STOPPING RAPE Sylvia Walby Philippa Olive Jude Towers Brian Francis Sofia Strid Andrea Krizsan Emanuela Lombardo Corinne May-Chahal Suzanne Franzway David Sugarman Bina Agarwal Jo Armstrong TOWARDS A COMPREHENSIVE POLICY i STOPPING RAPE Towards a comprehensive policy Sylvia Walby, Philippa Olive, Jude Towers, Brian Francis, Sofia Strid, Andrea Krizsán, Emanuela Lombardo, Corinne May-Chahal, Suzanne Franzway, David Sugarman, Bina Agarwal and Jo Armstrong First published in Great Britain in 2015 by Policy Press North America office: University of Bristol Policy Press 1-9 Old Park Hill c/o The University of Chicago Press Bristol BS2 8BB 1427 East 60th Street UK Chicago, IL 60637, USA t: +44 (0)117 954 5940 t: +1 773 702 7700 pp-info@bristol.ac.uk f: +1 773 702 9756 www.policypress.co.uk sales@press.uchicago.edu www.press.uchicago.edu The digital PDF version of this title is available Open Access and distributed under the terms of the Creative Commons Attribution-NonCommercial 4.0 license (http://creativecommons. org/licenses/by-nc/4.0/) which permits adaptation, alteration, reproduction and distribution for non-commercial use, without further permission provided the original work is attributed. 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Cover design by Qube Design, Bristol Front cover: image kindly supplied by iStock Printed and bound in Great Britain by CMP, Poole Policy Press uses environmentally responsible print partners iii Contents List of abbreviations iv Notes on authors vi Acknowledgements xi 1 Introduction 1 2 Strategy, planning and coordination 21 3 Victim services and healthcare systems 59 4 Law and the criminal justice system 111 5 Conflict zones 173 6 Culture, media and education 191 7 Economy 211 8 Conclusions 225 References 241 Index 293 iv Stopping rape List of abbreviations A&E Accident and Emergency ABS Australian Bureau of Statistics ADT androgen deprivation therapy BME black and minority ethnic CBT cognitive behavioural therapy CJS Criminal Justice System CPA cyproterone acetate CVTV closed circuit television DFID Department for International Development EIGE European Institute for Gender Equality EP European Parliament ESF European Structural Fund EU European Union EWL European Women’s Lobby FOI Freedom of Information FRA (European Union) Fundamental Rights Agency GRIP Greater Rape Intervention Program HEFCE Higher Education Funding Council for England IAFN checklist for disaster planning IAPT Improving Access to Psychological Therapies IASC Inter-Agency Standing Committee IAWG Inter-Agency Working Group ICTR International Criminal Tribunal for Rwanda ICTY International Criminal Tribunal for the former Yugoslavia IMAGE Microfinance for AIDS and Gender Equality IRC International Rescue Committee ISVA independent sexual violence advisor LEA local education authority LGBTQ lesbian, gay, bisexual, trans or questioning MARAC multi-agency risk assessment conference MHPSS mental health and psychosocial support system MISP minimum initial service package MPA medroxyprogesterone NAP national action plan NGO non-governmental organisation NPA National Prosecuting Authority v List of abbreviations NSOR National Sex Offender Registry PATH Psychological Advocacy Towards Healing PFA psychological first aid PTSD post-traumatic stress disorder RCNE Rape Crisis Network Europe Roks Riksorganisationen För Kvinnojourer och Tjejjourer i Sverige SACT Sexual Assault Crisis Team SAME sexual assault medical examiner SANE sexual assault nurse examiner SARC sexual assault referral centre SART sexual assault response team SORN sex offender registration and notification Star Southampton Talking About Relationships SVRI Sexual Violence Research Initiative UN United Nations UNESCO United Nations Educational, Scientific and Cultural Organisation UNHCR United Nations High Commissioner for Refugees UNSCR United Nations Security Council Resolution VAWG Violence Against Women and Girls WHO World Health Organization WWC SA Working Women’s Centre South Australia vi Stopping rape Notes on authors Sylvia Walby is Distinguished Professor of Sociology and UNESCO Chair in Gender Research, Lancaster University, UK. She has conducted research on gender-based violence for the UK Home Office, published as Domestic violence, sexual assault and stalking: Findings from the British Crime Survey (with Allen, Home Office, 2004); the UK Women and Equality Unit, The cost of domestic violence (2004); the UK Equality and Human Rights Commission, Physical and legal security and the criminal justice system (with Armstrong and Strid, 2010);Trust for London/ Northern Rock Foundation, Cuts in public expenditure on services to prevent violence against women (with Towers, 2012); the European Institute for Gender Equality, Estimating the costs of gender-based violence in the European Union (with Olive, 2014); and for the Economic and Social Research Council on the changing rate of domestic violence with Brian Francis and Jude Towers, European Commission on the gender dimension of trafficking in human beings, European Parliament, Council of Europe on the Istanbul Convention, United Nations Division