Attrition and Rape Case Characteristics: A Profile and Comparison of Female Sex Workers and Non-Sex Workers.

573575 research-article2015

JIVXXX10.1177/0886260515573575Journal of Interpersonal ViolenceLea et al.

Article

Attrition and Rape Case Characteristics: A Profile and Comparison of Female Sex Workers and Non-Sex Workers

Journal of Interpersonal Violence 1–21 © The Author(s) 2015 Reprints and permissions: sagepub.com/journalsPermissions.nav DOI: 10.1177/0886260515573575 jiv.sagepub.com

Susan J. Lea, PhD,1 Lynne Callaghan, PhD,2 Iain Grafton, PhD,3 M. Aurora Falcone, PhD,1 and Steve Shaw, PhD2

Abstract The attrition of rape cases from the criminal justice system (CJS) remains high and there is a paucity of research in relation to marginalized groups. Sex workers (SWs) are vulnerable to sexual violence due to the nature of their work. They are also unlikely to report such violence to police for a range of reasons. Two stages of research sought to describe the victim, perpetrator, and offense characteristics of SW rape and to examine the attrition of these cases. All rapes and attempted rapes (N = 1,146) reported to police in a large city in the South West of England over a 21-year period were examined; 67 cases involved SWs. Data were extracted from police files in line with the variables of interest. Secondary analysis of the total number of SW rapes (n = 67) resulted in a profile of these cases. A matched pairs study revealed significant differences in victim, perpetrator, and assault characteristics between SW (n = 62) and non-sex-worker (NSW) samples (n = 62). Although no significant difference was found in terms of attrition

1King’s

College London, UK University, UK 3Devon & Cornwall Police, Plymouth, UK 2Plymouth

Corresponding Author: Susan J. Lea, Institute of Psychiatry, Psychology and Neuroscience, King’s College London, P.O. Box 49, De Crespigny Park, Denmark Hill, London SE5 8AF, UK. Email: [email protected]

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from the CJS, SW cases were observed to secure more convictions for rape than NSW cases. The implications of the findings for practice and future research are discussed. Keywords rape, attempted rape, sex workers, attrition, criminal justice

Introduction The attrition of rape cases from the criminal justice system (CJS) has been the subject of considerable research. However, studies tend to focus on the general population and there is a paucity of research examining attrition in relation to marginalized or vulnerable groups (Quadara, 2008; Taylor & Gassner, 2010). This article focuses on the attrition of rape and attempted rape cases involving female sex workers (SWs).

Sex Work and Sexual Violence Sexual violence has been identified by the World Health Organization (WHO) as a “serious public health and human rights problem” (WHO, 2014). Although prevalence figures vary, it is widely acknowledged that rates of physical and sexual violence against women and girls are high (Kennedy, 2013). Research suggests that for female SWs, rates of sexual violence are higher than for the general population (Du Mont & McGregor, 2004; George & Sabarwal, 2013; Kennedy, 2013; Maddox, Lee, & Barker, 2011, 2012; Penfold, Hunter, Campbell, & Barham, 2004), and even higher still for those involved in street-based sex work (Quadara, 2008). For example, studies cited by Busch, Bell, Hotaling, and Monto (2002) reported that between 68% and 75% of SWs were raped by clients. A large multi-country study on the impact of prostitution (Farley et al., 2003) found that 63% of the 854 SWs interviewed across nine countries had experienced rape. Indeed, violence from authorities, police forces, and clients is not uncommon (Fick, 2006; Rhodes, Simic, Baros, Platt, & Zikic, 2008). SW rape has been shown to involve greater levels of violence (Penfold et al., 2004) and, therefore, more severe injury (Kennedy, 2013) than rape in the general population. False assumptions still exist that the impact of rape on SWs is less than for non-sex workers (NSWs) due to the nature of their work. An early Standing Committee report on sexual violence in Australia noted, “Society’s traditional contempt for the sex industry profession and its


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marginalisation of SWs has meant that many men feel that they ‘may’ rape prostitutes and that these women deserve it” (cited in Bridgett & Robinson, 1999, p. 4). Indeed, rape is regarded as an occupational hazard for SWs, marginalizing them still further (Richardson & May, 2001, p. 309). However, rape affects all of its victims seriously involving physical and psychological sequelae in the short-, medium-, and long term (Taylor & Gassner, 2010). There is considerable evidence that rape and attempted rape cases are generally under-reported to the police (Lees, 1993; Reinders, 2006). Taylor and Gassner (2010) have identified specific barriers including fear of retribution by the offender, fear of being blamed for the rape, feelings of shame and embarrassment, and lack of confidence or trust in the legal system and/or police. SWs are even less likely to report to the police (Gilbert, 1993). The “hidden” (Bridgett & Robinson, 1999) and “secretive” (Seib, 2007) nature of sex work, and SWs’ marginalized and stigmatized status, has been linked to both under-reporting and non-disclosure. SWs continue to report disbelief, lack of compassion, and issues around their credibility as factors in attrition (Bieneck & Krahe, 2011; Taylor & Gassner, 2010). In countries where prostitution is illegal, SWs are very unlikely to approach the police for assistance. In England and Wales, prostitution itself (the exchange of sexual services for money) is legal. However, a number of related activities, including soliciting in a public place, kerb crawling,1 owning or managing a brothel, pimping, and pandering, are crimes. Violence toward SWs can be understood as part of a broader pattern of violence against women. Sexual violence represents men’s entitlement to women’s bodies (Gavey, 2005) within a societal structure that gives men power over women (Busch et al., 2002) and the right to exercise their “natural” sexual urges (Jordan, 2004). Thus, a psychological profile of men who rape SWs has not been identified. Offenders are largely indistinguishable from non-offenders (Busch et al., 2002; Hollin, 2005), rather than being “sick men” (Joseph & Black, 2012).

