Petition on false rape allegations

The proposal to the Scottish Parliament from Chairman George McAulay.


Men's Movement

122 Holehouse Drive,

Glasgow

G13

Scotland

Phone 0141 959 4194

 

November 13, 2003

 

07/10/2003

to: The Clerk to the Public Petitions Committee of The Scottish Parliament

 

Dear Sir:

We petition the Parliament for the following:

First Submission:

Persons charged with rape or other sexual offences should be given anonymity, until proven in open court, and then only when any appeal lodged within a reasonable time has been dismissed.

Second Submission:

A register of proven false accusers of sexual offences to be established, this register to consist only of persons convicted of false accusations.

Third submission:

A neutral, scientifically objective study, untainted by political chicanery, be undertaken by an individual(s) with an impeccable record of neutrality and scientific integrity, to establish the likely extent of false allegations, or the likely extent of the guilty evading justice. These results to be made public, and policy formulated upon any decisive conclusions.

Fourth submission:

A new offence be enacted, that of "Making False Allegation Of A Sexual Crime" to reflect the uniquely damaging nature of allegations of sexual crime. Alternatively, that the Parliament urge the Lord Advocate to take the appropriate measures to ensure that the prosecuting authorities act with the same vigour, using the existing laws, in prosecuting those who make false allegations.

Fifth Submission:

That the Executive develop an education pack to be sent to former Justice Minister Wallace, all other MSPs, and those within The Executive who are likely to make public pronouncements on sex crime. This pack to explain the difference between a "complainer" and a "victim", and between an "accused" and a "rapist" or "abuser".

Sixth Submission:

That the PCC request The Lord Advocate to clarify when referring to a rape complaint as a "rape" by the media is likely to be in contempt of court, or prejudicial to a trial, and that he acts to prevent the prejudicing of prospective jurors by sensational reporting .

Seventh Submission:

That the recorded crime figures be revised where a "not guilty" verdict has been returned.

 

I confirm that I am the principal petitioner, and sign accordingly:-

George McAulay,

Chairman,

UK Men’s Movement.


Supporting evidence and argument.

When the UKMM submitted an earlier petition in 1999 on false allegations, we quoted the that two completely innocent men had hung themselves in the space of two years as a result of being maliciously accused of rape. The main reason given for rejecting the petition then was that we had not given enough examples of false accusations. (We have included some more for this petition) .

Contemporaneously, Parliament was considering removing the right of a rape accused to cross-examining a complainer. Despite of the fact that only one rape complainer had been cross-examined by one defendant in five years, and that the sitting judge had exercised great care to ensure that the cross-examination was not abusive, Parliament and The Executive moved with great despatch to legislate (at some cost to justice) to prevent future cross-examination of complainers by defendants.

The Executive, and the previous Parliament, have thus demonstrated that they regard the temporary distress of one woman in five years as being of more concern to them than the death of two young men every two years. We call upon this Parliament to honour its professed commitment to equality and inclusion, and to approve this petition.

 

Part one: The politicisation of sexual offences.

The U.K. Men`s Movement is a campaign group set up eight years ago to campaign on men’s rights and pro-family issues. We have counselled and advised many men and women who have contacted us, and we have become aware of great harm and injustice being done to innocent individuals through false allegations. In this period we have become increasingly aware of the politicisation of the sexual crimes ( and other crimes such as domestic violence) by feminist advocacy groups. We will not shy away from pointing out that the insidious and corrupting influence of Political Correctness greatly influenced the first Scottish Parliament, and is likely to influence this one, but we call upon it to act to meet it professed claim to dedication to equality and inclusion. The previous Parliament moved with great despatch to ensure that accused in rape trials were denied the right to cross-examine complainants, and denied an earlier call for anonymity for men accused of rape. Gordon Jackson, MSP, Q.C., pointed out that only one such occasion had arisen in the past five years, and that the judges ensured that such cross-examinations were not abusive. In the same period, two young men committed suicide (details below) but Mr. Wallace and Parliament did not act to prevent this occurring again. Thus did the last Parliament signal that the temporary distress of one woman is of greater concern than the death of two entirely innocent young men.

False allegations of sexual crimes devastate the lives of innocent individuals, and the lives of their loved ones. It also damages the credibility of genuine victims of sexual crimes. The complainants of sexual crime are most often women or children, and the accused most often male: as such, complainants, whether genuine victims, or false accusers, naturally get the sympathy of society at large, and the authorities in particular. Men are neither objects of natural sympathy or beneficiaries of Politically Correct orthodoxy, and men are the main victims of false allegations.

Feminist advocacy groups, and their judicial and political sympathisers, are systematically attempting to remove essential and hard-won civil liberties, human rights and legal safeguards that have been in place for many centuries. The malign influence of these groups upon justice is only now starting to be recognised. The scandalous series of false child abuse scandals in Cleveland, Ayrshire* and The Orkneys devastated scores of families, and in addition, it completely discredited Social Services, which makes it more difficult to convince a jury of the guilt of an actual abuser.

Last year, Dr.Marietta Higgs, the main protagonist in the spate of false allegations in Cleveland, was banned from giving evidence on behalf of Procurators Fiscal as she was " over-zealous to find abuse in every case"

Last month, Dr. Marraidh Taige, of Easterhouse Women’s Aid, was criticised by Lord Hardie as being "incapable of objectivity" and her "expert evidence" was totally dismissed.

Women’s Aid and Rape Crisis Centres both state in their literature " We always believe the woman". Strathclyde (now Glasgow) Rape Crisis Centre’s confidential training literature states "We believe all men are potential rapists". Both statements clearly display a lack of objectivity. Both are generously funded by Government and quango, and both exert considerable influence on policy. Zero Tolerance were forced to withdraw advertisements that, in essence, indicated that all men were potential rapists. The Advertising Standards Authority also held that a UKMM complaint about Zero Tolerance’s fake rape figures was prima facie evidence of dishonesty on another of their adverts. Zero Tolerance is backed and funded by The Executive, despite their obvious lack of objectivity and their maliciously anti-male agenda.

The distortions, lies and spiteful malice of feminist advocates should have no place in the deliberations of Parliament, and we ask the PCC to discard them when considering our evidence and argument.

Former Justice Minister Jim Wallace declared a desire to secure more convictions for rape, as have others in all the main parties; Mr.Wallace, a Queen’s Counsel, persistently and wrongly refers to complainants as "victims". To point this out is not mere pedantry, as the use of the word "victim" is emotive, and an acceptance that a rape actually occurred when a complaint is made: it prejudices consideration of the issue. Mr. Wallace condemned the attrition rate in complaints, apparently without stopping to consider that a high attrition rate may be due to political interference that pressurises Procurators Fiscal and police to pursue even the most weak or blatantly false accusations may be the main cause of attrition. It is a matter of great concern that the leader of a party based on liberalism cannot see, or chooses to ignore, the dangers inherent in attempting to secure convictions via the political process, rather than the judicial process. In an earlier submission we enclosed a report from the U.S. Dept. of Justice, "Convicted By Jury, Exonerated By Science" (commissioned by Attorney General Janet Reno), that proved, by retrospective DNA testing in the USA has shown that one third of men who have been through the entire justice system of arrest, trial and incarceration are innocent. (Similar results were obtained in an independent study undertaken by the US Air Force.)

These men were convicted and imprisoned before DNA testing was available, and of course it only cleared those men who had been wrongly identified or who had never actually had sex with their accuser; others who had been wrongly convicted for other reasons, such as political interference in the judicial process, are still tarnished and incarcerated. The report expresses great concern that "the justice system has been skewed by political and social pressures, resulting in a tendency to coerced "confession", tampering with evidence, biased judges," etc. In recent years there has been a steady erosion of the standards of proof required for a conviction, and the methods that may be employed by counsel in the defence of an accused.

There are now calls for an accused to prove that sex was consensual, rather than for the prosecution to prove that it was not.

This is in effect a presumption of guilt, which is offensive to natural justice, and that is contrary to our accusatorial system of jurisprudence. Political outcomes to criminal trials are the hallmark of tyranny, not that of an equal and inclusive democracy that is the expressed wish of this Parliament.

Part two: reasons for, and some examples of, false accusations.

We are alarmed by the proliferation of false rape allegations, and the seeming indifference with which the authorities treat this offence, often not prosecuting even when there was a prima facie case of false allegation to answer, and even when the accuser admitted it was a complete fabrication.

False allegations may be made for a number of reasons, the most common being revenge, attention-seeking, malice, fiscal reward via the Criminal Injuries Board. or civil suit, and advantage in marital disputes now that prosecutions are made for rape in marriage. In the case of "rapes" celebrities such as singers Mick Hucknell, and Paul Weller, TV personalities John Leslie and Craig Charles, and Neil and Christine Hamilton, there is huge attention and the opportunity to make a fortune in a civil action against the "offender". Although these well-known persons are subjected to very unpleasant publicity, when they are cleared their celebrity ensures that equal prominence is given to their innocence: the general public are not so fortunate. Their being charged is often reported in a salacious and sensational manner by the media, but there is little news value in publishing the fact that , that they have been acquitted. If the case has been dropped before going to court, then there is even less interest, even presuming that they get to hear of it.

As an organisation, the UKMM are (compared to feminist advocacy groups), impoverished in terms of funds and manpower. Consequently, we are not able to conduct the research we would like to be able to do in collecting evidence of false allegations. We petitioned for proper neutral research into rape complaints four years ago. On that occasion, Gil Paterson, MSP, addressed the committee on why they should not back our proposals, which included a proposal for research into all complaints of rape from first allegation to eventual disposal. This research would have help to establish both the incidence of false accusation, and the likely incidence of those escaping justice. Strangely, last November, Mr. Paterson condemned Mr.Wallace for failing to commission research into the attrition rate of rape complaints- -we are pleased that he has come to agree with us that this research is necessary. We would not be so churlish as to accuse Mr.Paterson of empty political posturing, or of  having an agenda to appoint a "safe pair of hands" in the form of a pet, prejudiced academic undertake a study with terms of reference specifically designed to exclude an undesirable result, (such as that commissioned by the Executive in the reprise of the Scottish Crime Survey.)