for the Advancement of Women and the United Nations Economic Commission for Europe. She has an OBE for services to equal opportunities and diversity. Further publications include Sex crime in the news (with Soothill, Routledge 1991), Globalization and inequalities: Complexity and contested modernities (Sage, 2009), The future of feminism (Polity, 2011), and an edited special issue of Current Sociology , 2013, vol 61, no 2, on ‘Violence and society’. Philippa Olive is Senior Lecturer, Department of Nursing, Health and Professional Practice, University of Cumbria and Senior Researcher affiliated with the UNESCO, and Chair in the Gender Research Group, Department of Sociology, Lancaster University, UK. Philippa’s research is concerned with gender- based violence, its impacts and health systems responses, and she recently completed a project with Sylvia Walby on the costs of gender-based violence in the European Union. Philippa’s previous research examined the classification of forms of gender- based violence in health systems, and the sociology of domestic violence diagnosis during emergency department consultations. vii Her current research projects involve analysis of health systems domestic violence incidence data and the development of better measures of the health impacts of gender-based violence. Jude Towers is Senior Research Associate in the Sociology Department at Lancaster University, UK. She has a PhD in Applied Social Statistics. Her research concentrates on the measurement of gender-based violence and on exploring the relationship between different forms of gender-based violence within varying economic, social and political contexts. She has worked on research projects on gender-based violence funded by the Economic and Social Research Council, the European Parliament, and the Northern Rock Foundation and Trust for London. Her recent publications include, with Walby, Towers and Francis (2014), ‘Mainstreaming domestic and gender-based violence into sociology and the criminology of violence’, The Sociological Review , vol 62, no S2. Brian Francis is Professor of Social Statistics, and a member of the Centre for Law and Society at Lancaster University, UK. He has over 30 years’ experience of statistical consultancy and applied statistical research, as well as a strong substantive interest in criminology. His recent work has focused on the analysis of criminal careers and issues relating to serious crime, including homicide, kidnap, domestic violence and sex offending, as well as organised crime. He is co-editing the Oxford handbook of sex offences and sex offending . His 230 publications span statistics, criminology, health, sociology and psychology. His recent work includes papers on football and domestic violence, the desistance of sex offenders and the statistical modelling of social networks. Sofia Strid is Senior Lecturer in Gender Studies at Örebro University, Sweden. Her research is both theoretical and policy- oriented, and focuses primarily on violence, intersectionality and civil society in the European Union. Her current projects, funded by the European Commission and the Swedish Research Council, bring key theoretical and methodological strands of feminist intersectional analysis into dialogue, and set up arenas for cross-fertilisations, leading to more comprehensive and Notes on authors viii Stopping rape transgressive analytical approaches and theoretical understandings of intersectional gender. Sofia is one of the scientific chairs within the GEXCEL International Collegium for Advanced Transdisciplinary Gender Studies and editor of the Nordic Journal of Gender Studies. Andrea Krizsán is Research Fellow at the Center for Policy Studies, Central European University, Budapest, Hungary. Her work focuses on the politics of inequality, and understanding progressive policy change regarding gender equality and gender- based violence, ethnicity and intersectionality issues in Central and Eastern Europe. Her publications include articles in the journals Violence against Women , Social Politics , European Integration Online Papers , Policy Studies , Ethnic and Racial Studies , Journal for Ethnic and Minority Studies , and the European Journal of Women’s Studies , and chapters in several edited volumes. She recently co- edited a volume with Squires and Skjeie on institutionalising intersectionality and the changing nature of European equality regimes, published by Palgrave Macmillan (2012). Emanuela Lombardo , is Lecturer at the Department of Political Science and Administration II of Madrid Complutense University, Spain. Her research concerns gender equality policies and their intersections with other inequalities, particularly in the European Union and Spain, Europeanisation, gender mainstreaming, and gender and political representation. On these issues she has published articles in peer-reviewed journals and chapters in edited books including the Oxford University Press Handbooks of Gender and Politics and of Feminist Theory. Her last books are The symbolic representation of gender (with Meier, Ashgate, 2014), and The Europeanization of gender