This thesis provides strong, triangulated evidence to suggest that despite many reforms to legislation, policy and training, in an Australian context, there has been limited improvement in the manner by which police officers respond to complaints of rape and treat women who have experienced rape. My research provides insight into a police organisation that is rarely open to scrutiny, and shows that when a woman reports a rape to police, she is less likely to be believed if, for example, she has been raped by someone familiar to her, or if she has demonstrated non-consent in an acquiescent manner. It is within this climate that I conducted my research to gain the perceptions of women who have experienced rape regarding the criminal justice response to rape, the perceptions of support workers from Centres Against Sexual Assault (CASAs) on the criminal justice response to rape, police officers’ perceptions of the manner in which rape is dealt with by police, and the perceptions of potential jurors regarding rape. This research therefore examines the factors which influenced which rape cases were investigated by police and referred to prosecution by police, and the manner in which police decisions were made, based on non legal factors such as stereotypes, myths, individual and collective factors. This thesis comprises four separate but complementary studies and combines quantitative and qualitative research techniques. Study 1 investigated the perceptions of women (N=6) who have experienced rape regarding the police response to rape in semi-structured in depth interviews. Analysis of this data suggested police officers’ treatment and decisions regarding these women’s experiences were determined by the relationship between the woman and the perpetrator, and by rape myths regarding ‘real rapes’ and ‘genuine victims’. Through focus groups (N=4) with support workers from Centres Against Sexual Assault (CASAs) Study 2 examined the perceptions of these workers regarding the manner by which rape myths and gender stereotypes influenced police officers’ treatment and decisions regarding complaints of rape made by women. In support of the women’s perceptions from Study 1, this data indicated CASA workers believed that police officers’ responses are heavily imbued with stereotypes and myths regarding appropriate behaviours for women, and those associated with mental illness and ethnicity. The data obtained in Study 3 elucidated a more detailed understanding of the influence of rape myths and gender stereotypes on the police response to rape. In semi-structured in depth interviews (N=14) police officers identified factors such as alcohol use, mental illness, the effect of potential jurors’ perceptions regarding a woman, and the relationship between the woman and the perpetrator as influencing their decision making. Police officers also described the manner by which they use these stereotypes to arrive at a ‘hunch’, using intuition to determine the credibility of a woman who reports rape. Through surveys, Study 4 investigated the influence of rape myths and gender stereotypes on potential jurors (N=161) perceptions of what constitutes rape, and provided some insight regarding the attitudes police officers may consider when determining the ‘convictability’ of a rape complaint. The data from Study 4 indicated that potential jurors are less likely to define a scenario as rape when the familiarity between the woman and the perpetrator increased, when the woman had been drinking alcohol and when the woman demonstrated her non-consent in an acquiescent manner. Of critical importance, interviews with police officers indicated they use considerable discretion to act on their hunches and intuition to arrive at decisions regarding the woman’s credibility based on rape myths and gender stereotypes. The triangulation of findings from women’s, CASA support workers’, and from police officers, suggest women who report rape to police are going to be judged by interpretations of the legal definitions of what constitutes rape that are imbued with rape myths and gender stereotypes. My findings illustrate the importance of seeking methods that will improve the substantial under reporting of rape. My findings also demonstrate that if women do have their cases proceed to court, they are likely to be subjected to considerable disbelief as a consequence of prejudicial attitudes within jurors, which are similar to those of police. In response to these findings, suggestions for improvements are recommended, such as specialist rape courts and evaluations of the content of police training. Ultimately, this research illustrates that in 2009 in Australia, women who report rape are subject to considerable uncertainty regarding whether they will receive justice or judgement.

This thesis provides strong, triangulated evidence to suggest that despite many reforms to legislation, policy and training, in an Australian context, there has been limited improvement in the manner by which police officers respond to complaints of rape and treat women who have experienced rape. My research provides insight into a police organisation that is rarely open to scrutiny, and shows that when a woman reports a rape to police, she is less likely to be believed if, for example, she has been raped by someone familiar to her, or if she has demonstrated non-consent in an acquiescent manner. It is within this climate that I conducted my research to gain the perceptions of women who have experienced rape regarding the criminal justice response to rape, the perceptions of support workers from Centres Against Sexual Assault (CASAs) on the criminal justice response to rape, police officers’ perceptions of the manner in which rape is dealt with by police, and the perceptions of potential jurors regarding rape. This research therefore examines the factors which influenced which rape cases were investigated by police and referred to prosecution by police, and the manner in which police decisions were made, based on non legal factors such as stereotypes, myths, individual and collective factors. This thesis comprises four separate but complementary studies and combines quantitative and qualitative research techniques. Study 1 investigated the perceptions of women (N=6) who have experienced rape regarding the police response to rape in semi-structured in depth interviews. Analysis of this data suggested police officers’ treatment and decisions regarding these women’s experiences were determined by the relationship between the woman and the perpetrator, and by rape myths regarding ‘real rapes’ and ‘genuine victims’. Through focus groups (N=4) with support workers from Centres Against Sexual Assault (CASAs) Study 2 examined the perceptions of these workers regarding the manner by which rape myths and gender stereotypes influenced police officers’ treatment and decisions regarding complaints of rape made by women. In support of the women’s perceptions from Study 1, this data indicated CASA workers believed that police officers’ responses are heavily imbued with stereotypes and myths regarding appropriate behaviours for women, and those associated with mental illness and ethnicity. The data obtained in Study 3 elucidated a more detailed understanding of the influence of rape myths and gender stereotypes on the police response to rape. In semi-structured in depth interviews (N=14) police officers identified factors such as alcohol use, mental illness, the effect of potential jurors’ perceptions regarding a woman, and the relationship between the woman and the perpetrator as influencing their decision making. Police officers also described the manner by which they use these stereotypes to arrive at a ‘hunch’, using intuition to determine the credibility of a woman who reports rape. Through surveys, Study 4 investigated the influence of rape myths and gender stereotypes on potential jurors (N=161) perceptions of what constitutes rape, and provided some insight regarding the attitudes police officers may consider when determining the ‘convictability’ of a rape complaint. The data from Study 4 indicated that potential jurors are less likely to define a scenario as rape when the familiarity between the woman and the perpetrator increased, when the woman had been drinking alcohol and when the woman demonstrated her non-consent in an acquiescent manner. Of critical importance, interviews with police officers indicated they use considerable discretion to act on their hunches and intuition to arrive at decisions regarding the woman’s credibility based on rape myths and gender stereotypes. The triangulation of findings from women’s, CASA support workers’, and from police officers, suggest women who report rape to police are going to be judged by interpretations of the legal definitions of what constitutes rape that are imbued with rape myths and gender stereotypes. My findings illustrate the importance of seeking methods that will improve the substantial under reporting of rape. My findings also demonstrate that if women do have their cases proceed to court, they are likely to be subjected to considerable disbelief as a consequence of prejudicial attitudes within jurors, which are similar to those of police. In response to these findings, suggestions for improvements are recommended, such as specialist rape courts and evaluations of the content of police training. Ultimately, this research illustrates that in 2009 in Australia, women who report rape are subject to considerable uncertainty regarding whether they will receive justice or judgement.