Rape as 'one person's word against another's': challenging the conventional wisdom

According to the conventional wisdom, rape is generally a case of ‘one person’s word against another’s’ and, in the absence of independent evidence, judgements regarding the truth or otherwise of an allegation are influenced by ‘rape myths’ and gender stereotypes. The meaning of ‘one person’s word a...

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Main Author: Saunders, Candida L.
Format: Article
Language:English
Published: SAGE Publications 2018
Online Access:https://eprints.nottingham.ac.uk/50925/
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author Saunders, Candida L.
author_facet Saunders, Candida L.
author_sort Saunders, Candida L.
building Nottingham Research Data Repository
collection Online Access
description According to the conventional wisdom, rape is generally a case of ‘one person’s word against another’s’ and, in the absence of independent evidence, judgements regarding the truth or otherwise of an allegation are influenced by ‘rape myths’ and gender stereotypes. The meaning of ‘one person’s word against another’s’, however, and the extent to which it accurately describes the evidence in most rape cases, or usefully explains case disposal, are largely unexplored. This article subjects the conventional wisdom of rape as ‘one person’s word against another’s’, and the implicit claims and assumptions underpinning it, to close critical scrutiny. Drawing on original empirical data, I argue that the concept of ‘one person’s word against another’s’ is vague, ambiguous, and uninformative. It tells us virtually nothing about what rape cases look like evidentially, still less about case progression, and presents a partial and misleading view of English criminal proceedings and the process of proof. If we are to better understand attrition in rape cases, we need to meaningfully engage with the contentious issue of witness credibility and reliability—not only in the absence of independent evidence that supports or corroborates a witness’s account, but in the presence of evidence that undermines or contradicts it.
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spelling nottingham-509252018-04-14T12:45:26Z https://eprints.nottingham.ac.uk/50925/ Rape as 'one person's word against another's': challenging the conventional wisdom Saunders, Candida L. According to the conventional wisdom, rape is generally a case of ‘one person’s word against another’s’ and, in the absence of independent evidence, judgements regarding the truth or otherwise of an allegation are influenced by ‘rape myths’ and gender stereotypes. The meaning of ‘one person’s word against another’s’, however, and the extent to which it accurately describes the evidence in most rape cases, or usefully explains case disposal, are largely unexplored. This article subjects the conventional wisdom of rape as ‘one person’s word against another’s’, and the implicit claims and assumptions underpinning it, to close critical scrutiny. Drawing on original empirical data, I argue that the concept of ‘one person’s word against another’s’ is vague, ambiguous, and uninformative. It tells us virtually nothing about what rape cases look like evidentially, still less about case progression, and presents a partial and misleading view of English criminal proceedings and the process of proof. If we are to better understand attrition in rape cases, we need to meaningfully engage with the contentious issue of witness credibility and reliability—not only in the absence of independent evidence that supports or corroborates a witness’s account, but in the presence of evidence that undermines or contradicts it. SAGE Publications 2018-04-01 Article PeerReviewed application/pdf en https://eprints.nottingham.ac.uk/50925/1/Rape%20as%20%27One%20Person%27s%20Word%20against%20Another%27s%27.pdf Saunders, Candida L. (2018) Rape as 'one person's word against another's': challenging the conventional wisdom. International Journal of Evidence and Proof, 22 (2). pp. 161-181. ISSN 1740-5572 http://journals.sagepub.com/doi/full/10.1177/1365712718766478 doi:10.1177/1365712718766478 doi:10.1177/1365712718766478
spellingShingle Saunders, Candida L.
Rape as 'one person's word against another's': challenging the conventional wisdom
title Rape as 'one person's word against another's': challenging the conventional wisdom
title_full Rape as 'one person's word against another's': challenging the conventional wisdom
title_fullStr Rape as 'one person's word against another's': challenging the conventional wisdom
title_full_unstemmed Rape as 'one person's word against another's': challenging the conventional wisdom
title_short Rape as 'one person's word against another's': challenging the conventional wisdom
title_sort rape as 'one person's word against another's': challenging the conventional wisdom
url https://eprints.nottingham.ac.uk/50925/
https://eprints.nottingham.ac.uk/50925/
https://eprints.nottingham.ac.uk/50925/