Glasgow Rape Crisis Centre made a very hostile submission to our earlier petition, and did not back our call for research into rape cases. Sandy Brindley, of that organisation, was on TV recently backing Mr.Paterson’s call for more research, We are surprised and happy to have converted them to our viewpoint, and of course e we not for one moment suggest that they are any more likely than Mr.Paterson to have some suitably "on message" academic in mind.

Lacking ourselves facilities for this research, we have detailed below some cases of false allegations; snippets from press articles collected by one of our members, and passed to us shortly after his death by his wife. They are in no way an indication of the full extent of false allegations.

The press cuttings we have provided in our previous petition showed a dozen false allegations being made, often for extremely trivial reasons, and as can be seen, the consequences are often tragic, but the sentences, if any, given to false accusers are usually outrageously lenient.

There have been two suicides that we know of, of men who had been falsely accused of rape.

Some examples of false allegations:

* - In the two years prior to our first submission of our first petition on false rape allegations In 1997, Eilidh Connell, of Ayr, admitted a false rape allegation at Ayr Sheriff Court(17/02/97), and she was given a sentence of 240 hours community service. Her victim, Stuart McLaughlin, aged 19, had been detained for months awaiting trial, and the pressure of this ordeal, the blow to his faith in human nature, and the continuing stress of his having to deal with people who had heard of his arrest, but not of his exoneration, ended in him taking his own life. She had made up the allegation to make a former boyfriend jealous.

* - John Beattie, aged 19, of Falkirk, committed suicide after being falsely accused of rape by a woman from a Falkirk family "known to the police". The complainant’s friend had previously made an accusation and received several thousand pounds in Criminal Injuries Compensation. Mr. Beattie’s father has been in touch with the Procurator Fiscal since his son’s death. The fiscal intimated to me that he would have liked to have been able to bring charges against Mr.Beattie’s accuser, but was unable to do so.

* - Last week, Dr. Nadim Shah, formerly employed as a Resident in Ninewells Hospital in Dundee, was cleared after a mere half-hour by a jury at Edinburgh High Court. His "victim" admitted to have been infatuated with Dr.Shah for some years. She admitted to defence counsel that she had over a period of time had made between 40 and 50 "crank calls" to Dr. Shah’s wife. She admitted that she had slipped out of her parents house in the early hours of the morning (around 4a.m.) to keep an assignation with Dr. Shah in his hospital. She lost her virginity there in fairly squalid circumstances in a brief and unsatisfactory encounter. She left the hospital with Dr.Shah, and he paid for her taxi home. She continued to text Dr. Shah, but when he did not respond to her wish for a continued relationship, she decided she had been "raped" and made a complaint against Dr. Shah. Despite a mass of evidence to the contrary, Dr. Shah was taken all the way to trial, to an inevitable acquittal. I spoke an press agency court reporter, who has thirty years experience of covering trials. He said that although from he had evolved a professional technique of detaching himself from considering the guilt or otherwise of accused,(in order to be professional and objective), within five minutes of the girl starting her evidence, he felt that it was going to acquittal. This woman displayed behaviour of a stalker; frequent crank calls, a relentless pursuit of her prey, a refusal to accept that the affair was over, and an act of vindictive vengeance when her prey rejected her. The Shah case poses what should be an obvious question: if a male stalker had finally had a sexual liaison with a female victim, would the police and prosecution authorities have been so zealous to prosecute his victim with a sexual assault? The answer is obviously "no", because political and social pressures create a huge double-standard around the issue of sexual offences.

* In 1998, in order to avoid having to journey by bus from France back to Britain, in a well-publicised incident, a 15-year-old girl made a false allegation of rape in the hope of being flown home instead. (She was, and no other action was taken against her other than to ban her from future school trips. She did this in the full knowledge that a young English girl had been raped and murdered on a French school trip two months previously, and that such an accusation was bound to cause great distress. Her friend, who had conspired with her in this crime, received no punishment of any kind. A local man had been remanded, and subjected to rigorous tests and interrogation. No sexual intercourse took place between the accused and accuser.

* Four years ago a former Chairman of The Scottish National Party had been wrongly charged with the rape of his daughter after she had received psycho-"therapy" that implanted false memories of abuse. He was only cleared when it became clear that it was physically impossible for him to have done so, As his daughter had made the accusations as a result of her illness, (rightly) no action was taken against her.

*Wendy McClung was convicted of "wasting police time" at Inverness Sheriff Court (09/02/2000). To avoid parental disapproval, she made a false allegation against a completely innocent man, who had been remanded, and had had his home attacked and set on fire by a mob, and had "rapist" and "beast" painted on his walls and windows, before his accuser was exposed as a liar. Her victim lost two stones in weight and stated "my nerves are shot to pieces". McClung was not even fined, far less imprisoned, but given nine months probation.

*- Seven years ago, Anthony Tovey, a young man of good character (who joined UKMM as a result of his experiences) was remanded for several months on a charge of rape, until he was cleared by DNA testing. DNA testing would have exonerated him immediately, as no intercourse took place between accuser and accused at any time. Some prosecutors are deliberately delaying dropping weak or patently false cases in order to appear "on message" with regard to rape. Mr.Tovey is still traumatised by the experience today, as is his mother and other relatives. Anthony and his relatives’ experience has been replicated many times, before and since.

* We were contacted by Susan Cantona- Murray when her husband was charged with rape after he had had sex with a woman who had befriended Mrs. Cantona-Murray in order to (in her opinion) seduce her husband, who had had sex with her and immediately expressed to the complainant that he regretted betraying his wife, and that he did not want any sort of relationship with her. She made a malicious complaint of rape, but she had also bragged to friends that she was going to "have" him, and she also told friends afterwards that she had had sex with him willingly. The prosecution dropped the case after she had given evidence. Mrs. Cantona-Murray has appeared on national television several times since in support of our proposals, and is willing to give evidence to the Parliament. The family are now trying to move from England to Glasgow to make a clean start.

* Student Ashleigh Pitman was been arrested for rape after a former girl friend had complained that he had raped her two years previously. She had formed a relationship with an Iranian Muslim, who to whom loss of virginity was unacceptable, other than by rape. She received probation for her false accusation.

* - Daily Record, 26/3/97 by Charles Beaton.

Eric Andries of Stewarton, Ayrshire, admitted a minor assault on one of two women who cadged a lift from him in Glasgow, then demanded money with violence and threatened to charge him with rape. Temporary Judge Alistair Stewart, QC, said he " accepted his version of events".

* Record 23/5/97 (no bye-line.)

Rape Lie bride dodges jail.

Rosie McKenzie, 31 falsely accused a former boyfriend Bill McKenzie, to try to save her wedding ( no elaboration) Put on a year's probation at DingwallSheriff Court, (22/5/97).

* Record 6/4/ 97

James Chapman, of Bishopbriggs, was framed by wife after a row over money. She took a video of one of their bondage sessions to police and reported a "rape".

7 days in jail and loss of job for Mr. Chapman, also barred from seeing son whilst on bail. Mr Chapman has asked his wife for an IOU for his parents, who had lent her thousands of pounds, which had started a row. Mr Chapman complained bitterly of the cost to himself and the courts.

Article by David Thompson.

* Herald, 16/3/96

Tracey McManus walks free from court after admitting she had lied that Lawrence Kelly, of Grangemouth, had raped her. The court claimed she "had shown no remorse" Police waste 30 hours investigating.

Mr Kelly said he bore no grudges.

* DailyExpress, 15/11/95

Caroline McKinley, 18, admitted wasting police time at Dumbarton. She was the first woman to be jailed by Sheriff John Fitzsimmons. She told police " I was happy enough until the sex was all over, but later I didn't want it to have happened. It as her boyfriend, they had rowed and he had drove off and left her, so concocted a pack of lies for revenge.

She was sentenced to the maximum, of three months after refusing to comply with probation orders, Sheriff Fitzimmons " I regret having to impose a custodial sentence, (why? PETITIONER) but it is the only course left open to me.... you have shown no appreciation of the consequences to this man if he had been convicted (!) nor have you shown any signs of remorse."

* Record 15/12/95.

Liz Skene, admitted wasting police time at Falkirk Sheriff Court by making a false accusation Sentence deferred for reports. Her victim, Brian Ross was cleared by DNA after a delay of one month. His hair turned grey "almost overnight" Friend say the once-happy bachelor had become a recluse.

Record Editorial, 2/2/96 condemns her sentence(probation) .

*Scotsman. July 12/97. (Karen McVeigh)

High Court, Glasgow.

In the trial of Donald Lamont, of 40 Onslow Drive , Glasgow:

Prosecutor James Campbell, QC;

" .... (I) have considered the evidence, and have formed the view that it is no longer appropriate to seek a conviction."

The victim, suffered bankruptcy (he was a taxi driver, pending court case meant unable to renew his cab licence, his marriage broke under the strain (later reconciled) His wife became ill due to the stress of the case. She said " I never doubted he was innocent for a minute."

***************

In our previous petition, we enclosed some newspaper cuttings, showing other examples of false rape allegations.

*- Mr. Aftab Ali was freed by the jury at Edinburgh High Court after a homeless woman, who had three other men similarly charged with false allegations at different times previously, had maliciously charged him with rape.

*- Natalie Knighting was jailed for six months on 26/08/01 when she admitted she had lied when claiming to have been raped. She had done so after a friend had received 7,500 in Criminal Injuries Compensation. She had claimed to have been raped by a stranger, and a homeless man answering the description had been arrested and remanded. Her deception only cam to light when her boyfriend was s arrested for theft, and his DNA was found to match the "rape" sample.

*- Elizabeth Wyper was ordered to pay her victim £500 compensation, and do 180 hours community service ( Sheriff Colin Milller, Ayr Sheriff Court) after admitting that she had lied about rape after having willingly has sex with Mr. James Crawford.

*- PC Kenneth Watson, of Inverness, was subjected to a criminal and internal investigation after Frances Lawler accused him of sexually assaulting her after he had responded to a call she had made. Some months later, she made similar false claims against two officers in different areas. All three officers stood to lose their good names, jobs, pensions, families and freedom had she not been exposed by a combination of good police work and good fortune. She was jailed for all of three months after admitting to a charge of Public Mischief By Wasting Police Time.

