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NOVEMBER 12, 2009
tags: Alcohol, rape, sexual assault
by Thomas
A huge proportion of the women I know enough to talk with about it have survived an attempted or completed rape. None of them was raped by a stranger who attacked them from behind a bush, hid in the back of her car or any of the other scenarios that fit the social script of stranger rape. Anyone reading this post, in fact, is likely to know that six out of seven rapes are committed by someone the victim knows. It has been clear for a long time, at least since Robin Warshaw’s groundbreaking “I Never Called It Rape,” which used Mary Koss’s reseach, that the stranger rape script did not describe rape as most women experienced it. It’s easy to picture the stranger rapist: a violent criminal, not much different from the violent criminals who commit other violent crimes. This guy was in prison before, and he’ll be back there again, though not for rape because reporting and conviction rates are so low. (See, generally, Susan Brownmiller’s Against Our Will.)
But who commits the vast majority of rapes, the nonstranger rapes? The acquaintance rapes? Anecdotally, we all know the answer — or an answer, or some answers. The tall guy, the short guy, the skinny guy, the fat guy, the frat guy, the nerdy guy, the jock, the geek, the date, the friend-of-a-friend, the drinking buddy, and the guy from accounting. Lots of different guys in lots of different circumstances.
When women note that the rapists don’t come with convenient notes on their foreheads and that therefore women have to entertain the possibility that every guy (even ones they know a bit) are rapists, folks get all sorts of upset. But the less women know about who these guys are, the less they know who to worry about.
It is notoriously tough to figure out who the rapists are. Reporting and conviction rates for acquaintance rapes are so low as to be useless as a diagnostic tool. And how else can we know? The rapists won’t just tell us that they are rapists, right?
That’s what I would have though. Turns out I thought wrong. If a survey asks men, for example, if they ever “had sexual intercourse with somone, even though they did not want to, because they were too intoxicated (on alcohol or drugs) to resist your sexual advances,” some of them will say yes, as long as the questions don’t use the “R” word.
I have taken a look at two large-sample surverys of undetected rapists. One is Repeat Rape and Multiple Offending Among Undetected Rapists by David Lesak and Paul M. Miller, published in Violence and Victims, Vol 17, No. 1, 2002 (Lisak & Miller 2002). The other is Reports of Rape Reperpetration by Newly Enlisted Male Navy Personnel by Stephanie K. McWhorter, et al., published in Violence and Victims, Vol, 24, No. 2, 2009 (McWhorter 2009). (I can’t link to either study because neither is available in full for free.)
These look to me to be the best available data on who the rapists are who have not been caught and incarcerated — which is the vast, vast majority. They are, however, limited, so that in talking about them it constrains the discussion of rape into a narrow range around a modal form of men raping women.*
Lisak & Miller
Lisak & Miller set out to answer two questions:
First, do a substantial number of undetected rapists rape more than once (i.e. repeat rapists)? Second, do undetected rapists (repeat or otherwise), like their incarcerated counterparts, commit other types of interpersonal violence …?
Lisak & Miller at p. 74.
Their sample was 1882 college students, ranging in age from 18 to 71 with a median age of 26.5 — so somewhat older than a traditional college population. The group was also ethnically diverse. They asked this group four questions about rape and attempted rape. I’ll paraphrase:
1) Have you ever attempted unsuccessfully to have intercourse with an adult by force or threat of force?
2) Have you ever had sexual intercourse with someone who did not want you to because they were too intoxicated to resist?
3) Have you ever had intercourse with someone by force or threat of force?
4) Have you ever had oral intercourse with someone by force or threat of force?
[Edited to add: I paraphrased the questions to make them shorter, but now the questions are being quoted, so I thought it was only fair to the authors to key in the full text of the questions they used:
(1) Have you ever been in a situation where you tried, but for various reasons did not succeed, in having sexual intercourse with an adult by using or threatening to use physical force (twisting their arm, holding them down, etc.) if they did not cooperate?