Attrition Attrition is defined as “the process whereby cases drop out of the CJS at one of a number of potential points of exit” (Lea, Lanvers, & Shaw, 2003, p. 583). Four points of attrition have been identified: (a) the police decide whether an offense has occurred or not (“no crime”), (b) the police decide whether to refer the case to the Crown Prosecution Service (CPS) or take no further action (NFA), (c) the CPS decide whether to pursue prosecution of the defendant or take NFA, and (d) the jury decide whether to convict the defendant or not. As a result of under-reporting, the largest number of cases is lost through victims


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choosing not to report to the police in the first place (Horvath & Brown, 2009). Furthermore, the victim may also choose to withdraw the complaint. Attrition rates have been found to be consistently high across countries despite legislative and procedural reforms (Jordan, 2011; Lea et al., 2003; Quadara, 2008) to enhance reporting, victim experience with the legal process, and the conviction of offenders. In the United Kingdom, four areas of reform have been seen: the Sexual Offenses Act (2003), the introduction of Statutory Charging (2006), new Home Office Counting Rules regarding nocriming in 2003, and the introduction of Sexual Assault Referral Centers (SARCs; opened in 2007 in the city in which the research was conducted). Attrition research is complex to understand due to the multifarious approaches taken, the different definitions used, and the contextual variations in study sites. However, relatively recently, Daly and Bouhours (2010) have synthesized more than 90 rape and sexual assault attrition studies identified across five English-speaking countries. The authors found average rates of conviction to have declined over the past three decades in Australia (17%-11.5%), Canada (26.5%-14%), and England and Wales (24%-10%), but not in the United States (13%-14%) and Scotland (18%-17.5%) where they remained largely similar. Furthermore, they found variations in attrition rates at different points of exit across countries and time, and a shift in the factors associated with conviction. A range of factors have been found to be associated with attrition (cf. Munro & Kelly, 2009) relating to the victim (including specific characteristics such as victims’ credibility, her relationship with the offender, and evidence of attack such as injuries, etc.), the offender (including characteristics, “character” and associated credibility, criminal history, etc.), and the offense (location, use of force or weapon, duration, time before report, etc.). Some of these factors are elevated in the case of SWs, as noted above. Both police officers and jurors have also been shown to be influenced in their decisionmaking by gender stereotypes and what constitutes normative sexual scripts (see Darwinkel, Powell, & Tidmarsh, 2013; Ellison & Munro, 2010). The existence of rape myths (Scutt, 1994), and particularly of a “real rape” script (being raped by a stranger and involving victim resistance/injuries and rapist force), continues to affect prosecutions and convictions (Anderson & Doherty, 2008; Bohner, Eyssel, Pina, Siebler, & Viki, 2009; Spohn & Holleran, 2001).

Present Study The aim of this research was to contribute to the current understanding of the process of attrition from the CJS of cases of rape and attempted rape in relation to the SW population. Although a sizable literature exists pertaining to


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sex work and to attrition independently, there is a paucity of research into the rape of SWs, including limited work “describing victim and assault related characteristics of sexually assaulted sex workers” (Du Mont & McGregor, 2004, p. 82). The present study, therefore, sought to address this lacuna. Specifically, the research aimed to (a) describe the victim, offender, and offense characteristics of cases of SW rape and attempted rape; (b) describe the progress of these cases through the CJS, particularly in relation to attrition and outcome; (c) compare SW and NSW cases of rape and attempted rape in terms of victim, offender, and offense characteristics; and (d) compare SW and NSW cases of rape and attempted rape in relation to attrition and CJS outcome.

Method This study formed part of a larger research project examining the attrition of rape cases from the CJS over a 21-year period in a large city in the South West of England. Secondary analysis of the data with specific reference to SWs was performed to achieve the aims above through two stages of research. The first stage comprised a descriptive examination of all SW reports of rape over the 21-year period; the second stage used a matched pairs design to compare SW and NSW cases. A matched pairs design was used to mimic a randomized trial and make the SW and NSW groups similar in terms of the distribution of potential confounding factors. Moreover, this design enabled the reduction of the effect of any bias caused by the under-reporting of SWs as discussed above. Ethical approval for the research was obtained from the Human Ethics Sub-Committee of the University of Plymouth. An information-sharing agreement was approved by the chief constable of the relevant police service.

