Myth or Fact: “She Lied”

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Myth: The rate of false reporting for rape is higher than for other violent crimes.hiring-myth

Fact: Rape is the most underreported crime, NOT the most falsely reported.

Actually, the prevalence of false reporting of rape is about the same as it is for other felonies – between 2% and 8%. A study of 136 sexual assault cases in Boston found only a 5.9% rate of false reports.

This myth serves to blame the survivor. It increases suspicion and hostility toward people who come forward. Although there are isolated incidents where people have lied about being raped, these are the exception rather than the norm.

One major reason that Americans believe that rape is often falsely reported is that the media sensationalizes false reporting stories, while it minimizes or fails to cover the hundreds of thousands of true stories that happen every year.

Another major reason this myth is so commonly accepted is the misconception that rape is “easy to claim and hard to dispute.” But this is far from the truth—many survivors describe their experience of pressing charges or reporting their assault to law enforcement as a “second rape.” Reporting a rape or assault is a difficult and lengthy process. The survivor must share very personal details with complete strangers, undergo a traumatic evidence collection process, and will likely be subjected to a great deal of scrutiny or suspicion. Most survivors experience negative impacts, such as trauma from re-living/re-telling violence committed against them, victim-blaming comments that compound self-blame, and a general lack of support.  It is unlikely that someone would go through this long and painful process if their story was not true. In fact, the reality is that rape is extremely underreported — most survivors never report their experience, especially on college campuses.

Furthermore, many cases are eventually dropped because the structure of the criminal justice system – from police to judge – is not designed to handle the particulars of sexual violence cases. RAINN estimates that out of every 1,000 rapes, only 6 rapists will be incarcerated, meaning that “perpetrators of sexual violence are less likely to go to jail or prison than other criminals.” Considering this, most survivors feel that there are enormous costs to reporting with usually very little to gain. So very few reports of rape are false — which means that the vast majority of them are true.

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This post is part of a series on Myths & Facts about Sexual Violence:

Myth #1: “He Didn’t Mean To”
Myth #2: “She Lied”
– Myth #3: “She Asked For It”
– Myth #4: “It Wasn’t Really Rape”


Fighting Revenge Porn

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How to Fight Back When Your Sexual Privacy is Compromised Online

screen-shot-2015-02-28-at-8-24-06-amFinally, some good news for people who have been (or who have been anxious about becoming) victims of revenge porn! December 2015 marked the first time that a law specifically referencing and criminalizing revenge porn has been on the books in North Carolina. This addition to our legal system was added after an alarming case of privacy infringement occurred at Hough High School in Cornelius, NC. Authorities say that dozens of students had been blackmailed, and nearly a hundred nude photos were released.

Despite the law’s origins, it doesn’t only apply in cases related to minors. Breaking this law now constitutes as a felony offense, and is defined as “releasing explicit photos or videos of a person without their consent, with intent to harass, extort, or intimidate.” North Carolina is now one of twenty-six states with revenge porn laws, up from a mere sixteen at the start of 2014. We are also one of only six states that classify the non-consensual distribution of explicit materials as a felony. In most states, it is only classified as a misdemeanor (often jumping to a felony for a repeat offender).

Luckily, it’s not only lawmakers who are starting to see the need for these restrictions and ramifications. In the summer of 2014, Microsoft (including Bing, OneDrive, and Xbox Live) and Google created sites specifically dedicated to the anonymous reporting of revenge porn. Many other companies followed their lead during the rest of 2015, and have included privacy and harassment clauses in their community guidelines, as well as created anonymous reporting forms. Participating sites now include Instagram, Facebook, Twitter, Reddit, Pornhub, and Tumblr. This commitment, by some of the largest search engines and social media sites in use today, helps to combat one of the biggest issues that face victims of revenge porn: the daunting and near-impossible task of removing their stolen images from the Web.

By using the links and forms outlined by C. A. Goldberg PLLC, that focuses on Internet privacy and abuse, domestic violence, and sexual consent, victims can anonymously report images that have been posted without their consent. While these companies don’t have the ability to remove images from the Internet entirely, this new reporting system does render reported images unsearchable on their specific sites and search engines, giving some privacy and control back to victims. Read more


Consent Under the Influence?

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Alcohol and sex are commonly tied to one another. We see it intermingled in headlines, advertisements, and rape myths. Media saturates seduction with booze everywhere you turn, but why is drunk sex considered a socially acceptable thing?

rape-time-to-stopI want to start an honest conversation about drinking and sex. I don’t want to say that drunken sex is always wrong and, most importantly, I do not want to victim blame. There is absolutely no question that affirmative consent should always be clear, constant, and coherent. If someone is intoxicated, they cannot give legal consent to a number of things, not just sex. After all, even in Vegas, you have to be sober to get married. Entering into any contractual agreement while incapacitated is usually voidable in the eyes of the law. This is because drinking is proven to decrease cognitive ability and awareness of risk. If you proposition someone while they are drunk, you are entering into dangerous territory, because this person may not be capable of assessing the situation.

Unfortunately, this is not common sense for many people. Many assume that if a person is not completely passed out, then they are accountable for their actions. In reality, the scientific evidence shows a wide spectrum of behaviors when someone is incapacitated. The appearance of being “blackout drunk” can be very different from one person to the next. Therefore, that “drunken escapade” may actually be rape. Read more


The Problem with Victim-Blaming

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rapeWhile growing up in a rape culture, women are constantly told to follow the “rules” to ensure their safety. This list dictates what women should wear (nothing too short), what they consume (no drinks you didn’t prepare yourself), and even how they commute (never alone, never at night, and never in a “bad part of town”). Not only do these rules perpetuate a series of rape myths, they also result in victim-blaming.

Victim-blaming is a pervasive part of the trauma many survivors experience. Too often when survivors disclose, they are met with a checklist of questions, all centered on their actions instead of the perpetrator’s. Rather than focusing on the inappropriate and illegal conduct of the perpetrator, many will blame the victim for not adhering to the prescribed list of rules. The notion that any “disobedience” of the guidelines could result in or justify sexual assault is not only incorrect but it also discourages survivors from coming forward about their experience.

Victim-blaming occurs for many reasons. Some of it is rooted in notions around masculinity (“boys will be boys”), some of it in a general disregard for women’s bodies, and some of it comes from fear. Sometimes, people resort to victim-blaming to as an attempt to maintain an illusion of their own safety from sexual assault. In this case, it is easier to police the list of rules and insist that following them will prevent assault than to acknowledge the scary truth that rape can happen regardless of what the survivor does or does not do. But rape happens because of rapists—not the length of a hemline, or the amount of alcohol consumed. When people victim-blame, they distance themselves from the victim and keep alive the myth that the responsibility to prevent rape lies on the assaulted, not the perpetrator.

Read more


NFL Announces Funding for Anti-Violence Programs

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On Friday, the National Football League (NFL) announced their commitment to multi-year funding to help state and local programs serve survivors of domestic violence and sexual assault. The funding will be shared between the National Domestic Violence Hotline (The Hotline) and the National Sexual Violence Resource Center (NSVRC), who will direct support to state coalitions.

In addition to funding, the NFL is committing to host violence prevention education sessions for all 32 NFL teams. Players, coaches, staff, and executives will receive education about domestic and sexual violence as well as information about resources and organizations in their own communities.

Read more


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