equality policies (edited with Forest, Palgrave, 2012). She is editor (with Meier and Verloo) of the Special Issue on Policymaking forthcoming in the Journal of Women, Politics and Policy Corinne May-Chahal , Lancaster University, UK, practised as a social worker while conducting research aimed at improving children’s participation in services designed to safeguard them. Her early work ( Making a case in child protection , 1992; Child ix protection: Risk and the moral order , 1997; and Child sexual abuse: Responding to the experiences of children , 1999) has subsequently had an impact on policy and practice through membership of non- governmental public bodies such as the Family Justice Council, as co-chair of the College of Social Work, and her work with international organisations. She currently researches from a digital world perspective, developing and applying new technologies to create software to aid identity recognition and to facilitate children reporting rape and abuse (see May-Chahal, C., Mason, C., Rashid,A.,Walkerdine, J., Rayson, P. and Greenwood, P., 2014, ‘Safeguarding cyborg childhoods: Incorporating the on/offline behaviour of children into everyday social work practices’, British Journal of Social Work , vol 44, no 3, pp 596-614). Suzanne Franzway is Professor of Sociology and Gender Studies at the University of South Australia, Adelaide. Her research focuses on sexual politics, greedy institutions, gendered violence and citizenship, social movements, and epistemologies of ignorance. Her books include Challenging knowledge, sex and power: Gender, work and engineering (Routledge, 2013); Making feminist politics:Transnational alliances between women and labor (University of Illinois Press, 2011); Sexual politics and greedy institutions: Union women, commitments and conflicts in public and in private (Pluto Press, 2001); and Staking a claim: Feminism, bureaucracy and the state (Allen & Unwin, 1989). David Sugarman is Emeritus Professor of Law at Lancaster University, UK, and Fellow of the Royal Historical Society. He has undertaken research for intergovernmental organisations, government departments and non-governmental organisations, most recently the European Court of Justice, the European Court of Human Rights and the European Union Parliament. Sugarman has written and/or edited 20 books and written over 90 articles and book chapters. He has also published articles in The Guardian , The Times and Open Democracy . Relevant publications include The handbook of European non-discrimination law (with Butler, European Union Agency for Fundamental Rights and the European Court of Justice, 2011). Notes on authors x Stopping rape Bina Agarwal is Professor of Development Economics and Environment at the University of Manchester, UK, and former Director of the Institute of Economic Growth, Delhi, India. She has been President of the International Society for Ecological Economics, and President of the International Association for Feminist Economics. Her 9 books and over 75 professional papers include the multiple award-winning book, A field of one’s own : Gender and land rights in South Asia , and her latest, Gender and green governance . In 2005, she catalysed a successful campaign for gender equality in India’s Hindu inheritance law.A three-volume compendium of her selected papers is forthcoming from Oxford University Press. In 2008, Agarwal received a Padma Shri from the President of India, and in 2010, the Leontief Prize from Tufts University ‘for broadening the frontiers of economic thought’. Jo Armstrong is Researcher at Lancaster University, UK, working in both the Sociology Department and the Department of Educational Research. Her doctoral research used in-depth interviews to explore the intersections of gender and social class. Jo’s interests have since extended into the broader field of inequalities, including gender-based violence, and she has been engaged in projects funded by various organisations (for example, the Equality and Human Rights Commission, European Commission and European Parliament). Her research outputs include contributions to edited collections (for example, Classed intersections , edited byY. Taylor), journals (for example, Social Policy and Society ) and reports (for example, Review of equality statistics , Equality and Human Rights Commission). xi Acknowledgements The research was led by Sylvia Walby at Lancaster University, UK, conducted by members of a research team drawn from around the world – Philippa Olive, Jude Towers, Brian Francis, Sofia Strid, Andrea Krizsán, Emanuela Lombardo, Corinne May-Chahal, Suzanne Franzway, David Sugarman, Bina Agarwal and Jo Armstrong – and assisted with information from people and agencies who were innovating approaches to stopping rape. We would like to thank the following people for their help and contributions: The European Parliament, for funding the underlying study, and in particular, Erika Schultz, for assisting with the project, including contributions to the editing of the original report (see Walby et al 2013). Comprehensive rape crisis services case study: Bobbi Gagne (SACT) and Michelle Barry (Southampton Rape Crisis). Australia case study: Bec Neill. Health case studies: Rachel Belk, Research Officer, St Mary’s Sexual Assault Referral Centre, Manchester; Jennifer Holly, Stella Project Mental Health Initiative Coordinator, AVA (Against Violence and Abuse), London; Jackie Patiniotis, reVision (formerly The Joint Forum), Liverpool, England; Bill Roberts, Locate Investigations Ltd; Bernie Ryan, Service Manager, St Mary’s Sexual Assault Referral Centre, Manchester; Dr Kylee Trevillion, Visiting Postdoctoral Research Fellow, Section of Women’s Mental Health, Health Service and Population Research Department, Institute of Psychiatry, King’s College, London; Dr Cath White, Clinical Director, St Mary’s Sexual Assault Referral Centre, Manchester; Liz Willows, Specialist Mental Health Independent Sexual Violence Adviser, The Haven, Paddington Sexual Assault Referral Centre, London. xii Stopping rape Cyber-rape case study: Awais Rashid. Mexican law case study: Deysi Cheyne, Ana de Mendoza, Ana Mar ía Moreno, Lorena Pajares, Guadalupe Portillo and Charo Rubio. #talkaboutit case study: Gustav Almestad. For commenting on the draft report, Liz Kelly (Child and Woman Abuse Studies Unit, London Metropolitan University). Most of all, we would like to thank victim-survivors of rape for their ongoing contributions to our knowledge. 1 1 Introduction Rape shatters lives. Its traumatising effects can linger for many years after the immediate pain and suffering. Rape is a consequence and a cause of gender inequality. It is an injury to health; a crime; a violation of women’s human rights; and costly to both the economy and society. Stopping rape requires changes to many policies and practices. There is no simple solution; rather, a myriad of reforms are needed to prevent rape. New policies are being innovated around the world, north and south, which are often intended to prevent rape and to support victims/survivors simultaneously. This book provides an overview of the current best practice from around the world for ending rape. In order to prevent rape, it is necessary to know what causes rape. The selection of the examples of good and promising practice in this book is guided by a theory of the causes of rape. The causal pathways that lead to rape involve many of society’s institutions. These pathways are embedded in the state and public services, including the criminal justice system and healthcare; culture, media and education; in other forms and contexts of violence; and in the economy. Stopping rape requires the effective mobilisation of all of these actors and institutions. It is not a single institution that needs to change, however: most social institutions need reform, and society needs transforming. Prevention is not a simple matter of changing attitudes such as by ‘educating’ boys, although every reform makes a contribution. Preventing rape requires reforms in the many institutions that make up the social system. This, 2 Stopping rape in turn, requires the deepening of the gender dimension of democracy, and a reduction in overall gender inequalities. The enormity of the task of preventing rape does not make it impossible. Stopping rape can be achieved step by step. In order to achieve this goal we need institutions that support the health and welfare of victims, deliver justice, deepen democracy, reduce gender inequalities, and reduce other forms of violence, as well as cultural change. The theories, evidence and practice presented in this book are a contribution to the knowledge base needed to prevent rape. ‘What works’ to prevent rape? This book is concerned with ‘what works’ to prevent rape. It identifies and evaluates recent strategies and policy practices from around the world, including the UK and the European Union (EU), drawing on the international academic and policy literature. Preventing rape requires reforms to policies for major institutions concerned with: strategy, planning and coordination; victim and healthcare services; law and the criminal justice system; conflict zones; culture, media and education; and the economy. Separate chapters of the book address the reforms needed in each of these policy fields. Strategy, planning and coordination Strategy is needed to guide effective policy development and its implementation. This requires the development of expertise as to ‘what works’ to reduce rape, followed by the mainstreaming of this expertise into all relevant fields of public policy. It requires coordination of the actions of a myriad of relevant institutions. It requires research, supported by data and statistics, to build theory about the causes of rape and in order to evaluate the effectiveness of policy practices. These developments depend on reform of the policy-making apparatus itself through the deepening of gendered democracy, for example, by reducing the gender imbalance in decision- making, from Parliament to the police. The developments concern: strategic planning; coordination; development of 3 Introduction specialist services for victim-survivors; research, data and statistics; and deepening gendered