Case Identification and Data Collection All cases of rape and attempted rape reported to a police force in the South West of England over the 21-year period (January 1, 1992, to December 31, 2012) were identified using the Police Criminal Intelligence System (CIS). This period was selected as it represented the full period during which electronic crime records were created and available. Data were extracted by the third author, a serving police officer, under the guidance of the first and second authors, both of whom were trained in the use of CIS. All cases within the following crime categories were selected: female rape, male rape, female attempted rape, and male attempted rape. Cases involving the rape or attempted rape of an individual under the age of 18 were excluded from the study as the focus of the research was adult rape.


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A total of 1,146 cases were identified. These included 999 female rape, 66 male rape, 78 attempted female rape, and 3 attempted male rape cases. Of the 1,146 cases, 67 (6%) were reported by individuals who identified themselves as SWs, comprising 58 cases of rape and 9 of attempted rape. The individual CIS reports associated with each of the 67 cases were scrutinized, and the details transcribed into a tabulated spreadsheet in line with the defined victim, suspect, and offense variables. The data collection process was piloted on five cases before extraction of the full 67 cases.

Case Matching The SWs were matched with NSWs from the remaining 1,079 cases to analyze the effect of SW status on attrition and criminal justice outcome as per the aims of Stage 2. SWs and NSWs were matched on the demographic variables of gender, age, and ethnicity to reduce the effect of confounding variables. Research in the United Kingdom has suggested that the majority of reported rape cases are associated with White, female, and younger women (Lea et al., 2003). Furthermore, all of the SWs in the total sample were female and White. SWs and NSWs were also matched for type of violence, and year of report (within a 2-year window). Year of report was important due to the changes potentially affecting attrition described earlier. Type of violence was controlled for as studies suggest that SWs experience higher levels of violence in rape and sexual assault (Penfold et al., 2004) and sustain more severe injuries (Kennedy, 2013) than the general population. The associated physical evidence may result in these cases having a higher likelihood of progressing through the CJS. Matching was achieved for 62 of the 67 SW cases.

Analysis Due to the largely nominal and ordinal nature of the data, analysis was restricted to descriptive statistics and non-parametric chi-square tests. A significance level of .05 was set throughout.

Findings Stage 1: A 21-Year Profile of the Rape of SWs Victim characteristics. Demographic characteristics for the 67 SWs are summarized in Table 12 and reveal that all of the victims were female. The majority were White, under the age of 35, single, and lived within the city where the study was conducted.



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0% (0) 37.3% (25)

Asian

0% (0) 10.5% (7)

Unknown

0% (0) 41.7% (28)

Unknown

0% (0) 32.8% (22)

Sex workers Suspects

Ethnicity % (n)


Marital Status % (n)


Residential Status % (n)


94% (63) 49.3% (33)

Plymouth Resident

12% (8) 12% (8)

Married/Co-Habiting

0% (0) 1.5% (1)

Black

0% (0) 25.4% (17)

Associate Unknown Professional/Technical

100% (67) 0% (0)

Female

Occupation % (n)

Male

Gender, % (n)

62.7% (42) 23.9% (16)

0% (0) 100% (67)

0% (0) 25.4% (17)


18-25


Unknown

Age, % (n)

1.5% (1) 4.5% (3)

Adjacent County

86.5% (58) 29.9% (20)

Single

94% (63) 82% (55)

White British

0% (0) 1.5% (1)

Employed

28.3% (19) 17.9% (12)

26-35

Table 1. Demographic Characteristics of Sex Workers and Suspects.

1.5% (1) 13.4% (9)

Visitor to Plymouth

1.5% (1) 14.9% (10)

Separated/Divorced

3% (2) 6% (4)

White Other

0% (0) 34.3% (23)

Unemployed

9% (6) 19.4% (13)

36-50

3% (2) 0% (0)

No Fixed Abode

0% (0) 1.5 (%1)

Other

3% (2) 0% (0)

Mixed

0% (0) 1.5% (1)

Student

0% (0) 13.4% (9)

50+

100% (67) 0% (0)