* Mr. Roy Burnett served fifteen years, for a non-rape, as detailed in the report below.

In the quote below, the judge’s comments are particularly significant.

07/04/02 (10:55) MAN FREED OVER RAPE `THAT ALMOST CERTAINLY NEVER HAPPENED'

By Mike Taylor, PA News

A man who has spent nearly 15 years in jail for the brutal rape of a student nurse was cleared and freed today after the Court of Appeal held that the crime "almost certainly never happened at all".

Roy Burnett, 56, a gardener from Bromley, Kent, was jailed for life at the Old Bailey in 1986 after a jury accepted evidence from the 20-year-old nurse that she had been raped and seriously assaulted.

Burnett refused to admit his guilt, but had no grounds for an appeal until 1998 when the same woman made a false complaint of rape to Devon police.

The Metropolitan Police were informed and Burnett's case was re-opened.

But for the action of the police, he "might have continued to be incarcerated for many years yet", said appeal judge Lord Justice Judge today. The judge, sitting in London with Mr Justice Wright and Mrs Justice Rafferty, said: "If nothing else, this case provides a salutary reminder that an allegation of rape is not always true and that the man against whom it is made is not necessarily guilty. "It should serve to ensure that proper safeguards against the wrongful conviction of innocent individuals are preserved. If so, then, although of no comfort whatever to Mr Burnett, something positive will have been salvaged from this disaster."

The judges referred the papers in "this profoundly disturbing case" to the Director of Public Prosecutions for him to consider whether the woman should be prosecuted for any criminal offence. The judge said the false allegation made by the woman in 1998, in which she gave inconsistent accounts of being attacked by two men in a car, raised serious questions about her credibility. When Burnett's case reached the Court of Appeal, the Crown did not seek to uphold his conviction because she could no longer be relied on as a witness of truth. Although she remained adamant that her complaint against Burnett was true - that he followed her home from a bus, dragged her into woodland and threatened her with a knife before raping her - she declined to give evidence in the appeal.

Her current boyfriend, whose baby she had recently given birth to, described her as "attention seeking".

The judge said a re-examination of the evidence given at the Old Bailey in 1986 revealed many inconsistencies in her various accounts of what happened and her description of her alleged assailant. Scratch marks on her body, shown in photographs taken of her at the time, were, according to fresh expert evidence, "typical of self-inflicted injury". Someone capable of inflicting those widespread injuries on herself would be well-able to damage her own clothes, said the judge. The absence of other injuries which would have been expected if she had been attacked in the way she claimed was "surprising to the point of incredulity". "After anxious reflection on all the evidence now available, each member of the court has felt impelled to the conclusion that the only realistic explanation for the significant variations in her accounts is that these particular allegations of rape, buggery and assault occasioning actual bodily harm were not true." The judge said the court was troubled about Burnett's immediate future. There was anxiety that he might have become institutionalised. A great deal of trouble had been taken to find him suitable accommodation "so that he may be gradually rehabilitated into the community". . His mental acuity was described as "limited". But he consistently protested his innocence of the rape and, because of his refusal to admit guilt, all his applications for parole were turned down. Later, Mr Burnett left the court cells by a rear exit and was driven away without comment. His solicitor, Deborah Harman, said: "He has asked me to say on his behalf that he is very happy that at last the truth has been made public that he did not commit these terrible crimes. "He wants to thank the police for investigating his case and the very supportive probation service.

"He was impressed by what the judge said about not assuming guilt and that people should be wary about false allegations." Miss Harman added that Mr Burnett had told her he did not have any resentful feelings about the woman who accused him." .

Compensation for Mr.Burnett’s ordeal will cost the tax-payer an estimated £500,000, in addition to the costs of police investigations, his trial and incarceration. There has as yet been no decision to prosecute his persecutor.

*******************

An example of the evolution of a false complaint, and of improprieties in prosecution.

In March, 2002, I spoke with Simon Collins, the Prestonpans-based lawyer of a young man, Ryan Glinn, who narrowly escaped an (estimated) five-year sentence for "rape" . The young man was cleared by the last- minute production of video-tape evidence uncovered by Mr. Collins, apparently concealed by the Fiscal or the police. This non-disclosure of vital evidence was the subject of long-drawn out complaint by Mr Collins to The Lord Advocate. What was put forward by the authorities was that the video evidence was not properly examined by either the police or the Fiscal’s department, with neither inclined to take the blame for a blunder that was expensive in both human and legal costs. It is open to conjecture as to whether their were more sinister, politically-motivated reasons for this omission, if in fact the police and prosecuting authorities were over-zealous to convict. The consequences for young Mr. Glinn were considerable, he disappeared from his home town and has not been seen since the trial. Mr Collins told me he was 100% convinced of the innocence of his client, and that the judge had invited the Advocate Depute in the strongest terms to abandon the case, but she insisted in going to the wire. Mr. Collins told me in our March conversation that he strongly believes, as we do, that politics and the media are undermining justice ( The US Dept of Justice study "Guilty by Jury, Exonerated by Science" ordered by the then Attorney-General Janet Reno) stated that "political and social pressures are pressuring the justice system to deliver guilty verdicts against innocent men." In the case of the US DOJ study, almost 33% of men in a sample study of 93 court-decreed "rapists", who were convicted before the advent of DNA testing, were proven innocent when retrospective DNA testing was undertaken.)

 

The Ryan Glinn case is a salutary lesson in how political and social pressure make it easy to wrongly convict a man for rape.

In the Ryan Glinn case, the complainer (or more accurately false accuser) and her female friend had been with two boys in a car. It was late, and both girls were under a parental curfew. Both the complainer, and the accused, and possibly the other witnesses, were under the influence of drink The complainer and the accused left the car and went into the grounds of a nearby school grounds leaving her (girl) friend and her chum's boyfriend in the car. There was a failed, fumbled attempt at intercourse, and when the complainer returned to the car, the accused left, leaving the complainer with her friend, and her friend's boyfriend.

Her chum berated her at some length for being so long, and for causing them both to break the parental curfew. Under pressure, under the influence, and emotional , she blamed the accused for not letting her go. The other boy, reacting to her feigned distress asked her if the accused had forced her. The girl, grasped at this straw, merely to avoid the displeasure of her friend.

Eventually, by the time this goes to court, we have sworn statements from the three that the girl arrived at the car running and hysterical. (This statement by the three witnesses was the crucial factor that established the boy's innocence, as CCTV footage showed her strolling back to the car with the boy who then left, but this only emerged the day before the trial

As the girl grows into her part, we now have police and fiscal convinced of the boy's guilt, so much so that it appears that vital evidence was at best overlooked, at worst concealed. The recent Channel 4 documentary SEX CRIMES INVESTIGATORS, featured a rather mannish policewoman, with a fairly obvious "all men are potential rapists" attitude.

I am happy to say that from the experience we have in Scotland, this type of blinkered and sexist officer does not represent the average female officer, although they do exist. Such officers are not above manipulating the complainant. Complainers are given advice to contact a Rape Crisis Centre. I have on RCC training documents leaked to me from the then Strathclyde, now Glasgow RCC, by a genuine rape victim, that states "we believe all men are potential rapists" and "we always believe the woman" which indicates an extremely unhealthy attitude to men. At an RCC she would have been pressured, propagandised, and coached in giving evidence, and made aware of the carrot of £11,000 from the Criminal Injuries Compensation Board.

The Fiscal's office is supporting her, and coaxing her. At least one, and possibly all of the three agencies above will be coaching her in a perversion of her evidence. Two independent witnesses, her chum and his boyfriend, will swear that she arrived at the car at the run, alone and distressed. It is quite possible that by that time, all of them believed it.

The girl, only 16, finds herself painted into a corner; instead of parental discipline for wrong-doing, she has now has sympathy for a traumatic " experience" from police, fiscal and others, and she has started a legal and emotional juggernaut from which she cannot dismount. .

She is the centre of attraction, the beneficiary of much sympathetic attention, and soon to be £11,000 richer. She would now be in an extremely uncomfortable position if she were to tell the truth. She finds it easier, and much more profitable, to go along with the deceit.

A young man, of previously good character, is going before a court where the standards of evidence have been tilted against the accused in rape trials by politicians anxious to appease the feminist lobby. Chief Constables are also under pressure, they like to please their political paymasters; we have police gung-ho for convictions, and a Fiscal's office so anxious to please the Executive's desire for more convictions, advance their careers, or push a personal agenda, that vital evidence is not presented. An attitude of " Don't confuse me with facts if they conflict with dogma, or affect my career interest " prevails.

By now it's obvious; this boy is going down.

It is of vital importance to appreciate that only a chance meeting between his lawyer and the school janitor, with an equally fortuitous turn in the conversation, that prevented a young man's life from being ruined. That, and his lawyer, Mr. Simon Collins, being sharp enough, and dutiful enough, to follow up the janitor's off the cuff remark that the CCTV tapes were kept for a year, not a month as the boy had believed. He obtained discovery of the tapes which had been seen, and possibly concealed, by both the police and the prosecuting authorities. The tapes proved conclusively that all the prosecution witnesses present at the "rape" had lied, yet no action was taken against any of them. Both the concealment, (or at best, a disregard) of the CCTV evidence, and the lack of any punitive action against the perjured evidence offered should be matters of great public concern, but they are of no interest to the authorities, and their inaction will do nothing to discourage other false accusers.

The UKMM is of the opinion that rape crisis centres and other feminist organisation, and many MSPs don't much care if a 17 -year-old boy has his life ruined if it stands in the way of demonising men; We very much hope that MSPs will prove us wrong in this. A free society obtains judicial outcomes for rape trials, not politically-desired convictions: political outcomes to criminal proceedings are the hallmark of totalitarian regimes.