(2) Have you ever had sexual intercourse with someone, even though they did not want to, because they were too intoxicated (on alcohol or drugs) to resist your sexual advances (e.g., removing their clothes)?
(3) Have you ever had sexual intercourse with an adult when they didn’t want to because you used or threatened to use physical force (twisting their arm; holding them down, etc.) if they didn’t cooperate?
(4) Have you ever had oral sex with an adult when they didn’t want to because you used or threatened to use physical force (twisting their arm; holding them down, etc.) if they didn’t cooperate?
Lisak & Miller at 77-78.]
So without quibbling over the precise statutory definition, this equates to rape or attempted rape. 120 men admitted to raping to attempting to rape. This is actually a relatively slim proportion of the survey population — just over 6% — and might be an underreport, though for part of the sample, the survey team did interviews to confirm the self-reports, which tends to show if there is an undercount in the self-reports, and found the responses consistent. But the more interesting part of the findings were how those rapists and their offenses broke down.
Of the 120 rapists in the sample, 44 reported only one assault. The remaining 76 were repeat offenders. These 76 men, 63% of the rapists, committed 439 rapes or attempted rapes, an average of 5.8 each (median of 3, so there were some super-repeat offenders in this group). Just 4% of the men surveyed committed over 400 attempted or completed rapes.
The breakdown between the modus operandi of the rapists also tells us a lot about how wrong the script is. Of all 120 admitted rapists, only about 30% reported using force or threats, while the remainder raped intoxicated victims. This proportion was roughly the same between the 44 rapists who reported one assault and the 76 who reported multiple assaults. (What the authors call “overt-force rapists” committed more sexual assaults, on average, than the “intoxication rapists” by about 6 to 3, but the parts of the sample are so small that this result did not reach statistical significance and could be sampling error rather than a real phenomenon. I’d really like an answer to that, though.)
Lisak & Miller also answered their other question: are rapists responsible for more violence generally? Yes. The surveys covered other violent acts, such as slapping or choking an intimate partner, physically or sexually abusing a child, and sexual assaults other than attempted or completed rapes. In the realm of being partner- and child-beating monsters, the repeat rapists really stood out. These 76 men, just 4% of the sample, were responsible for 28% of the reported violence. The whole sample of almost 1900 men reported just under 4000 violent acts, but this 4% of recidivist rapists results in over 1000 of those violent acts.
If we could eliminate the men who rape again and again and again, a quarter of the violence against women and children would disappear. That’s the public policy implication.
McWhorter
Stephanie McWhorter and her colleagues completed a study just this year that in my view replicate the important results of Lisak & Miller, working with a very different population of young-ish men. She studied 1146 newly enlisted men in the U.S. Navy, asking them about their behavior since age 14. McWhorter’s participants were younger than Lisak & Miller’s sample, averaging just under 20 and topping out at 34, as one would expect from a sample of military recruits. The study was longitudinal, following up at intervals during the participants’ Navy hitch.
McWhorter used a Sexual Experiences Survey tool that has been in use for more than 20 years. Of her 1146 participants, 144, or 13%, admitted an attempted or completed rape — substantially higher than Lisak & Miller. But in another respect, her work very much matched theirs: 71% of the men who admitted an attempted or completed rape admitted more than one, very close to Lisak & Miller’s 63%. The 96 men who admitted multiple attempted of completed rapes in McWhorter’s survey averaged 6.36 assaults each. This is not far from Lisak & Miller’s average of 5.8 assaults per recidivist. Looked at another way, of the 865 total attempted or completed rapes these men admitted to, a staggering 95% were committed by 96 men, or just 8.4% of the sample.
McWhorter’s findings on modus operandi also confirm the basic finding of Lisak & Miller’s earlier study: 61% of the reported attacks were intoxication-based, 23% were overt force alone, and 16% were both. (77% of the pre-enlistment and 75% of the post-enlistment rapes or attempted rapes were, in whole or in part, intoxication attacks. But 34% of pre-enlistment and 45% of post-enlistment assaults involved overt force, a change in pattern that ought to be explained by further research.)