Sex Worker

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The suspect was reported to be a stranger in the large majority (n = 44, 66%) of cases. The remaining cases comprised a husband, boyfriend, or expartner (n = 4, 6%); friend (n = 11, 16%); co-worker (n = 2, 3%); or were unspecified (n = 6, 9%). At the time of the incident, the majority of victims (n = 42, 63%) had consumed alcohol; in terms of drugs, 12 (18%) had consumed a Class A3 drug (e.g., heroine, ecstasy, cocaine), 3 (5%) a Class B drug (e.g., cannabis, amphetamines/barbiturates), and in 2 (3%) cases the substance was unspecified. A small number (n = 8, 12%) had consumed neither alcohol nor drugs. Just over one third of SWs (n = 21, 31%) were recorded as repeat victims. Suspect characteristics. Where the case remained undetected4,5 by the police, the demographic characteristics of the perpetrator were obviously unknown. Of the 42 (63%) identified suspects, all were male. Further demographic characteristics are summarized in Table 1. At the time of the offense, almost half (45%) of the known suspects were reported to have consumed alcohol. Only 1 (2%) had consumed a Class B drug. In the remaining cases, the suspect had either not consumed drugs or alcohol (15%) or use was unknown (39%). One fifth (21%) of suspects were recorded as repeat suspects. Offense characteristics. Offenses against SWs took place more commonly on Fridays (n = 12, 18%), Saturdays (n = 11, 16%), and Sundays (n = 10, 15%), but offenses occurred throughout the week. With the exception of one case that involved two men,6 all involved a single suspect. Initial contact with the victim was made in the street for the majority of cases (n = 41, 61%). One fifth of the victims had some sort of relationship with the suspect at the time of the offense and so an initial place of contact was not recorded (n = 14, 21%) or was unknown (n = 1, 2%). In the remaining cases (n = 11, 16%), contact occurred in a variety of places including a public house, nightclub, public open space, and at work. The most common locations for the offense were the suspect’s vehicle, accounting for over a quarter of cases (n = 18, 27%) and the suspect’s home, accounting for nearly a further fifth of cases (n = 12, 18%). The remaining cases took place in a variety of locations including the victim’s home, street, open public space, commercial premises, toilet, car park, brothel, and the victim’s workplace. In two cases, the offense occurred in the joint home. A total of 13% (n = 9) of cases involved attempted rape. Of the remaining cases, the majority comprised vaginal rape (n = 35, 52%); however, just over a fifth (n = 14, 21%) involved multi-orifice rape. A further 9% (n = 6) comprised oral rape and the remainder were reported as anal rape (n = 1, 2%), digital rape (n = 1, 2%), or rape using an object (n = 1, 2%). Approximately


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three quarters (n = 49, 73%) of SWs reported violence in addition to the rape itself. Such violence included reporting general violence (n = 9, 13%), punching (n = 8, 12%), biting (n = 1, 2%), violence sustaining “actual bodily harm” (n = 1, 2%), violence sustaining “grievous bodily harm” (n = 2, 3%), violence involving use of a knife (n = 11, 16%), verbal abuse (n = 3, 4%), restraint (n = 3, 4%) in the form of gagging (n = 1, 2%) and binding (n = 2, 3%), and threats of violence (n = 11, 16%). A condom was reported to have been used in 12% (n = 8) of cases. The majority (n = 50, 75%) did not involve the use of a condom or the victim was unsure (n = 8, 12%) of use. The large majority of cases (n = 55, 82%) lasted less than an hour, with 13% (n = 9) lasting between 1 and 4 hr and the duration of 5% (n = 3) being unknown. CJS attrition and outcome. A high proportion of cases (n = 55, 82%) were reported within 3 days of the offense. The remaining cases were reported within a period of 4 to 7 days (n = 6, 9%), 8 days to 6 months (n = 5, 8%), or between 7 months and a year (n = 1, 2%). According the police files, with regards to the “status of the offense,” the majority of offenses remained undetected (n = 41, 61%); approximately a third were detected (n = 21, 31%) and a minority were no crimed (n = 5, 8%). The victims withdrew their complaint in 9% (n = 6) of the cases. The majority (n = 46, 69%) of the cases were reported prior to the opening of the city’s SARC in 2007. Of the cases that occurred after the SARC opened, two thirds (n = 45, 67%) reported the offense both to the police and the SARC and one third (n = 22, 33%) reported only to the police. Criminal justice outcomes for all SW rapes were examined to explore the attrition of cases. The most common outcome, constituting a quarter of cases, was NFA by the CPS (n = 17, 25%). A further quarter were NFA by the police, undetected (n = 16, 24%) or detected (n = 1, 2%). A fifth of cases went to trial (n = 13, 19%). The outcomes of the remaining cases were as follows: no crime (n = 4, 6%), pending charge of rape (n = 3, 4%), and suspect not identified (n = 13, 19%). Of the cases that proceeded to trial, the large majority (n = 10, 77%) resulted in a conviction of rape; 1 (8%) case resulted in a conviction for a lesser offense and in 2 (15%) cases, the suspect was found not guilty.

Stage 2: A Comparative Analysis of SW and NSW Rape Data for the matched SWs (n = 62) and NSWs (n = 62) were compared. Over the 21-year period studied, the number of rapes reported to the police by SWs and NSWs increased similarly (refer Figure 1). A slightly greater increase was seen around 2002-2003, possibly in response to the reforms described earlier.


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Offence year 25 20 15 Sex workers Non sex workers

10 5 0 1992-1996

1997-2001

2002-2006

2007-2012

Figure 1. Number of rapes/attempted rapes reported over the 21-year period.