 

Addenda:

Possible objections to our proposals, and rebuttals:

 

Anonymity:

It has been said that it is the accused who is on trial, not the complainer. This is true, but it is also true of every other criminal complaint, If women are to be given anonymity in recognition of a unique damage done to their reputation, then it is clear that a unique damage is done to the reputation of the accused. It could be argued that, given the sexual mores of the day, very little damage is done to the reputation of the complainer. The notion of damage to a woman’s reputation is rooted in a past when there was very significant social consequences to women who were seen as consenting to sex outside of marriage. Today, in most complaints, particularly those referred to as "date rapes" if the complainer had had consensual sex, the attitude of most people would be " So what?"

However, to be branded as a "beast" by the mob, or to be looked at askance or silently judged by others, as happens to those accused of even the most patently false allegation makes out a case that it is the accused who is more in need of anonymity in many cases. In a response to our 1999 Petition, the then Justice Minister's response stated that the publicity following a report of an alleged rape, with the accused name being made public, could encourage other alleged victims to come forward, or possible witnesses.

Again, he ignored the obverse of that argument, i.e. publicly naming the accuser could encourage a man who had been subject to a false accusation from the complainant to come forward, or other witnesses for the defence.

Throughout their submissions, respondents such as Rape Crisis Centres, Women's Aid, Barnado’s, and even the Justice Minister (Jim Wallace, QC) referred to complainants as "victims" and complaints as "rape", frequently defendants were referred to as "rapists". This reflects a deep-rooted lack of objectivity. Many respondents deliberately misunderstood our proposals, in order to make emotive arguments. For Parliament to give way to this is to elevate emotion above the reason and objectivity that should be the guiding light for legislators. This Parliament has a professed commitment to equality; anonymity should be give to both complainer and accused, or to neither.

It has also been said that open justice requires that the accused be named. Open justice demands no less with regard to accusers-- "Show me my accuser."

It has been stated, perhaps correctly, that naming an accused encourages others to come forward, either as witnesses or complainers.* The same is equally true with regard to naming the complainer: naming a complainer may encourage others who have overheard remarks, or witnessed the incident, to come forward as witnesses, and it may encourage others who have evidence of previous false complaints. We have several examples of women who have bragged to friends of having intercourse with an accused, before deciding they were "raped". Fortunately, as in the case of Jed Cantona-Murray, the conversations came to the attention of his wife, who made defence counsel aware of them, which helped secure her husband’s release. Giving anonymity to complainers, but not to the accused, creates an inequality of arms between defence and prosecution in some cases.

* This can also have an "bandwagon" effect that is deleterious to justice, when others see profit in making a false accusation.

False accuser’s register.

There were objections to this proposal in our 1999 petition, mainly from those who deliberately affected to misunderstand our clearly stated proposal. They affected to believe that a "not guilty" verdict would mean that a complainer would automatically go on the register. This was never our proposal, and it is not our proposal today. It is blatantly obvious that a "not guilty" verdict does not mean that a false accusation has been made, it means that the prosecution has been unable to prove their case: to prosecute the complainant would be unsafe in some cases, and a huge injustice in genuine complaints where victims who have seen their accuser dupe the courts.

The register should only contain those who have been found guilty by a court of making a false allegation, i.e. those who have been proven beyond reasonable doubt, which is the standard of proof required in all trials, and exactly the same criteria used for those who are placed on The Sex Offenders Register. False accusations waste police and court time, and devastate lives. A register would enable police and courts to better weigh complaints from convicted false accusers.

To demonstrate the degree of feminist- inspired cant, partiality and chicanery that " research" into rape is prone to, attached is a well-researched study by American academic Christina Hoff-Summers " Researching The "Rape Culture" of America. Whilst this study is American in origin, the same duplicity is practised in Britain.

 

The need for a new crime of Making A False Allegation.

Objections to this are that the existing law is already adequate to deal with false accusations. It is patently obvious that if it is, then it is not being applied with the same vigour that alleged sexual offences are prosecuted. In many cases of blatant false allegations, no action is taken. This would not be countenanced there was prima facie evidence of a criminally false accusation of say, burglary or robbery for the purpose of insurance fraud, or a false allegation of a murder to deflect blame from another party. It is clear that this reluctance to prosecute is due to political pressure, and there fore that pressure should be removed, preferably by The Lord Advocate instructing Procurators to prosecute whenever they have sufficient evidence.

On producing an education pack.

I can think of no serious objection to educating legislators in using accurate language.

The deliberate misuse of words such as "victims" has serious social consequences: it gives the public the false impression that justice is not being done in the majority of cases, and it serves the feminist purpose of demonising men.

Below is a copy of a letter sent to "The Herald" that de-bunks the myth of rape complaint attrition rates, and which underlines sub-conscious impact of using "rape" instead of alleged rape, and "victim" instead of "complainer".

 

Dear Sir:

Hamish Macdonnel wrote of the "fragile state" of Scotland’s criminal justice system, as only one in 20 rapes reported to the police results in a successful conviction." Wrong. This shows the robust state of our justice system in resisting the political pressure to convict innocent men.

Mr. McDonnell has fallen into a feminist propaganda trap, and replaced fact with assumption. By what process was he able to infallibly deduce that the other 19 alleged "rapes" were actual rapes? This is not mere pedantry; his first sentence has the reader subconsciously hooked on to the lie that out of every 20 actual rapes, 19 guilty men go free. Throughout he refers to "rapes" , not "alleged rapes". Jim Wallace, with one eye on the feminists , states that "592 "crimes" of "rape" were recorded in 2000." Our Minister for Injustice thus condemns all the men who were acquitted by the courts, all the men that the police decided were falsely accused, and all the men who did not have sufficient evidence brought against them. Mr Wallace is well aware that all complaints of rape must now be "crimed" by police.

No doubt some guilty men have gone free, and that is a matter of regret, but political pressure has resulted in police having to enter the most ridiculous and patently false accusations as "crimes", and Procurators Fiscal to pursue weak cases. This gives feminists a self-created built-in failure rate to whine about.

Lord James Douglas Hamilton, for the Conservatives, claimed it was the duty of Mr Wallace and the justice department to ensure a better "success" rate. Wrong, M’ Lord; Mr Wallace has a duty to ensure that justice be done. You fall into the feminist trap of seeking a political outcome to rape trials, not a proper judicial outcome, such as proper examination of the evidence by a judge and jury provides. Rape Crisis Centres describe themselves as "Collectives organised according to Marxist principles". Easy to see how they can confuse political outcomes with judicial outcomes in trials, but we expect better from our "Justice" Minister, not to mention the Conservative spokesman for Justice.


 

Report by Christina Hoff Summers on the manipulation of rape research.

 

Researching the "Rape Culture" of America

An Investigation of Feminist Claims about Rape

By Christina Hoff Sommers
Associate Professor of Philosophy
Clark University


As an associate professor of philosophy at Clark University, Dr. Christina Hoff Sommers specializes in contemporary moral theory. She has written articles for The New Republic, The Wall Street Journal, the Chicago Tribune, The Washington Post, and The New England Journal of Medicine.


As a crime against the person, rape is uniquely horrible in its long-term effects. The anguish it brings is often followed by an abiding sense of fear and shame. Discussions of the data on rape inevitably seem callous. How can one quantify the sense of deep violation behind the statistics? Terms like incidence and prevalence are statistical jargon; once we use them, we necessarily abstract ourselves from the misery. Yet, it remains clear that to arrive at intelligent policies and strategies to decrease the occurrence of rape, we have no alternative but to gather and analyze data, and to do so does not make us callous. Truth is no enemy to compassion, and falsehood is no friend.

Some feminists routinely refer to American society as a "rape culture." Yet estimates on the prevalence of rape vary wildly. According to the FBI Uniform Crime Report, there were 102,560 reported rapes or attempted rapes in 1990.[1] The Bureau of Justice Statistics estimates that 130,000 women were victims of rape in 1990.[2] A Harris poll sets the figure at 380,000 rapes or sexual assaults for 1993.[3] According to a study by the National Victims Center, there were 683,000 completed forcible rapes in 1990.[4] The Justice Department says that 8 percent of all American women will be victims of rape or attempted rape in their lifetime. The radical feminist legal scholar Catharine MacKinnon, however, claims that "by conservative definition [rape] happens to almost half of all women at least once in their lives."[5]

Who is right? Feminist activists and others have plausibly argued that the relatively low figures of the FBI and the Bureau of Justice Statistics are not trustworthy. The FBI survey is based on the number of cases reported to the police, but rape is among the most underreported of crimes. The Bureau of Justice Statistics National Crime Survey is based on interviews with 100,000 randomly selected women. It, too, is said to be flawed because the women were never directly questioned about rape. Rape was discussed only if the woman happened to bring it up in the course of answering more general questions about criminal victimization. The Justice Department has changed its method of questioning to meet this criticism, so we will know in a year or two whether this has a significant effect on its numbers. Clearly, independent studies on the incidence and prevalence of rape are badly needed. Unfortunately, research groups investigating in this area have no common definition of rape, and the results so far have led to confusion and acrimony.

Rape: "Normal Male Behavior"

Of the rape studies by nongovernment groups, the two most frequently cited are the 1985 Ms. magazine report by Mary Koss and the 1992 National Women's Study by Dr. Dean Kilpatrick of the Crime Victims Research and Treatment Center at the Medical School of South Carolina. In 1982, Mary Koss, then a professor of psychology at Kent State University in Ohio, published an article on rape in which she expressed the orthodox gender feminist view that "rape represents an extreme behavior but one that is on a continuum with normal male behavior within the culture" (my emphasis).[6] Some well-placed feminist activists were impressed by her. As Koss tells it, she received a phone call out of the blue inviting her to lunch with Gloria Steinem.[7] For Koss, the lunch was a turning point. Ms. magazine had decided to do a national rape survey on college campuses, and Koss was chosen to direct it. Koss's findings would become the most frequently cited research on women's victimization, not so much by established scholars in the field of rape research as by journalists, politicians, and activists.

Koss and her associates interviewed slightly more than three thousand college women, randomly selected nationwide.[8] The young women were asked ten questions about sexual violation. These were followed by several questions about the precise nature of the violation. Had they been drinking? What were their emotions during and after the event? What forms of resistance did they use? How would they label the event? Koss counted anyone who answered affirmatively to any of the last three questions as having been raped:

8. Have you had sexual intercourse when you didn't want to because a man gave you alcohol or drugs?

9. Have you had sexual intercourse when you didn't want to because a man threatened or used some degree of physical force (twisting your arm, holding you down, etc.) to make you?