democracy. • Strategic planning: Effective interventions to stop rape require strategic planning at international, national and local levels. Countries need National Action Plans to map out the way forward.The strategic development of effective policy to stop rape requires both the development of specialist expertise and for actions by mainstream institutions to be routinely informed by such expertise. The concept and practice of ‘gender mainstreaming’ was developed when it was recognised that effective policy development for gender equality required both the development of specialist expertise, and also that normal policy actors incorporate these new practices into their mainstream work. There is often a tension between the specialist expertise and the mainstream, but this is, or at least can be, productive of deep positive changes in a broad range of policy developments. The concept of ‘mainstreaming’ is applied here to the policy and practices needed to stop rape. There needs to be both specialist units focused on the development of expertise in stopping rape, and also the application of this expert knowledge by normal policy actors in a wide range of mainstream policy domains. • Coordination of service provision: the multiplicity of responses from a myriad of specialist and mainstream services requires coordination at national and local level in order to be effective. There is a need for national-level coordination and funding of policies, and also local-level cooperation of the services needed to serve victims. At the local level, services need coordination in order to ensure that a focus on the needs of the victim is achieved.The international and regional levels are important for exchanging best practice. • Specialised services for victim-survivors: The development of specialised services focused on the needs of the victim- survivors is very important. • Research, data and statistics: strategic planning requires a knowledge base to provide the evidence to evaluate policy developments. It requires research, data and statistics. Policies need to be assessed to find out ‘what works’ best in particular 4 Stopping rape locations. It is necessary to know how frequent rape is and how it is patterned, which requires population surveys. It is necessary to know how successful services are in their specific contribution to the stopping of rape, which requires relevant administrative data. It is necessary to develop theories, tested against evidence, as to what causes rape in order to help the evaluation of what is effective in preventing rape. • Deepening gendered democracy: the development of a viable strategy to prevent rape requires the deepening of gendered democracy, reducing the gender imbalance in decision- making, so that women as well as men have an effective voice in the myriad of relevant institutions where decisions are made as to policy priorities.This includes the voices of those who have suffered rape. Deepening the gender dimension of democracy is part of the overarching strategy to develop the institutions, policies and practices needed to stop rape. It is unlikely that this can be achieved without a reduction in overall gender inequality. Victim services and healthcare systems It is important to look after the victim-survivors. The hurt and harms from rape are considerable and often long lasting. It is possible to mitigate the effects of rape by good practice, speeding healing and recovery. This is potentially offered both by specialised standalone support services and by expert practices based within mainstream health services. The health system is potentially an important source of assistance to victims of rape, helping them to recover, but, if poorly organised, it may exacerbate the problem. Looking after the victims of rape is not only important in its own right, but it also contributes to the effectiveness of preventative practices, for example, by helping victim-survivors to endure the gruelling processes of the criminal justice system to secure the convictions necessary to remove impunity from rapists. Survivors of rape also have the potential to contribute knowledge to assist the development of the best form of services for victims, to educate the public in the realities of rape, and to contribute to the improvement of policies. Strengthening the 5 Introduction ability of victim-survivors to contribute to these processes of deterrence, public education and policy reform is important for the prevention of rape in the future. Law and the criminal justice system Rape is illegal in most places in the world, but the implementation of laws against rape is notoriously inadequate and still needs reform. The purpose of the criminal justice system is to stop people from committing crime by deterrence through punishment, and by rehabilitation in prisons and treatment programmes. But most rapists are not convicted, which generates impunity. The deterrent effect of potential punishment depends on rapists being convicted in the courts. This requires reforms of the criminal justice system so that rapists are more usually convicted. This is not to promote a