McWhorter’s research also indicates that rapists start young. Of the men who did not report an assault pre-enlistment, only 2% reported assaults while in the Navy, but 16% of those who admitted that they raped or attempted to rape between age 14 and enlistment also said they did it again while enlisted. 60% of rapists, however, said their first assault was after they turned 18. This implies that there is a window when rapists start raping, in their late teens.
Finally, in an entirely unsurprising finding, rapists who admitted assaulting strangers – ever – were less than a quarter of the rapist population. More than 90% targeted acquaintances some of the time, and about 75% said they only targeted acquaintances. Only 7% of all the self-reported rapists reported targeting only strangers. And, in fact, there was zero overlap between the men who said they targeted starangers, and those who used only force.
I’m going to repeat that, because I think it is important. As McWhorter wrote:
Of the men who used only force against their victims, none reported raping a stranger; all the men knew their victims… [T]he stereotypical rape incident characterized by a man violently attacking a stranger was not reported by any of the respondents. Instead, respondents who used only force against their victims reported raping only women they knew. men who trageted strangers exclusively reported they used substances only in the rape incident.
These findings may help explain why most self-reported [attempted or completed rape] incidents go undetected.
McWhorter, p. 212-13.
Conclusions
Lots of smart people will take a lot of different things away from this research on undetected rapists, and on more research that will hopefully follow. Here are my impressions:
First, the stranger-force rape is a small proportion of rapes, and is all but absent from the samples of self-reporters. Other research** shows that lack of prior acquaintance and use of the weapon are the only significant factors that increase the likelihood that a victim will report the offense. Attacking strangers with force or weapons is the only pattern of victimization at all likely to lead to incarceration of the rapist, let’s face it — so those who commit rape in the way that follows the script may be already in jail, not in college or the Navy filling out surveys. The rapists who are out there are mostly using intoxication, and mostly attacking victims they know.
Second, the sometimes-floated notion that acquaintance rape is simply a mistake about consent, is wrong. (See Amanda Hess’s excellent takedown here.) The vast majority of the offenses are being committed by a relatively small group of men, somewhere between 4% and 8% of the population, who do it again … and again … and again. That just doesn’t square with the notion of innocent mistake. Further, since the repeaters are also responsible for a hugely disproportionate share of the intimate partner violence, child beating and child sexual abuse, the notion that these predators are somehow confused good guys does not square with the data. Most of the raping is done by guys who like to rape, and to abuse, assault and violate. If we could get the one-in-twelve or one-in-25 repeat rapists out of the population (that is a lot of men — perhaps six or twelve million men in the U.S. alone) or find a way to stop them from hurting others, most sexual assault, and a lot of intimate partner violence and child abuse, would go away. Really.
Recommendation
I’m directing this to men who inhabit het-identified social spaces, and I’m not really limiting it more than that. Women are already doing what they can to prevent rape; brokering a peace with the fear is part of their lives that we can never fully understand. We’re the ones who are not doing our jobs.
Here’s what we need to do. We need to spot the rapists, and we need to shut down the social structures that give them a license to operate. They are in the population, among us. They have an average of six victims, women that they know, and therefore likely some women you know. They use force sometimes, but mostly they use intoxicants. They don’t accidentally end up in a room with a woman too drunk or high to consent or resist; they plan on getting there and that’s where they end up.
Listen. The women you know will tell you when the men they thought they could trust assaulted them; if and only if they know you won’t stonewall, deny, blame or judge. Let them tell you that they got drunk, and woke up with your buddy on top of them. Listen. Don’t defend that guy. That guy is more likely than not a recidivist. He has probably done it before. He will probably do it again.