Victim characteristics. SW and NSW victims, as noted, were matched for gender, age, ethnicity, type of violence, and period of reporting. The majority of victims were young, with 61% (n = 76) in the 18 to 25 age range. The remaining victims were between 26 and 35 (n = 37, 30%), 36 and 50 (n = 10, 8%), or above 50 (n = 1, 1%) years of age. All were White. Over half (n = 34, 55%) of the NSWs stated their occupation as unemployed or stay-at-home mums; the remainder were employed in a variety of occupations. A number of significant differences were found between the SW and NSW samples regarding victim characteristics. Thus, a significant difference (p < .001) was found in relation to victims’ marital status. NSWs were more likely than SWs to be married/cohabiting (n = 17, 27% compared with n = 5, 8%) or divorced/separated (n = 8, 13% compared with n = 1, 2%). Furthermore, there was a significant difference (p < .001) between SWs and NSWs in terms of the relationship between the suspect and the victim. NSWs were more likely than SWs to know the rapist (n = 47, 76% compared with n = 19, 31%, respectively); such relationships included marriage (n = 0, 0% SWs vs. n = 15, 24% NSWs), ex-partner (n = 1, 2% SWs vs. n = 3, 5% NSWs), and friendship (n = 11, 18% SWs vs. n = 25, 40% NSWs). In 69% (n = 43) of SW compared with 24% (n = 15) of NSW cases, the rapist was a stranger. A significant difference (p < .001) was also found in respect of the victim’s consumption of alcohol or drugs. SWs were more likely than NSWs to have taken Class A or B drugs (n = 15, 24% compared with n = 3, 5%) and, to a lesser extent, more likely than NSWs to have imbibed alcohol (n = 39, 63%


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compared with n = 34, 55%). Finally, a significant difference was found with respect to repeat victim status recorded on the police database. SWs were much more likely than NSWs to be repeat victims (n = 21, 34% compared with n = 3, 5%; p < .001). Suspect characteristics. Suspects, where identified, were generally fairly similar across both samples, with just one significant difference being found. Thus, suspects ranged in age across both samples although 13% (n = 8) of SWs were raped by a male older than 50 compared with 2% (n = 1) of NSWs. The majority of rapes were carried out by a White male (n = 54, 87% SWs vs. n = 56, 90% NSWs), with a small minority of cases involving a suspect of Asian (n = 7, 11% SWs vs. n = 2, 3% NSWs) or Black ethnic background (n = 1, 2% SWs vs. n = 4, 6% NSWs). A very similar profile of occupational and marital status was found across both groups, with the majority of suspects being unemployed (n = 21, 34% SWs vs. n = 27, 44% NSWs). Alcohol and drug consumption also revealed a similar pattern across the two samples with SW suspects showing slightly lower consumption that those who raped NSWs (n = 30, 48% and n = 38, 61%, respectively). A significant difference (p = .024) was found between SW and NSW samples with respect to the alleged perpetrator being recorded as a repeat offender with SW cases involving more repeat offenders (n = 14, 23%) than NSW cases (n = 5, 8%). Offense characteristics. A number of significant differences were found in the offense characteristics of SW and NSW rapes. A very similar number of rape and attempted rapes of SWs and NSWs were recorded under both acts operating over the time period of this research. However, a significant difference was found in the type of rape experienced by SWs and NSWs (p = .027) when comparing vaginal against all other forms of rape. Vaginal rape is less common in SWs (n = 32, 52% SWs vs. n = 44, 71% NSWs) who experience more multi-orifice (n = 13, 21% SWs vs. n = 8, 13% NSWs) and oral rape (n = 6, 10% SWs vs. n = 1, 2% NSWs). Anal rape and digital or object penetration showed similarly low levels in both samples. Although type of violence was matched for SWs and NSWs, there did appear to be a trend in the data specifically in relation to the use of a knife and punching. Thus, in 18% (n = 11) of SW compared with just 5% (n = 3) of NSW cases, a knife was used, and 13% (n = 8) of SW versus 6% (n = 4) of NSW cases involved punching. In both samples, the majority of rapes either did not involve the use of a condom or the victim was unsure as to condom use. Slightly more SW cases (n = 8, 13%) as opposed to NSW cases (n = 3, 5%) involved use of a condom. The duration of the offense was similar across both samples with most offenses lasting less than an hour (n = 50, 81% SWs vs. n = 54, 87% NSWs),


