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The Stigmas and Myths of Sexual Assault 
The Stigmas and Myths of Sexual Assault 

Two of the most alarming statistics I have encountered – and seen support of in our practice – are: (1) as much 95% of sexual assaults go unreported, and (2) less than 3% of rapists end up in prison. Why aren’t victims reporting? How are perpetrators escaping punishment?

Rape results in an immense level of trauma for survivors. Victims not only endure the immediate physical and mental trauma of rape but also face a strong and significant stigma that is ingrained in our culture of victim blaming and shaming.

Researchers identified that victims of attempted or completed rape commonly experience feelings of humiliation and shame. These aren’t the feelings experienced by someone who has been violently mugged and robbed. Rather, these feelings stem from how we believe others think about us, and how they judge us.

The idea of having to relive the rape experience under a legal spotlight and face scrutiny and judgment from authorities, family members, friends, and the community at large, is often too difficult to bear for victims to bear. That fear deters reporting and stunts public awareness of how prevalent sexual assault truly is.

Stigmas of Sexual Abuse

The mainstream media regularly perpetuates stigmas surrounding sexual assault. Consider rape cases involving athletes, billionaires, actors, and politicians that generate great attention and debate. Have you ever read the comment sections of online articles or social media posts about the case? We do because they serve as a great resource for a better understanding of the variety of stigmas that are out there – stigmas jurors may even potentially have. By way of example, here are some actual public comments made in celebrity sex assault cases:

Kobe Bryant (2003): Accused of raping a 19-year-old hotel employee. Bryant invited the woman to his hotel room, where she claims he raped her.  Bryant claimed it was consensual.

▪ “Rape is a vicious crime…it is also one of the most abused accusations out there.”

▪ “Kobe is innocent…she is a gold digger, nothing more.”

▪ “Why would Kobe have to do this, he is worth like 200 million, he could have gotten a hooker.”

Bill Cosby (2018): Accused by numerous women of drugging and sexually assaulting them.

▪ “Bill Cosby always tried to teach kids right from wrong. None of these charges appeared until he was about to receive a lifetime achievement award.  Then all these gold diggers came crawling out of the walls.”

▪ “Why in the world would this woman voluntarily take pills from Cosby? She wanted something from him.  She got $3.4 million. I think she is a con.”

▪ “Cosby is no different than a good percentage of our nation’s men when it comes to attempting to get laid.  The guy goes to a bar and buys a woman way too many drinks in hopes of getting laid. It certainly isn’t right, but it isn’t rape.”

Harvey Weinstein (2022): Accused by dozens of women, many budding actresses, of sexual assault. Weinstein claimed all sexual relations were consensual.

▪ “Were they raped? Don’t believe so. He was not a handsome man. I believe these young women all thought that having sex with him would get them a  movie deal.”

▪ “Oh please, these women are jumping on the bandwagon years after the fact in hope of notoriety and screen time. Why didn’t them call rape years ago?”

▪ “Weinstein used his position as a producer to run a casting couch. The women knew what they were going up to his hotel suite for.”

In handling sex assault litigation, we encounter many of these same stigmas. They can be very challenging to overcome, and they often deter survivors from bringing or continuing a lawsuit.

While the media is a major contributor to perpetuating these stigmas, they are not the only instigator. The entertainment industry has a long history of glamourizing sexual assault. Hollywood has repeatedly profited from sexualizing teachers and making them the object of young boys’ fantasies. Rape on the big screen, with few exceptions, also tends to involve beautiful young women.

“Eroticizing” rape influences the public’s mind that rape usually involves young, attractive women. This stigma was highlighted during Donald Trump’s 2016 run for president.  During his campaigning, a woman came forward alleging he had sexually assaulted her in the 90s. Trump’s response to a cheering crowd of supporters was essentially, “…look at her …. she’s too ugly to rape.”

Myths Surrounding Sexual Assault

Many prevailing stigmas are strongly connected to socially shared beliefs about rape, which we are going to label as “rape myths.” Rape myths serve to deny, downplay, or justify sexual violence. In many myths, victims are blamed (e.g., if she is dressed like that, she is going to get herself into trouble), and perpetrators are excused (e.g., he couldn’t help himself). Other myths simply reflect ignorance.

Rape myths are damaging, and separating myths from facts is critical to stopping sexual violence and empowering victims to come forward. Below is a chart that outlines some of the most commonly held myths and corrects them with corresponding facts.

Myth  Fact
Victims provoke sexual assaults when they dress provocatively or act promiscuously. Provocative dress nor promiscuous behavior are invitations for unwanted sexual activity. Forcing someone to engage in non-consensual sexual activity is sexual assault, regardless of how that person dresses or acts.
If a woman doesn’t scream or fight back, it probably wasn’t sexual assault. When a woman is sexually assaulted, she may experience a “freeze response” and not be able to physically move or speak. She may fear that the perpetrator will become more violent if she struggles.
If a woman isn’t crying or visibly upset, it probably wasn’t a serious sexual assault. Everyone responds differently to trauma. Some may cry, be angry, or show no emotion. Behavior is not always an indicator of what she experienced.
A person cannot be sexually assaulted if they consent to sexual activity.  Consent cannot be given by underage, intoxicated, or incapacitated individuals. Also, consenting to some sexual activity does not mean consenting to all sexual activity. A person is free to withdraw their consent at any time.
A lot of victims lie about being raped or give false reports.  Only 2-8% of rapes are falsely reported, the same percentage as for other felonies.
If a woman has no obvious physical injury, like cuts or bruises, she was probably not sexually assaulted. Lack of physical injury does not mean a woman wasn’t sexually assaulted. An offender may use threats, weapons, or other coercive actions that do not leave physical marks. She also may have been unconscious or incapacitated.
A person cannot be sexually assaulted by their partner or spouse. It is never permissible to engage in sexual activity without consent.  Sexual assault can occur in a married or other intimate partner relationship.
Men are not victims of sexual violence. Sexual assault can happen to anyone, regardless of gender.  47% of bisexual and gay men have experienced some form of sexual assault.
Sex workers cannot be raped because they are selling sex. Sex workers have the right to give and withhold consent to any sexual activity and can be raped just like anyone else.
It is not rape if you have sex with a woman while she is drunk or passed out. If a person is unconscious or incapable of consenting due to  alcohol, drugs, or a medical  condition, they cannot legally  consent. Any sexual activity with them is assault.
People with disabilities don’t get sexually assaulted. Individuals who have disabilities are the victims of sexual assault twice as much as people without disabilities.
Most sexual assaults against children are done by strangers. More than 90% of child sex assault cases involve someone the child knows.

Contact a Sexual Abuse Attorney For Help

When you or a loved one are the victim of sexual assault or abuse, reach out to our trusted team for caring legal guidance.

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