10. Have you had sexual acts (anal or oral intercourse or penetration by objects other than the penis) when you didn't want to because a man threatened or used some degree of physical force (twisting your arm, holding you down, etc.) to make you?

Koss and her colleagues concluded that 15.4 percent of respondents had been raped, and that 12.1 percent had been victims of attempted rape.[9] Thus, a total of 27.5 percent of the respondents were determined to have been victims of rape or attempted rape because they gave answers that fit Koss's criteria for rape (penetration by penis, finger, or other object under coercive influence such as physical force, alcohol, or threats). However, that is not how the so-called rape victims saw it. Only about a quarter of the women Koss calls rape victims labeled what happened to them as rape. According to Koss, the answers to the follow-up questions revealed that "only 27 percent" of the women she counted as having been raped labeled themselves as rape victims.[10] Of the remainder, 49 percent said it was "miscommunication," 14 percent said it was a "crime but not rape," and 11 percent said they "don't feel victimized."[11]

In line with her view of rape as existing on a continuum of male sexual aggression, Koss also asked: "Have you given in to sex play (fondling, kissing, or petting, but not intercourse) when you didn't want to because you were overwhelmed by a man's continual arguments and pressure?" To this question, 53.7 percent responded affirmatively, and they were counted as having been sexually victimized.

The Koss study, released in 1988, became known as the Ms. Report. Here is how the Ms. Foundation characterizes the results: "The Ms. project-the largest scientific investigation ever undertaken on the subject-revealed some disquieting statistics, including this astonishing fact: one in four female respondents had an experience that met the legal definition of rape or attempted rape."[12]

The Official "One in Four" Figure

"One in four" has since become the official figure on women's rape victimization cited in women's studies departments, rape crisis centers, women's magazines, and on protest buttons and posters. Susan Faludi defended it in a Newsweek story on sexual correctness.[13] Naomi Wolf refers to it in The Beauty Myth, calculating that acquaintance rape is "more common than lefthandedness, alcoholism, and heart attacks."[14] "One in four" is chanted in "Take Back the Night" processions, and it is the number given in the date rape brochures handed out at freshman orientation at colleges and universities around the country.[15] Politicians, from Senator Joseph Biden of Delaware, a Democrat, to Republican Congressman Jim Ramstad of Minnesota, cite it regularly, and it is the primary reason for the Title IV, "Safe Campuses for Women" provision of the Violence Against Women Act of 1993, which provides twenty million dollars to combat rape on college campuses.[16]

When Neil Gilbert, a professor at Berkeley's School of Social Welfare, first read the "one in four" figure in the school newspaper, he was convinced it could not be accurate. The results did not tally with the findings of almost all previous research on rape. When he read the study he was able to see where the high figures came from and why Koss's approach was unsound.

He noticed, for example, that Koss and her colleagues counted as victims of rape any respondent who answered "yes" to the question "Have you had sexual intercourse when you didn't want to because a man gave you alcohol or drugs?" That opened the door wide to regarding as a rape victim anyone who regretted her liaison of the previous night. If your date mixes a pitcher of margaritas and encourages you to drink with him and you accept a drink, have you been "administered" an intoxicant, and has your judgment been impaired? Certainly, if you pass out and are molested, one would call it rape. But if you drink and, while intoxicated, engage in sex that you later come to regret, have you been raped? Koss does not address these questions specifically, she merely counts your date as a rapist and you as a rape statistic if you drank with your date and regret having had sex with him. As Gilbert points out, the question, as Koss posed it, is far too ambiguous:

What does having sex "because" a man gives you drugs or alcohol signify? A positive response does not indicate whether duress, intoxication, force, or the threat of force were present; whether the woman's judgment or control were substantially impaired; or whether the man purposefully got the woman drunk in order to prevent her resistance to sexual advances.... While the item could have been clearly worded to denote "intentional incapacitation of the victim," as the question stands it would require a mind reader to detect whether any affirmative response corresponds to this legal definition of rape.[17]

Koss, however, insisted that her criteria conformed with the legal definitions of rape used in some states, and she cited in particular the statute on rape of her own state, Ohio: "No person shall engage in sexual conduct with another person . . . when . . . for the purpose of preventing resistance the offender substantially impairs the other person's judgment or control by administering any drug or intoxicant to the other person" (Ohio revised code 1980, 2907.01A, 2907.02).[18]

The Blade Cuts Deep

Two reporters from the Blade a small, progressive Toledo, Ohio, newspaper that has won awards for the excellence of its investigative articles-were also not convinced that the "one in four" figure was accurate. They took a close look at Koss's study and at several others that were being cited to support the alarming tidings of widespread sexual abuse on college campuses. In a special three-part series on rape called "The Making of an Epidemic," published in October 1992, the reporters, Nara Shoenberg and Sam Roe, revealed that Koss was quoting the Ohio statute in a very misleading way: she had stopped short of mentioning the qualifying clause of the statute, which specifically excludes "the situations where a person plies his intended partner with drink or drugs in hopes that lowered inhibition might lead to a liaison."[19] Koss now concedes that question eight was badly worded. Indeed, she told the Blade reporters, "At the time I viewed the question as legal; I now concede that it's ambiguous."[20] That concession should have been followed by the admission that her survey may be inaccurate by a factor of two: for, as Koss herself told the Blade, once you remove the positive responses to question eight, the finding that one in four college women is a victim of rape or attempted rape drops to one in nine.[21] But as we shall see, this figure too is unacceptably high.

For Gilbert, the most serious indication that something was basically awry in the Ms./Koss study was that the majority of women she classified as having been raped did not believe they had been raped. Of those Koss counts as having been raped, only 27 percent thought they had been; 73 percent did not say that what happened to them was rape. In effect, Koss and her followers present us with a picture of confused young women overwhelmed by threatening males who force their attentions on them during the course of a date but are unable or unwilling to classify their experience as rape. Does that picture fit the average female undergraduate? For that matter, does it plausibly apply to the larger community? As the journalist Cathy Young observes, "Women have sex after initial reluctance for a number of reasons . . . fear of being beaten up by their dates is rarely reported as one of them."[22]

Katie Roiphe, a graduate student in English at Princeton and author of The Morning After: Sex, Fear, and Feminism on Campus, argues along similar lines when she claims that Koss had no right to reject the judgment of the college women who didn't think they were raped. But Katha Pollitt of The Nation defends Koss, pointing out that in many cases people are wronged without knowing it. Thus we do not say that "victims of other injustices-fraud, malpractice, job discrimination-have suffered no wrong as long as they are unaware of the law."[23]

Pollitt's analogy is faulty, however. If Jane has ugly financial dealings with Tom and an expert explains to Jane that Tom has defrauded her, then Jane usually thanks the expert for having enlightened her about the legal facts. To make her case, Pollitt would have to show that the rape victims who were unaware that they were raped would accept Koss's judgment that they really were. But that has not been shown; Koss did not enlighten the women she counts as rape victims, and they did not say "now that you explain it, we can see we were."

Koss and Pollitt make a technical (and in fact dubious) legal point: women are ignorant about what counts as rape. Roiphe makes a straightforward human point: the women were there, and they know best how to judge what happened to them. Since when do feminists consider "law" to override women's experience?

Koss also found that 42 percent of those she counted as rape victims went on to have sex with their attackers on a later occasion. For victims of attempted rape, the figure for subsequent sex with reported assailants was 35 percent. Koss is quick to point out that "it is not known if [the subsequent sex] was forced or voluntary" and that most of the relationships "did eventually break up subsequent to the victimization."[24] But of course, most college relationships break up eventually for one reason or another. Yet, instead of taking these young women at their word, Koss casts about for explanations of why so many "raped" women would return to their assailants, implying that they may have been coerced. She ends by treating her subjects' rejection of her findings as evidence that they were confused and sexually naive. There is a more respectful explanation. Since most of those Koss counts as rape victims did not regard themselves as having been raped, why not take this fact and the fact that so many went back to their partners as reasonable indications that they had not been raped to begin with?

The Toledo reporters calculated that if you eliminate the affirmative responses to the alcohol or drugs question, and also subtract from Koss's results the women who did not think they were raped, her one in four figure for rape and attempted rape "drops to between one in twenty-two and one in thirty-three."[25]

The "One in Eight" Study

The other frequently cited nongovernment rape study, the National Women's Study, was conducted by Dean Kilpatrick. From an interview sample of 4,008 women, the study projected that there were 683,000 rapes in 1990. As to prevalence, it concluded that "in America, one out of every eight adult women, or at least 12.1 million American women, has been the victim of forcible rape sometime in her lifetime."[26]

Unlike the Koss report, which tallied rape attempts as well as rapes, the Kilpatrick study focused exclusively on rape. Interviews were conducted by phone, by female interviewers. A woman who agreed to become part of the study heard the following from the interviewer: "Women do not always report such experiences to police or discuss them with family or friends. The person making the advances isn't always a stranger, but can be a friend, boyfriend, or even a family member. Such experiences can occur anytime in a woman's life-even as a child."[27] Pointing out that she wants to hear about any such experiences "regardless of how long ago it happened or who made the advances," the interviewer proceeds to ask four questions:

1. Has a man or boy ever made you have sex by using force or threatening to harm you or someone close to you? Just so there is no mistake, by sex we mean putting a penis in your vagina.

2. Has anyone ever made you have oral sex by force or threat of harm? Just so there is no mistake, by oral sex we mean that a man or boy put his penis in your mouth or somebody penetrated your vagina or anus with his mouth or tongue.

3. Has anyone ever made you have anal sex by force or threat of harm?

4. Has anyone ever put fingers or objects in your vagina or anus against your will by using force or threat?

Any woman who answered yes to any one of the four questions was classified as a victim of rape.

This seems to be a fairly straightforward and well-designed survey that provides a window into the private horror that many women, especially very young women, experience. One of the more disturbing findings of the survey was that 61 percent of the victims said they were seventeen or younger when the rape occurred.