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followed by 1 to 4 hr (n = 9, 15% SWs vs. n = 3, 5% NSWs), and 5 to 24 hr (n = 0, 0% SWs vs. n = 1, 2% NSWs). Duration was unknown in 5% (n = 3) of SW and 6% (n = 4) of NSW cases. Similar numbers of incidents occurred across all days of the week for both SWs and NSWs with the weekend showing slightly higher rates of rape. A very slight trend toward SWs being more likely to be raped on a Friday was discernible (n = 12, 19% SWs vs. n = 6, 10% NSWs). A significant difference (p = .001) was found between SWs and NSWs regarding the venue for initial contact between the victim and suspect. For SWs, the initial contact was more likely to have been the street (n = 39, 63% SWs vs. n = 8, 13% NSWs), but less likely to be a pub/club or location linked to the nature of their existing relationship (e.g., family). A location related to an existing relationship was the most common in NSW cases (n = 27, 44%). A significant difference (p = .001) was also found between SWs and NSWs in relation to the location of the offense itself. SWs were more likely to be raped in a suspect’s home/vehicle/workplace (n = 27, 44% SWs vs. n = 11, 18% NSWs) and less likely to be raped in the home/vehicle/workplace shared with the suspect (n = 1, 2% SWs vs. n = 13, 21% NSWs). For SWs, the greatest number of rapes (n = 17, 27% SWs vs. n = 2, 3% NSWs) took place in the suspect’s vehicle, whereas for NSWs the greatest number of rapes occurred in the joint home (n = 12, 19% NSWs vs. n = 1, 2% SWs). Time between offense and reporting was similar for both SWs and NSWs, with the majority of reports made in 3 days or less (n = 53, 85% SWs vs. n = 50, 81% NSWs). In most cases from both samples (n = 43, 69% SWs and n = 44, 71% NSWs), the SARC had not yet opened in the city. Where the SARC was available to victims, 21% (n = 13) of SWs as compared with 10% (n = 8) of NSWs reported to both the police and the SARC. CJS attrition and outcome. Attrition was examined through exploring the criminal justice outcome of each case. The number of cases in each of the following categories was generally similar: suspect not identified (n = 13, 21% SWs vs. n = 12, 19% NSWs cases), NFA by either the police, CPS, or both (n = 31, 50% for both SWs and NSWs), convicted of a lesser offense (n = 0, 0% SWs vs. n = 1, 2% NSWs), or the case was pending but the suspect had been charged with rape (n = 3, 5% SWs vs. n = 2, 3% NSWs). The majority of cases in both samples remained undetected (n = 38, 61% SWs vs. n = 36, 58% NSWs) with a lesser proportion detected (n = 20, 32% SWs vs. n = 19, 31% NSWs). A small number of victims withdrew their complaint in both groups (n = 4, 6% SWs vs. n = 7, 11% NSWs). Criminal justice outcome approached statistical significance (p = .051) and showed that cases involving SWs are more likely to secure a conviction


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CJS outcomes 16 14 12 10 8 6

Sex workers

4

Non sex workers

2 0

Figure 2. CJS outcomes for matched sex worker and non-sex worker cases.

Note. NFA = no further action; CPS = Crown Prosecution Service; CJS = criminal justice system.

(n = 10, 16% as opposed to n = 2, 4% for NSW) and less likely to be “no crimed” or “not guilty after trial” (refer Figure 2). Thus, 10 (16%) SW cases achieved a conviction for rape whereas 1 (2%) NSW case achieved this outcome and a second NSW case (2%) led to conviction for a lesser crime. Conversely, in 9 (15%) NSW cases compared with 2 (3%) SW cases, the suspect was found not guilty after trial. A profile of rape convictions versus acquittals. Due to the slightly unanticipated finding regarding the conviction and acquittal of SW and NSW cases, it was decided to examine the victim, suspect, and offense characteristics of these cases specifically, although small numbers precluded statistical analysis. A number of trends were revealed, the strongest of which was the relationship between the victim and the suspect. The suspect was a stranger to the victim in the majority of SW cases (70%) and, conversely, was known to the victim in the majority of NSW cases (89%); furthermore, of the NSW cases, over half involved an existing or previous partner and the sexual violence formed part of a pattern of domestic abuse. The initial location for contact and the location of the rape itself reflected these relationship differences. Thus for SWs, contact was usually initiated in the street or a public open space (80%) and the rape was perpetrated in the car or home of the suspect


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(50%), the street or alley (40%), or a brothel (10%). For NSWs, there were no data for initial contact location in most cases (78%) as the victim and suspect had an existing relationship, and the majority of rapes took place in the victim’s home or the joint home (67%). The nature of the rape was also somewhat different between the two groups. Thus, although violence was controlled for, a number of SW rapes involved use of a knife and one resulted in “grievous bodily harm”; neither of these features was present in any of the NSW cases. In addition, 60% of SW cases involved penetration other than vaginal rape, a finding not mirrored in the NSW cases. The majority of suspects of SW rape were in the youngest age range (50% were between 26 and 35 years of age) whereas the majority of NSW rape suspects were slightly older (50% were 26-35 years old). There were no differences in suspect ethnicity or consumption of alcohol, and the majority were unemployed (70% SWs vs. 78% NSWs). Although both groups involved repeat offenders, a higher number of SW perpetrators were repeat offenders (78% compared with 44% in NSW cases). Rape victims differed on two variables: repeat victim status and drug and alcohol use. Seventeen percent of SWs but no NSWs were recorded as repeat victims in the police record. A more meaningful trend concerned drug and alcohol use. The majority of the SW victims (78%) had consumed drugs or alcohol (42% and 25%, respectively) whereas one of the NSW victims had consumed drugs, but 55% had consumed alcohol. No trends were evident in relation to the duration of the offense and time before reporting to the police. In general, the NSW cases took place earlier than SW cases in the 21-year data set; thus in 17% of SW rape cases, victims reported to the SARC as the facility was available in the city at that time.

Discussion This research set out to explore the victim, suspect, and offense characteristics as well as the attrition and CJS outcome of SW cases of rape reported to the police, and to compare these with matched NSWs. In line with previous research (e.g., Reinders, 2006), low rates of reporting by SWs were found. SWs’ marginalization and stigmatization (Quadara, 2008) as well as their lack of trust in the response of police and in the CJS generally (e.g., Bridgett & Robinson, 1999; Fick, 2006; Taylor & Gassner, 2010) may be affecting reporting in this study. Unfortunately, despite reforms and initiatives around sexual violence and some increase in reporting for both SWs and NSWs, it would seem that barriers remain in the research site to SWs reporting of rape.


