing lacy underwear, so she obviously wanted to have sex with him’. This therefore demonstrates how certain characteristics of the women and her behaviours can cause society to view women who were raped as underserving victims as they contributed to their own rape. These rape myths regarding a ‘real’ rape and ‘ideal’ victim act to excuse acts of sexual assault and create hostility towards the victim which results in victim blaming and unequal

recognition.
There are different attitudes in society regarding the recognition of people who are raped or sexually assaulted as victims. Evidence suggests that males and females have different perceptions about who is considered a victim. Males, more than females believe that the rape victim is responsible for her victimisation for example that her relationship with the perpetrator provoked the assault or that her behaviour invited the rape (White and Kurpius, 1999). This also reflects the attitudes of people who provide medical care, such as psychologists, for rape victims. Females who provide medical assistance had more favourable attitudes, greater sympathy and sensitivity to the victims as wells as less acceptance of rape myth acceptance whereas males generally hold more negative attitudes (White and Kurpius, 1999.