There is, however, one flaw that affects the significance of Kilpatrick's findings. An affirmative answer to any one of the first three questions does reasonably put one in the category of rape victim. The fourth is problematic, for it includes cases in which a boy penetrated a girl with his finger, against her will, in a heavy petting situation. Certainly the boy behaved badly. But is he a rapist? Probably neither he nor his date would say so. Yet, the survey classifies him as a rapist and her as a rape victim.

I called Dr. Kilpatrick and asked him about the fourth question. "Well," he said, "if a woman is forcibly penetrated by an object such as a broomstick, we would call that rape."

"So would I," I said. "But isn't there a big difference between being violated by a broomstick and being violated by a finger?" Dr. Kilpatrick acknowledged this: "We should have split out fingers versus objects," he said. Still, he assured me that the question did not significantly affect the outcome. But I wondered. The study had found an epidemic of rape among teenagers-just the age group most likely to get into situations like the one I have described.

A Serious Discrepancy

The more serious worry is that Kilpatrick's findings, and many other findings on rape, vary wildly unless the respondents are explicitly asked whether they have been raped. In 1993, Louis Harris and Associates did a telephone survey and came up with quite different results. Harris was commissioned by the Commonwealth Fund to do a study of women's health. As we shall see, their high figures on women's depression and psychological abuse by men caused a stir.[28] But their finding on rape went altogether unnoticed. Among the questions asked of its random sample population of 2,500 women was, "In the last five years, have you been a victim of a rape or sexual assault?" Two percent of the respondents said yes; 98 percent said no. Since attempted rape counts as sexual assault, the combined figures for rape and attempted rape would be 1.9 million over five years or 380,000 for a single year. Since there are approximately twice as many attempted rapes as completed rapes, the Commonwealth/ Harris figure for completed rapes would come to approximately 190,000. That is dramatically lower than Kilpatrick's finding of 683,000 completed forcible rapes.

The Harris interviewer also asked a question about acquaintance and marital rape that is worded very much like Kilpatrick's and Koss's: "In the past year, did your partner ever try to, or force you to, have sexual relations by using physical force, such as holding you down, or hitting you, or threatening to hit you, or not?"[29] Not a single respondent of the Harris poll's sample answered yes.

How to explain the discrepancy? True, women are often extremely reluctant to talk about sexual violence that they have experienced. But the Harris pollsters had asked a lot of other awkward personal questions to which the women responded with candor: six percent said they had considered suicide, five percent admitted to using hard drugs, 10 percent said they had been sexually abused when they were growing up. I don't have the answer, though it seems obvious to me that such wide variances should make us appreciate the difficulty of getting reliable figures on the risk of rape from the research. That the real risk should be known is obvious. The Blade reporters interviewed students on their fears and found them anxious and bewildered. "It makes a big difference if it's one in three or one in 50," said April Groff of the University of Michigan, who says she is "very scared." "I'd have to say, honestly, I'd think about rape a lot less if I knew the number was one in 50."[30]

When the Blade reporters asked Kilpatrick why he had not asked women whether they had been raped, he told them there had been no time in the thirty-five-minute interview. "That was probably something that ended up on the cutting-room floor.''[31] But Kilpatrick's exclusion of such a question resulted in very much higher figures. When pressed about why he omitted it from a study for which he had received a million- dollar federal grant, he replied, "If people think that is a key question, let them get their own grant and do their own study."[32]

Kilpatrick had done an earlier study in which respondents were explicitly asked whether they had been raped. That study showed a relatively low prevalence of five percent-one in twenty-and it got very little publicity.[33] Kilpatrick subsequently abandoned his former methodology in favor of the Ms./Koss method, which allows the surveyor to decide whether a rape occurred. Like Koss, he used an expanded definition of rape (both include penetration by a finger). Kilpatrick's new approach yielded him high numbers (one in eight), and citations in major newspapers around the country. His graphs were reproduced in Time magazine under the heading, "Unsettling Report on an Epidemic of Rape."[34] Now he shares with Koss the honor of being a principal expert cited by media, politicians, and activists.

There are many researchers who study rape victimization, but their relatively low figures generate no headlines. The reporters from the Blade interviewed several scholars whose findings on rape were not sensational but whose research methods were sound and were not based on controversial definitions. Eugene Kanin, a retired professor of sociology from Purdue University and a pioneer in the field of acquaintance rape, is upset by the intrusion of politics into the field of inquiry: "This is highly convoluted activism rather than social science research."[35] Professor Margaret Gordon of the University of Washington did a study in 1981 that came with relatively low figures for rape (one in fifty). She tells of the negative reaction to her findings: "There was some pressure-at least I felt pressure-to have rape be as prevalent as possible . . .. I'm a pretty strong feminist, but one of the things I was fighting was that the really avid feminists were trying to get me to say that things were worse than they really are."[36]

Dr. Linda George of Duke University also found relatively low rates of rape (one in seventeen), even though she asked questions very close to Kilpatrick's. She told the Blade she is concerned that many of her colleagues treat the high numbers as if they are "cast in stone."[37] Dr. Naomi Breslau, director of research in the psychiatry department at the Henry Ford Health Science Center in Detroit, who also found low numbers, feels that it is important to challenge the popular view that higher numbers are necessarily more accurate. Dr. Breslau sees the need for a new and more objective program of research: "It's really an open question. . . . We really don't know a whole lot about it."[38]

"Rape Crisis" Hysteria: "Potential Survivors" and "Potential Rapists"

An intrepid few in the academy have publicly criticized those who have proclaimed a "rape crisis" for irresponsibly exaggerating the problem and causing needless anxiety. Camille Paglia claims that they have been especially hysterical about date rape: "Date rape has swelled into a catastrophic cosmic event, like an asteroid threatening the earth in a 50's science fiction film."[39] She bluntly rejects the contention that "'No' always means no . . ..'No' has always been, and always will be, part of the dangerous, alluring courtship ritual of sex and seduction, observable even in the animal kingdom."[40]

Paglia's dismissal of date rape hype infuriates campus feminists, for whom the rape crisis is very real. On most campuses, date-rape groups hold meetings, marches, rallies. Victims are "survivors," and their friends are "co-survivors" who also suffer and need counseling.[41] At some rape awareness meetings, women who have not yet been date raped are referred to as "potential survivors." Their male classmates are "potential rapists."[42]

Has date rape in fact reached critical proportions on the college campus? Having heard about an outbreak of rape at Columbia University, Peter Hellman of New York magazine decided to do a story about it.[43] To his surprise, he found that campus police logs showed no evidence of it whatsoever. Only two rapes were reported to the Columbia campus police in 1990, and in both cases, charges were dropped for lack of evidence. Hellman checked the figures at other campuses and found that in 1990 fewer than one thousand rapes were reported to campus security on college campuses in the entire country.[44] That works out to fewer than one-half of one rape per campus. Yet despite the existence of a rape crisis center at St. Luke's-Roosevelt Hospital two blocks from Columbia University, campus feminists pressured the administration into installing an expensive rape crisis center inside the university. Peter Hellman describes a typical night at the center in February 1992: "On a recent Saturday night, a shift of three peer counselors sat in the Rape Crisis Center-one a backup to the other two. . . . Nobody called; nobody came. As if in a firehouse, the three women sat alertly and waited for disaster to strike. It was easy to forget these were the fading hours of the eve of Valentine's Day."[45]

In The Morning After, Katie Roiphe describes the elaborate measures taken to prevent sexual assaults at Princeton. Blue lights have been installed around the campus, freshman women are issued whistles at orientation. There are marches, rape counseling sessions, emergency telephones. But as Roiphe tells it, Princeton is a very safe town, and whenever she walked across a deserted golf course to get to classes, she was more afraid of the wild geese than of a rapist. Roiphe reports that between 1982 and 1993 only two rapes were reported to the campus police. And, when it comes to violent attacks in general, male students are actually more likely to be the victims. Roiphe sees the campus rape crisis movement as a phenomenon of privilege: these young women have had it all, and when they find out that the world can be dangerous and unpredictable, they are outraged:

Many of these girls [in rape marches] came to Princeton from Milton and Exeter. Many of their lives have been full of summers in Nantucket and horseback-riding lessons. These are women who have grown up expecting fairness, consideration, and politeness.[46]

Serious Misallocation of Funds

The Blade story on rape is unique in contemporary journalism because the authors dared to question the popular feminist statistics on this terribly sensitive problem. But to my mind, the important and intriguing story they tell about unreliable advocacy statistics is overshadowed by the even more important discoveries they made about the morally indefensible way that public funds for combatting rape are being allocated. Schoenberg and Roe studied Toledo neighborhoods and calculated that women in the poorer areas were nearly thirty times more likely to be raped than those in the wealthy areas. They also found that campus rape rates were 30 times lower than the rape rates for the general population of 18-to 24-year-olds in Toledo. The attention and the money are disproportionately going to those least at risk. According to the Blade reporters:

Across the nation, public universities are spending millions of dollars a year on rapidly growing programs to combat rape. Videos, self-defense classes, and full-time rape educators are commonplace. . . . But the new spending comes at a time when community rape programs-also dependent on tax dollars-are desperately scrambling for money to help populations at much higher risk than college students.[47]

One obvious reason for this inequity is that feminist advocates come largely from the middle class and so exert great pressure to protect their own. To render their claims plausible, they dramatize themselves as victims-survivors or "potential survivors." Another device is to expand the definition of rape (as Koss and Kilpatrick do). Dr. Andrea Parrot, chair of the Cornell University Coalition Advocating Rape Education and author of Sexual Assault on Campus, begins her date rape prevention manual with the words, "Any sexual intercourse without mutual desire is a form of rape. Anyone who is psychologically or physically pressured into sexual contact on any occasion is as much a victim as the person who is attacked in the streets" (my emphasis).[48] By such a definition, privileged young women in our nation's colleges gain moral parity with the real victims in the community at large. Parrot's novel conception of rape also justifies the salaries being paid to all the new personnel in the burgeoning college date rape industry. After all, it is much more pleasant to deal with rape from an office in Princeton than on the streets of downtown Trenton.

