Rape myths such as 'scantily clad' and 'being promiscuous' can influence sentencing in Norwegian courtrooms. In court cases where victims are described in a prejudiced manner, defendants typically receive prison sentences that are 16 months shorter than in cases without such descriptions.
This is one of the findings of a recent study from the Department of Psychology at the Norwegian University of Science and Technology (NTNU). Researchers have analyzed 153 court rulings that include descriptions of the victims' behaviour prior to the rape. The descriptions fall under what are known as rape myths.
Myths contribute to lighter sentences
"In cases where descriptions of the victim's behaviour prior to the assault were included, we see that the defendant received a lighter sentence than in cases where this information was omitted. They can be descriptions of the victim wearing revealing clothing or having engaged in sexual activity with others prior to the incident," explained Kirsten Rinde.
The study shows that defendants typically received prison sentences that were 16 months shorter than in cases where these types of descriptions were not included. Rinde is the lead author of 'She Asked for It? Descriptions of Victims' Behaviors Are Associated with Sentencing in Norwegian Rape Trials' , which was recently published in the Scandinavian Journal of Psychology.
Rape myths are deeply ingrained
The researchers found this correlation even when the cases included medical evidence and violence – the sentence was lighter when descriptions of the victim were included.
"Rape myths, or the belief that rape is caused by the victim's own behaviour, are quite deeply ingrained," said Rinde.
The study was based on 2054 rape case rulings from Norwegian courts of appeal between 2013 and 2023. Of these, 51 included descriptions that align with a questionnaire called the Illinois Rape Myth Acceptance (IRMA) Scale. The questionnaire uses statements to measure prejudice and the extent to which people believe in myths that may trivialize or legitimize incidents of rape. The researchers then incorporated a control group consisting of an equal number of comparable court rulings in which IRMA-related descriptions were not included.
Irrelevant descriptions
"I was surprised that so many court rulings included descriptions that ought actually to be irrelevant in relation to assessing guilt and sentencing. In addition, it was surprising that we found a correlation between these descriptions and the sentencing, and that it was so strong," said Kirsten Rinde.
The IRMA questionnaire includes a subcategory of statements about behaviour called 'She Asked for It' (SAFI). These myths suggest that certain types of behaviour imply an invitation for sexual activity, such as:
- If the victim went alone with someone into a room at a party.
- If the victim has had casual sex.
- If the victim was involved in kissing.
- If the victim said 'no' in an unclear way.
- If the victim was dressed 'provocatively'.
"She asked for it"
The study started out as Kirsten Rinde's bachelor's thesis at the Department of Psychology in the spring of 2024. She wanted to investigate the effect that descriptions of the victims' behaviour had on sentencing. The findings showed that defendants in cases where the victim is described in accordance with the IRMAS-SAFI questionnaire receive lighter sentences. Subsequently, her supervisors, Professor Stian Solem and Associate Professor Audun Havnen, have been involved in further developing the study and the process of getting it published.
"It is a unique study, and as far as I know, no one has done anything like this before," said Solem.
The findings are based on information from court rulings that are publicly available on the official Norwegian Lovdata website.
Investigated 153 rape sentences
To test validity and ensure that other factors did not influence the sentencing, the researchers conducted several rounds of additional testing and quality assurance of the methods and sample. In total, they have combed through and encoded 153 court rulings, including charges, witness statements and sentencing.
Since they were not present in the courtrooms, Rinde, Havnen and Solem state that they cannot rule out the possibility of influences they are not aware of.
"At the same time, we can argue that if such important information existed, it ought to have been stated in the rulings. Rape myths have become attitudes and lenses through which we view things – and we rarely reflect on them," Solem said.
Expert clarifications
The NTNU researchers believe that the use of statements from expert witnesses could lead to greater awareness and, as a result, rulings that are more just. This has been investigated in several studies; for example, a study from Australia shows that 280 participants who were given neutral information from experts found the rape defendant's explanation less credible.
Experts are able to clarify information and fill in gaps where questions remain unanswered. For example, someone who is raped may experience a freeze response and become unable to put up a fight, and some victims wait a long time before they report what has happened.
"Descriptions of these kinds of reactions may cause others to doubt whether the victim's account is actually true. Expert witnesses can explain that these are very common reactions," Rinde said.
Preconceived notions
The NTNU study is the only quantitative Norwegian study that investigates – and shows – a correlation between rape myths and sentencing. It also highlights cases where the victim and the defendant are not aligned with the common perceptions we tend to have of them.
One example from Norway shows that a defendant was acquitted of raping a female colleague. The reason was that the victim was an experienced security guard, and because she weighed 80 kilograms, the court believed she ought to have been able to stop the rape. The victim was perceived as unusually masculine and did not align with the judges' preconceived notions of a typical rape victim.
According to the NTNU study, rape myths have become attitudes and lenses through which we view things – and we rarely reflect on them.
A major societal problem
Rinde said this particular study inspired her to explore whether rape myths have greater significance than previously thought. She is now working on her master's degree in psychology at the University of Oslo.
She says attention should be shifted away from what the victim could have done to prevent the assault and instead focus on what the defendant actually did.
"My hope is that this work can help raise awareness and perhaps lead to a change in attitudes in the future. We also need more research focused on measures that can counteract the influence rape myths may have on court rulings. Not being believed in a rape case can make an already distressing process even harder for victims of sexual assault. It is therefore important that these cases are assessed fairly, based on relevant information," Rinde said.
Reference:
Kirsten Rønning Rinde, Tea Vučić, Maria Grønland Andresen, Audun Havnen, Stian Solem, She Asked for It? Descriptions of Victims' Behaviors Are Associated with Sentencing in Norwegian Rape Trials
https://doi.org/10.1111/sjop.13088
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