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Violence was controlled for in the matched component of this study due to the high levels of violence perpetrated against SWs (Du Mont & McGregor, 2004; Farley et al., 2003; Penfold et al., 2004). Nevertheless, the nature of the violence differed between SW and NSW groups, with SWs experiencing more multi-orifice and oral rape, use of a knife, and punching. SWs were also more likely to be repeat victims attacked by a repeat offender. The characteristics of the SW cases suggest that the majority involved street-based SWs and their clients. Violence has been found to be especially high for this type of sex work (Quadara, 2008) and it has been argued that street-based SWs are at particular risk as perpetrators believe that they can get away with it (Bridgett & Robinson, 1999). In the United Kingdom, the National Ugly Mugs Scheme, initially funded by the Home Office, alerts SWs to people who may be dangerous. It has been successful in making the lives of SWs safer and bringing to justice those who perpetrate violence and other crimes against them (National Ugly Mugs Scheme). These sorts of initiatives should be sustainably funded and more widely implemented. Given the barriers to reporting, it is possible that when SWs do report to the police, this is because the rape has been particularly violent or resulted in serious injury. It was for this reason that our samples were matched on violence. Further research is needed to examine the conditions under which SWs choose to report rape or not to the police to inform changes to police practice and wider criminal justice reform. Such reforms should involve building constructive relations with the SW community, encouraging reporting, and police training around SWs and the violence perpetrated against them. In England and Wales, there are a small number of independent sexual violence advisors (ISVAs) who work exclusively with SWs. ISVAs are victim-focused advocates who support victims of sexual violence to access the services they need (Home Office, 2013), including supporting them to report and remain engaged with the CJS. As ISVAs work in partnership with others to support victims, expansion of specialist SW ISVAs could assist in tackling low reporting and in facilitating positive police engagement with victims. The attrition of cases in both SW and NSW samples was high and showed a similar profile with the majority of cases undetected and around half of cases deemed as NFA. However, the trend in relation to conviction in SW versus NSW cases was perhaps surprising, particularly in light of the stigmatized status of SWs in the eyes of the public (Anderson & Doherty, 2008) as well as the CJS (Taylor & Gassner, 2010). Further examination of the data revealed that the majority of successfully prosecuted SW cases involved a stranger whereas the majority of unsuccessfully prosecuted NSW rapes formed part of a pattern of domestic violence. This finding could be understood in terms of the role of rape myths and stereotypes. Research


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has consistently shown a variable or poor response on the part of the CJS to victim reports of domestic abuse despite considerable reforms and pockets of good practice (Harne & Radford, 2008; Her Majesty’s Inspectorate of Constabulary, 2014). On the other hand, the majority of SW cases achieving a conviction for rape fitted closely with the “real rape” script that has been shown to increase the likelihood of prosecution and conviction (Anderson & Doherty, 2008; Bohner et al., 2009). The successful prosecution of some SW rape cases should be viewed positively, and could be seen as evidence of police awareness that sex offenders prey on SWs precisely because they are vulnerable and unlikely to report (Bridgett & Robinson, 1999). However, the nature of the rapes that achieved convictions, coupled with the very low numbers reporting in this study, suggests that much more needs to be done to improve police attitudes and practice, as well as to empower SWs.

Limitations Although this research has yielded new insights into the reported rape of SWs, the study suffers a number of limitations. Therefore, the findings should be interpreted with caution and not generalized beyond SW rapes reported to the police. First, the data were extracted from police files and consequently limited to the information recorded in those files. Only individuals who disclosed their SW status to the police would have this recorded in their case file. Some SWs may have chosen not to disclose their status for similar reasons governing SWs’ under-reporting. These cases, therefore, would have been categorized as NSWs. Although the chances are relatively low (67 matched NSWs selected from a total of 1,079), it is possible that such a case both existed and ended up in the matched NSW sample. Furthermore, information as to whether the alleged perpetrators were clients of the SWs was not available in the files. Second, despite covering a 21-year period, the number of SWs in the total sample was relatively small and all of the victims were female and White. These figures suggest considerable under-reporting by SWs in general and by male and minority ethnic group SWs in particular. Third, the sample size coupled with the largely nominal and ordinal nature of the data limited the statistical analyses that could be performed. Finally, it was necessary to use 21 years’ worth of data to secure a sample of just 67 SWs. However, over the 21 years of this study, various legislative and other changes were introduced to enhance criminal justice for victims of rape. Although the potential impacts of these changes on the research were controlled for, the findings of this research must be regarded as exploratory.


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Conclusion In conclusion, this research sought to enhance the understanding of the rape of SWs in cases reported to the police, including attrition and criminal justice outcome. Overall, the findings suggest that considerable further work is needed to increase access to the CJS for SWs who have been victims of sexual violence. The study has implications for future research, policy, and practice. More research is needed into sexual violence perpetrated against SWs, both reported and unreported, as well as into the responses of the public and the police and wider criminal justice system to SW rape cases. Policy pertaining to those services that support sexual violence should specifically address SWs and the distinct nature of the support they require. A focus on police training and the monitoring and auditing of cases is required to ensure that SWs have fair and equitable access to justice. Finally, these reforms and initiatives must be set within continued resistance to a “rape-supportive culture” (Rozee & Koss, 2001) and broader patterns of violence against women and girls. Declaration of Conflicting Interests The author(s) declared no potential conflicts of interest with respect to the research, authorship, and/or publication of this article.