Change the culture. To rape again and again, these men need silence. They need to know that the right combination of factors — alcohol and sex shame, mostly — will keep their victims quiet. Otherwise, they would be identified earlier and have a harder time finding victims. The women in your life need to be able to talk frankly about sexual assault. They need to be able to tell you, and they need to know that they can tell you, and not be stonewalled, denied, blamed or judged.
Listen. The men in your lives will tell you what they do. As long as the R word doesn’t get attached, rapists do self-report. The guy who says he sees a woman too drunk to know where she is as an opportunity is not joking. He’s telling you how he sees it. The guy who says, “bros before hos”, is asking you to make a pact.
The Pact. The social structure that allows the predators to hide in plain sight, to sit at the bar at the same table with everyone, take a target home, rape her, and stay in the same social circle because she can’t or won’t tell anyone, or because nobody does anything if she does. The pact to make excuses, to look for mitigation, to patch things over — to believe that what happens to our friends — what our friends do to our friends — is not (using Whoopi Goldberg’s pathetic apologetics) “rape-rape”.
Change the culture. We are not going to pull six or ten or twelve million men out of the U.S. population over any short period, so if we are going to put a dent in the prevalence of rape, we need to change the environment that the rapist operates in. Choose not to be part of a rape-supportive environment. Rape jokes are not jokes. Woman-hating jokes are not jokes. These guys are telling you what they think. When you laugh along to get their approval, you give them yours. You tell them that the social license to operate is in force; that you’ll go along with the pact to turn your eyes away from the evidence; to make excuses for them; to assume it’s a mistake, of the first time, or a confusing situation. You’re telling them that they’re at low risk.
I saw economist James Galbraith not long ago — an economist beloved of progressives everywhere. Galbraith said, among other things, “First rule of economics: incentives work.” He was speaking in another context, but this applies to rape. The overwhelming prevalence of acquaintance over stranger rapes and of intoxication over overt force, and the relative rarity of weapon use and physical injuries, is easily explained. Rapists know what works. They like to rape, they want to keep doing it, they want not to be caught. It is in their interest to be very sensitive to which accounts of rape are believed and which are attacked and to know which targets and methods are lowest-risk for them.
What they do is what works. They rape their drunk acquaintances because it works. They rape their drunk acquaintances because we let them.
We need to revoke the rapists’ social license to operate. We need to stop asking, “why do we think he didn’t know she wasn’t consenting,” which is the first question now, really. First as a cultural matter — leaving the legal matter aside — we need to adopt the stance that sexual interaction ought to always be had in a state of affirmative consent by all participants; that anything else is aberrant. If someone says, “I was sexually assaulted,” the first question should be, “why was a person continuing with sexual activity when zir partner did not want to?”
This is what it is: real rape happens when the attacker is drunk and the target is drunker and alone and isolated. That’s rape-rape. If he gets away with it, it will be, on average, rape-rape-rape-rape-rape-rape. If we refuse to listen, he can continue to pretend that the rapist is some guy in the parking lot late at night, when it’s actually him, in our friends’ bedrooms half an hour after last call. If we let that happen, we’re part of the problem.
The rapists can’t be your friends, and if you are loyal to them even when faced with the evidence of what they do, you are complicit.
*Big caveat here: The research in this area is still in an almost embryonic state, though. Since both studies only look at male attackers and don’t discuss the sex, orientation or gender identity of victims at all, I’m kind of stuck with discussing rapes committed by men and presuming that their adult victims are women, though I’m almost certain there are exceptions that are not broken out in this data, and that are probably too few in number to allow conclusions about anyway. I’m going to address rape within the constaints of the data, which is about male rapists, and speak as if the modal assault, which is against a woman, is all assaults. That ignores a lot in terms of topics and dynamics, if not raw numbers, and I’m aware of how much it ignores, but just having any data from a non-incarcerated sample of rapists is a huge improvement over having none.
**Lisak & Miller cite Frazier, P.A. & Haney, B. (1996). Sexual assault cases in the legal system: Police, prosecutor and victim perspectives. Law and Human Behavior, 20, 607-628. I have not read it.