punitive state, but rather the development of a gender-sensitive state, which responds to the concerns of victim-survivors of rape. Conflict zones Rape is more common when other forms of violence are more common. Rape is more frequent in zones of conflict than of peace. The use of rape as a weapon of war has consequences for the long-term perpetuation of ethnic hatred and political instability. The absence of effective sanctioning of offenders can be significant in conflict zones, where informal interventions to sanction offenders may also be absent. Attempts to reduce the higher rates of sexual violence in conflict zones have included reducing the gender imbalance in decision-making in peacekeeping forces. Improving the gender balance in decision- making is important in decisional arenas, from peacekeeping to parliaments. Reducing war and other forms of violence is important for reducing rape. 6 Stopping rape Culture, media and education The prevention of rape requires the changing of minds so that no man wants to rape. The public declaration that rape is a crime, and hence wrong, offers significant symbolic power, which may be further enhanced by the successful use of criminal sanctions. But contemporary culture is ambiguous and contradictory on the status of rape, not least in the new social media. Aspects of pornography and the commercialisation of sex can contribute to gendered images that can be conducive to rape. Such ‘rape culture’ can have detrimental effects on the treatment of victims by the police, juries and others. Hence, culture, media and education have become additional sites of action to prevent rape. Economy Gender inequalities in the economy matter, since it is hard to recuperate from rape without a stable source of livelihood. In the case of domestic rape, where sexual violence may be part of domestic violence, of a pattern of coercive control by an intimate partner, economic inequalities are complexly entwined with vulnerabilities to rape and other violence. Further, higher rates of violence are in general associated with economic inequality: countries that have reduced rates of economic inequality have lower rates of violence. Hence action to reduce gendered economic inequalities can have immediate effects on the wellbeing and resilience of victim-survivors as well as longer- term effects on the structure of other institutions that could act to prevent rape. Rape and other forms of violence are linked to the economy. This perspective can be found within both the global north and south. There are at least two major strands to this approach identifying both processes in which violence damages the economy and those in which economic inequality produces violence. Research for The World Bank has identified violence as a detriment to economic development (Moser and Shrader, 1999). Redwood, a departmental director of The World Bank, notes: ‘Crime and violence erode physical, human, natural, and social 7 Introduction capital, undermine the investment climate, and deplete the state’s capacity to govern. Previously regarded as an issue of criminal pathology or human rights, violence is now recognized as a macroeconomic problem’ (quoted in Moser and Shader, 1999, p v). The negative impact of violence on the economy is identified in studies that estimate the cost of violence, in particular the cost of gender-based violence against women, for economy and society. In the EU, this is estimated to be €258 billion a year (Walby and Olive, 2014). There is also a causal pathway in the reverse direction, which appears to flow from economic inequality to violent crime, as Fajnzylber et al (1998) found in a study for The World Bank. Indeed, there are a multitude of criminological studies, largely based in the global north, finding that economic inequality is linked to violent crime, as in the meta-review of 63 studies by Chiricos (1987) of 34 studies by Hsieh and Pugh (1993), and the meta-analysis of over 200 studies by Pratt and Cullen (2005). This is part of a wider social science literature that links violence to other aspects of society (Walby, 2009, 2013; Ray, 2011; Walby et al, 2014). Further, reductions in the amount of resourcing for services to prevent violence against women (Towers and Walby, 2012) can have effects on the level of violence. Changes in the financing of services for victim-survivors can have an impact not only on their well-being but also on their ability to respond through engaging in the prosecution of the rapist and in public education about the realities of rape. These wider consequences of the funding of services for victim-survivors can assist the prevention of further rapes. Gender equality Each of these fields relevant to rape is shaped by wider gender inequalities in society. Policy interventions to prevent rape are linked to the wider policy field of gender equality. Addressing gendered inequalities in the economy, governance, security and culture can improve the likelihood of successful interventions in specific institutions that contribute to the prevention of rape. In particular, reducing gender imbalance in decision-making