‘Real Rape Myth’ and Legal Process: Knowledge and Perception of Criminal Justice Actors’ in South Ethiopia Region

Abstract

In Ethiopia, cross-sectional studies show a high prevalence of rape among women and girls. Though numerous policy improvements have been implemented, including a rape legislation reform, it is still unclear to what extent these changes have helped shift the focus of rape case processing from the victim's behaviour to that of the offender criminal behaviour in the legal system. This study therefore intended to identify how these knowledge and perception affect rape prosecutions in South Ethiopia Region. To accomplish this, the study used a socio-legal methodology. A socio-legal method of conducting empirical research that combined three methods: questionnaires, interviews, and court document analysis was used. 230 key actors, including judges, prosecutors, defence lawyers, and investigating police, responded to a self-administered questionnaire. Forty interviews were conducted with participants, and 316 prosecution and court files were analysed. Regarding the knowledge and perception of the criminal justice actors, 86.1% defined rape as a forced penile-vaginal penetration. The majority of the respondents have rated their attitude on the two-item scale above the average of 52.25%. This suggests that many of the key actors in the legal process have a propensity to believe rape myths and have been swayed by rape victims' actions during rape when addressing rape cases. Besides, data from interviews, as well as case review analysis, revealed that victims' actions during rape have a significant influence on the legal process. The findings in this study indicate the tendency of Criminal Justice Actors to hold false beliefs about the characteristics and behaviour of a "genuine" rape victim and to focus on these, rather than on the defendants' actions, as one of the major factors that produce unfair processes in rape cases.

Keywords:  Real Rape’ Myths, Knowledge, Perception, Legal Process, Ethiopia