Another reason that college women are getting a lion's share of public resources for combatting rape is that collegiate money, though originally public, is allocated by college officials. As the Blade points out:

Public universities have multi-million dollar budgets heavily subsidized by state dollars. School officials decide how the money is spent, and are eager to address the high-profile issues like rape on campus. In contrast, rape crisis centers-nonprofit agencies that provide free services in the community-must appeal directly to federal and state governments for money.[49]

Schoenberg and Roe describe typical cases of women in communities around the country-in Madison, Wisconsin, in Columbus, Ohio, in Austin, Texas, and in Newport, Kentucky-who have been raped and have to wait months for rape counseling services. There were three rapes reported to police at the University of Minnesota in 1992; in New York City there were close to three thousand. Minnesota students have a 24-hour rape crisis hot line of their own. In New York City, the "hot line" leads to detectives in the sex crimes unit. The Blade reports that the sponsors of the Violence Against Women Act of 1993 reflect the same bizarre priorities: "If Senator Biden has his way, campuses will get at least twenty million more dollars for rape education and prevention." In the meantime, Gail Rawlings of the Pennsylvania Coalition Against Rape complains that the bill guarantees nothing for basic services, counseling, and support groups for women in the larger community: "It's ridiculous. This bill is supposed to encourage prosecution of violence against women, land] one of the main keys is to have support for the victim. . . . I just don't understand why [the money] isn't there."[50]

Because rape is the most underreported of crimes, the campus activists tell us we cannot learn the true dimensions of campus rape from police logs or hospital reports. But as an explanation of why there are so few known and proven incidents of rape on campus, that won't do. Underreporting of sexual crimes is not confined to the campus, and wherever there is a high level of reported rape-say in poor urban communities where the funds for combatting rape are almost nonexistent-the level of underreported rape will be greater still. No matter how you look at it, women on campus do not face anywhere near the same risk of rape as women elsewhere. The fact that college women continue to get a disproportionate and ever-growing share of the very scarce public resources allocated for rape prevention and for aid to rape victims underscores how disproportionately powerful and self-preoccupied the campus feminists are despite all their vaunted concern for "women" writ large.

Once again we see what a long way the New Feminism has come from Seneca Falls. The privileged and protected women who launched the women's movement, as Elizabeth Cady Stanton and Susan B. Anthony took pains to point out, did not regard themselves as the primary victims of gender inequity: "They had souls large enough to feel the wrongs of others without being scarified in their own flesh." They did not act as if they had "in their own experience endured the coarser forms of tyranny resulting from unjust laws, or association with immoral and unscrupulous men."[51] Ms. Stanton and Ms. Anthony concentrated their efforts on the Hester Vaughns and the other defenseless women whose need for gender equity was urgent and unquestionable.

Scarifying Statistics

Much of the unattractive self-preoccupation and victimology that we find on today's campuses have been irresponsibly engendered by the inflated and scarifying "one in four" statistic on campus rape. In some cases the campaign of alarmism arouses exasperation of another kind. In an article in the New York Times Magazine, Katie Roiphe questioned Koss's figures: "If 25 percent of my women friends were really being raped, wouldn't I know it?"[52] She also questioned the feminist perspective on male/female relations: "These feminists are endorsing their own utopian vision of sexual relations: sex without struggle, sex without power, sex without persuasion, sex without pursuit. If verbal coercion constitutes rape, then the word rape itself expands to include any kind of sex a woman experiences as negative."[53]

The publication of Ms. Roiphe's piece incensed the campus feminists. "The New York Times should be shot," railed Laurie Fink, a professor at Kenyon College.[54] "Don't invite [Katie Roiphe] to your school if you can prevent it," counseled Pauline Bart of the University of Illinois.[55] Gail Dines, a women's studies professor and date rape activist from Wheelock College, called Roiphe a traitor who has sold out to the "white male patriarchy."[56]

Other critics, such as Camille Paglia and Berkeley professor of social welfare Neil Gilbert, have been targeted for demonstrations, boycotts, and denunciations. Gilbert began to publish his critical analyses of the Ms./ Koss study in 1990.[57] Many feminist activists did not look kindly on Gilbert's challenge to their "one in four" figure. A date rape clearinghouse in San Francisco devotes itself to "refuting" Gilbert; it sends out masses of literature attacking him. It advertises at feminist conferences with green and orange fliers bearing the headline STOP IT, BITCH! The words are not Gilbert's, but the tactic is an effective way of drawing attention to his work. At one demonstration against Gilbert on the Berkeley campus, students chanted, "Cut it out or cut it off," and carried signs that read, KILL NEIL GILBERT![58] Sheila Kuehl, the director of the California Women's Law Center, confided to readers of the Los Angeles Daily Journal, "I found myself wishing that Gilbert, himself, might be raped and . . . be told, to his face, it had never happened."[59]

The findings being cited in support of an "epidemic" of campus rape are the products of advocacy research. Those promoting the research are bitterly opposed to seeing it exposed as inaccurate. On the other hand, rape is indeed the most underreported of crimes. We need the truth for policy to be fair and effective. If the feminist advocates would stop muddying the waters we could probably get at it.

High rape numbers serve the gender feminists by promoting the belief that American culture is sexist and misogynist. But the common assumption that rape is a manifestation of misogyny is open to question. Assume for the sake of argument that Koss and Kilpatrick are right and that the lower numbers of the FBI, the Justice Department, the Harris poll, of Kilpatrick's earlier study, and the many other studies mentioned earlier are wrong. Would it then follow that we are a "patriarchal rape culture"? Not necessarily. American society is exceptionally violent, and the violence is not specifically patriarchal or misogynist. According to International Crime Rates, a report from the United States Department of Justice "Crimes of violence (homicide, rape, and robbery) are four to nine times more frequent in the United States than they are in Europe. The U.S. crime rate for rape was . . . roughly seven times higher than the average for Europe."[60] The incidence of rape is many times lower in such countries as Greece, Portugal, or Japan-countries far more overtly patriarchal than ours.

It might be said that places like Greece, Portugal, and Japan do not keep good records on rape. But the fact is that Greece, Portugal, and Japan are significantly less violent than we are. I have walked through the equivalent of Central Park in Kyoto at night. I felt safe, and I was safe, not because Japan is a feminist society (it is the opposite), but because crime is relatively rare. The international studies on violence suggest that patriarchy is not the primary cause of rape but that rape, along with other crimes against the person, is caused by whatever it is that makes our society among the most violent of the so-called advanced nations.

But the suggestion that criminal violence, not patriarchal misogyny, is the primary reason for our relatively high rate of rape is unwelcome to gender feminists like Susan Faludi, who insist, in the face of all evidence to the contrary, that "the highest rate of rapes appears in cultures that have the highest degree of gender inequality, where sexes are segregated at work, that have patriarchal religions, that celebrate all-male sporting and hunting rituals, i.e., a society such as us.''[61]

In the spring of 1992, Peter Jennings hosted an ABC special on the subject of rape. Catharine MacKinnon, Susan Faludi, Naomi Wolf, and Mary Koss were among the panelists, along with John Leo of U.S. News & World Report. When MacKinnon trotted out the claim that 25 percent of women are victims of rape, Mr. Leo replied, "I don't believe those statistics. . . . That's totally false."[62] MacKinnon countered, "That means you don't believe women. It's not cooked, it's interviews with women by people who believed them when they said it. That's the methodology."[63] The accusation that Leo did not believe "women" silenced him, as it was meant to. But as we have seen, believing what women actually say is precisely not the methodology by which some feminist advocates get their incendiary statistics.

MacKinnon's next volley was certainly on target. She pointed out that the statistics she had cited "are starting to become nationally accepted by the government." That claim could not be gainsaid, and MacKinnon may be pardoned for crowing about it. The government, like the media, is accepting the gender feminist claims and is introducing legislation whose "whole purpose . . . is to raise the consciousness of the American public."[64] The words are Joseph Biden's, and the bill to which he referred-the Violence Against Women Act-introduces the principle that violence against women is much like racial violence, calling for civil as well as criminal remedies.

Like a lynching or a cross burning, an act of violence by a man against a woman would be prosecuted as a crime of gender bias, under title three of the bill: "State and Federal criminal laws do not adequately protect against the bias element of gender-motivated crimes, which separates these crimes from acts of random violence, nor do those laws adequately provide victims of gender-motivated crimes the opportunity to vindicate their interests."[65] Whereas ordinary violence is "random," "violence against women" may be discriminatory in the literal sense in which we speak of a bigot as discriminating against someone because of race or religion.

Rape Litigation

Mary Koss and Sarah Buel were invited to give testimony on the subject of violence against women before the House Judiciary Committee. Dean Kilpatrick's findings were cited. Neil Gilbert was not there; nor were any of the other scholars interviewed by the Toledo Blade.

The litigation that the bill invites gladdens the hearts of gender feminists. If we consider that a boy getting fresh in the back seat of a car may be prosecuted both as an attempted rapist and as a gender bigot who has violated his date's civil rights, we can see why the title three provision is being hailed by radical feminists like Catharine MacKinnon and Andrea Dworkin. Dworkin, who was surprised and delighted at the support the bill was getting, candidly observed that the senators "don't understand the meaning of the legislation they pass."[66]

Senator Biden invites us to see the bill's potential as an instrument of moral education on a national scale. "I have become convinced . . . that violence against women reflects as much a failure of our nation's collective moral imagination as it does the failure of our nation's laws and regulations."[67] Fair enough, but then why not include crimes against the elderly or children? What constitutional or moral ground is there for singling out female crime victims for special treatment under civil rights laws? Can it be that Biden and the others are buying into the gender feminist ontology of a society divided against itself along the fault line of gender?