Funding The author(s) disclosed receipt of the following financial support for the research, authorship, and/or publication of this article: This work was supported by a small, ad hoc grant from Devon and Cornwall Police reflecting their commitment to academicpractice collaboration and the pursuit of sensitive research.

Notes 1.

Kerb crawling refers to the action of driving around an area frequented by sex workers (SWs), who wait on the pavement or “kerbside,” with a view to engaging their services. 2. Percentages have been rounded off to the nearest whole number for readability. This means that in some cases, percentages sum to 101%. 3. Classes A, B, C, and so on are used as a system of classifying controlled drugs (street or prescription) according to the harm they cause. Penalties for possession/supply are reflected by the classification. 4. Detected/undetected are terms applied to the status of police crime reports. Detected reports are those where someone has been charged with an offense or reported for summons for an offense. Undetected reports are those where this is not the case. “Detected” indicates that a person has been put before the Court by the police; however, the Court will determine the individual’s guilt or otherwise in relation to the charged offense.


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5. Where there might be inconsistencies in the data, these are attributable to police recording of suspect characteristics as reported by the victim, inaccurate or incomplete recording by police, or some details in paper-based files not having been uploaded into the Criminal Intelligence System (CIS) system. 6. If a victim reports two perpetrators, this would be recorded. Once investigated, the police record should be amended to show whether or not there was more than one suspect. However, this may not have occurred, as there were data on just one suspect in this case. Furthermore, it is possible that only one suspect was proceeded with and, therefore, the finalized crime report shows a single suspect despite the presence of two in the first instance.

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National Ugly Mugs Scheme (NUM). Retrieved from https://uknswp.org/um/ Penfold, C., Hunter, G., Campbell, R., & Barham, L. (2004). Tackling client violence in female street prostitution: Inter-agency working between outreach agencies and the police. Policing & Society, 14, 365-379. Quadara, A. (2008). Sex workers and sexual assault in Australia: Prevalence, risk and safety. ACSSA Issues 8. Melbourne: Australian Institute of Family Studies. Reinders, G. (2006). Women’s reactions to a realistic rape portrayal and the influence of feminist identity and rape myth acceptance (Doctoral dissertation). University of Missouri, Columbia. Rhodes, T., Simic, M., Baros, S., Platt, L., & Zikic, B. (2008). Police violence and sexual risk among female and transvestite sex workers in Serbia: Qualitative study. British Medical Journal, 337, 560-563. Richardson, D., & May, H. (2001). Deserving victims? Sexual status and the social construction of violence. Sociological Review, 47, 308-331. Rozee, P. D., & Koss, M. P. (2001). Rape: A century of resistance. Psychology of Women Quarterly, 25, 295-311. Scutt, J. A. (1994). Judicial vision: Rape, prostitution and the “chaste woman.” Women’s Studies International Forum, 17, 345-356. Seib, C. (2007). Health, well-being and sexual violence among female sex workers: A comparative study (Doctoral thesis). Queensland University of Technology, Brisbane, Australia. Spohn, C., & Holleran, D. (2001). Prosecuting sexual assault: A comparison of charging decisions in sexual assault cases involving strangers, acquaintances, and intimate partners. Justice Quarterly, 18, 651-688. Taylor, C. S., & Gassner, L. (2010). Stemming the flow: Challenges for policing adult sexual assault with regard to attrition rates and under-reporting of sexual offences. Police Practice and Research, 11, 240-255. World Health Organization. (2014). Retrieved from http://www.who.int/en/

Author Biographies Susan J. Lea is a professor and dean of education at the Institute of Psychiatry, Psychology and Neuroscience, King’s College London. She trained as a community psychologist and her research interests lie in the field of social justice. Her current psychological research focuses predominantly on sexual and domestic violence. Lynne Callaghan is a community psychologist and senior research fellow working on a number of projects related to forensic mental health services, the delivery of a complex intervention for prison leavers with common mental health problems, and domestic and sexual violence. Iain Grafton retired from Devon & Cornwall Police as Detective Superintendent in 2013. He has an MSc in police science and leadership and has worked in collaboration with academics on a number of research projects. He was awarded an MBE in 2011 for services to policing and now works as a consultant.


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M. Aurora Falcone is a postdoctoral research fellow at the Institute of Psychiatry, Psychology and Neuroscience, King’s College London. Her research focuses on the nature of reasoning in psychosis and non-clinical groups. She has interests in social justice, and is currently involved in research involving victims of sexual violence. Steve Shaw is an associate professor/senior lecturer in statistics at the School of Computing and Mathematics, Plymouth University, UK. He has a PhD in environmental sciences from Lancaster University. His research interests include medical statistics, an area is which he has published widely.


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