Equity feminists are as upset as anyone else about the prevalence of violence against women, but they are not possessed of the worldview that licenses their overzealous sisters to present inflammatory but inaccurate data on male abuse. They want social scientists to tell them the objective truth about the prevalence of rape. And because they are not committed to the view that men are arrayed against women, they are able to see violence against women in the context of what, in our country, appears to be a general crisis of violence against persons. By distinguishing between acts of random violence and acts of violence against women, the sponsors of the Violence Against Women Act believe that they are showing sensitivity to feminist concerns. In fact, they may be doing social harm by accepting a divisive, gender-specific approach to a problem that is not caused by gender bias, misogyny, or "patriarchy"-an approach that can obscure real and urgent problems such as lesbian battering or male-on-male sexual violence.[68]

According to Stephen Donaldson, president of Stop Prison Rape, more than 290,000 male prisoners are assaulted each year. Prison rape, says Donaldson in a New York Times opinion piece, "is an entrenched tradition." Donaldson, who was himself a victim of prison rape twenty years ago when he was incarcerated for antiwar activities, has calculated that there may be as many as 45,000 rapes every day in our prison population of 1.2 million men. The number of rapes is vastly higher than the number of victims because the same men are often attacked repeatedly. Many of the rapes are "gang bangs" repeated day after day. To report such a rape is a terribly dangerous thing to do, so these rapes may be the most underreported of all. No one knows how accurate Donaldson's figures are. They seem incredible to me. But the tragic and neglected atrocities he is concerned about are not the kind whose study attracts grants from the Ford or Ms. foundations. If he is anywhere near right the incidence of male rape would be as high or higher than that of female rape.

Look to the Root Causes

Equity feminists find it reasonable to approach the problem of violence against women by addressing the root causes of the general rise in violence and the decline in civility. To view rape as a crime of gender bias (encouraged by a patriarchy that looks with tolerance on the victimization of women) is perversely to miss its true nature. Rape is perpetrated by criminals, which is to say, it is perpetrated by people who are wont to gratify themselves in criminal ways and who care very little about the suffering they inflict on others.

That most violence is male isn't news. But very little of it appears to be misogynist. This country has more than its share of violent males, statistically we must expect them to gratify themselves at the expense of people weaker than themselves, male or female; and so they do. Gender feminist ideologues bemuse and alarm the public with inflated statistics. And they have made no case for the claim that violence against women is symptomatic of a deeply misogynist culture.

Rape is just one variety of crime against the person, and rape of women is just one subvariety. The real challenge we face in our society is how to reverse the tide of violence. How to achieve this is a true challenge to our moral imagination. It is clear that we must learn more about why so many of our male children are so violent. And it is clear we must find ways to educate all of our children to regard violence with abhorrence and contempt. We must once again teach decency and considerateness. And this, too, must become clear: in any constructive agenda for the future, the gender feminist's divisive social philosophy has no place.

[Researching the Rape Culture of America, reprinted with permission, was excerpted from Who Stole Feminism? (Simon & Schuster Inc., New York, 1994) by Christina Hoff Sommers, chapter 10, pp. 209-226.]

Footnotes

1. Federal Bureau of Investigation, Crime in the United States: Uniform Crime Reports (Washington, D.C.: U.S. Department of Justice, 1990).

2. Bureau of the Census, Statistical Abstract of the United States 1990, (Washington, D.C.: U.S. Government Printing Office, l992), p. 184. See also Caroline Wolf Harlow, Bureau of Justice Statistics, "Female Victims of Violent Crime" (Washington, D.C., U.S. Department of Justice, 1991), p. 7.

3. Louis Harris and Associates, "Commonwealth Fund Survey of Women's Health" (New York: Commonwealth Fund, 1993), p. 9. What the report says is that "within the last five years, 2 percent of women 1.9 million) were raped."

4. "Rape in America: A Report to the Nation" (Charleston, S.C.: Crime Victims Research and Treatment Center, 1992).

5. Catharine MacKinnon, "Sexuality, Pornography, and Method," Ethics 99 January 1989): 331.

6. Mary Koss and Cheryl Oros, "Sexual Experiences Survey: A Research Instrument Investigating Sexual Aggression and Victimization," Journal of Consulting and Clinical Psychology 50, no. 3 (1982): 455.

7. Nara Schoenberg and Sam Roe, "The Making of an Epidemic," Blade, October 10, 1993, special report, p. 4.

8. The total sample was 6,159, or whom 3,187 were females. See Mary Koss, "Hidden Rape: Sexual Aggression and Victimization in a National Sample of Students in Higher Education," in Ann Wolbert Burgess, ed., Rape and Sexual Assault, vol. 2 (New York: Garland Publishing, 1988), p. 8.

9. Ibid., p. 10.

10. Ibid., p. 16.

11. Mary Koss, Thomas Dinero, and Cynthia Seibel, "Stranger and Acquaintance Rape," Psychology of Women Quarterly 12 (1988): 12. See also Neil Gilbert, "Examining the Facts: Advocacy Research Overstates the Incidence of Date and Acquaintance Rape," in Current Controversies in Family Violence, ed. Richard Gelles and Donileen Loseke (Newbury Park, Calif.: Sage Publications, 1993), pp. 120-32.

12. The passage is from Robin Warshaw, in her book I Never Called It Rape (New York: HarperPerennial, 1988), p. 2, published by the Ms. Foundation and with an afterword by Mary Koss. The book summarizes the findings of the rape study.

13. Newsweek October 25, 1993.

14. Naomi Wolf, The Beauty Myth: How Images of Beauty Are Used Against Women (New York: Doubleday, 1992), p. 166.

15. At the University of Minnesota, for example, new students receive a booklet called "Sexual Exploitation on Campus." The booklet informs them that according to "one study [left unnamed] 20 to 25 percent of all college women have experienced rape or attempted rape."

16. The Violence Against Women Act of 1993 was introduced to the Senate by Joseph Biden on January 21, 1993. It is sometimes referred to as the "Biden Bill." It is now making its way through the various congressional committees. Congressman Ramstad told the Minneapolis Star Tribune (June 19, 1991), "Studies show that as many as one in four women will be the victim of rape or attempted rape during her college career." Ramstad adds, "This may only be the tip of the iceberg, for 90 percent of all rapes are believed to go unreported."

17. Gilbert, "Examining the Facts," pp. 120-32.

18. Cited in Koss, "Hidden Rape," p. 9.

19. Blade, special report, p. 5.

20. Ibid.

21. Koss herself calculated the new "one in nine" figure for the Blade, p. 5.

22. Cathy Young, Washington Post (National Weekly Edition), July 29, 1992, p. 25.

23. Katha Pollitt, "Not Just Bad Sex," New Yorker, October 4, 1993, p. 222.

24. Koss, "Hidden Rape," p. 16.

25. Blade, p. 5. The Blade reporters explain that the number vanes between one and twenty-two and one in thirty-three depending on the amount of overlap between groups.

26. "Rape in America," p. 2.

27. Ibid., p. 15.

28. The secretary of health and human services, Donna Shalala, praised the poll for avoiding a "white male" approach that has "for too long" been the norm in research about women. My own view is that the interpretation of the poll is flawed. See the discussions in chapters 9 and 11.

29. Louis Harris and Associates, "The Commonwealth Fund Survey of Women's Health," p. 20.

30. Blade, p. 3.

31. Ibid., p. 6.

32. Ibid.

33. Dean Kilpatrick, et al., "Mental Health Correlates of Criminal Victimization: A Random Community Survey," Journal of Consulting and Clinical Psychology 53, 6 (1985).

34. Time, May 4, 1992, p. 15.

35. Blade, special report, p. 3.

36. Ibid., p. 3.

37. Ibid., p. 5.

38. Ibid., p. 3.

39. Camille Paglia, "The Return of Carry Nation," Playboy, October 1992, p. 36.

40. Camille Paglia, "Madonna 1: Anomility and Artifice," New York Times, December 14, 1990.

41. Reported in Peter Hellman, "Crying Rape: The Politics of Date Rape on Campus," New York, March 8, 1993, pp. 32-37.

42. Washington Times, May 7, 1993.

43. Hellman, "Crying Rape," pp. 32-37.

44 Ibid., p. 34.

45. Ibid., p. 37.

46. Katie Roiphe, The Morning After: Sex, Fear, and Feminism (Boston: Little, Brown, 1993), p. 45.

47. Blade, p. 13.

48. Andrea Parrot, Acquaintance Rape and Sexual Assault Prevention Training Manual (Ithaca, N.Y.: College of Human Ecology, Cornell University, 1990), p. 1.

49. Blade, p. 13.

50. Ibid., p. 14.

51. Alice Rossi, ed., The Feminist Papers: From Adams to de Beauvoir (New York: Columbia University Press, 1973), p. 414.

52. Katie Roiphe, "Date Rape's Other Victim," New York Times Magazine, June 13, 1993, p. 26.

53. Ibid., p. 40.

54. Women's Studies Network (Internet: LISTSERV @UMDD.UMD.EDU), June 14, 1993.

55. Ibid., June 13, 1993.

56. See Sarah Crichton, "Sexual Correctness: Has It Gone Too Far?" Newsweek, October 25, 1993, p. 55.

57. See Neil Gilbert, "The Phantom Epidemic of Sexual Assault," The Public Interest, Spring 1991, pp. 54-65; Gilbert, "The Campus Rape Scare," Wall Street Journal, June 27, 1991, p. 10; and Gilbert, "Examining the Facts," pp. 120-32.

58. "Stop It Bitch," distributed by the National Clearinghouse on Marital and Date Rape, Berkeley, California. (For thirty dollars they will send you "thirty-four years of research to help refute him [Gilbert].") See also the Blade, p. 5.

59. Sheila Kuehl, "Skeptic Needs Taste of Reality Along with Lessons About Law," Los Angeles Daily Journal, September 5, 1991. Ms. Kuehl, it will be remembered, was a key figure in disseminating the tidings that men's brutality to women goes up 40 percent on Super Bowl Sunday. Some readers may remember Ms. Kuehl as the adolescent girl who played the amiable Zelda on the 1960s "Dobie Gillis Show."

60. International Crime Rates (Washington, D.C.: Bureau of Justice Statistics, 1988), p. 1. The figures for 1983: England and Wales, 2.7 per 100,000; United States, 33.7 per 100,000 (p. 8). Consider these figures comparing Japan to other countries (rates of tape per 100,000 inhabitants):

               FORCIBLE RAPE
   U.S.                            38.1
   U.K. (England and Wales only)   12.1
   (West) Germany                   8.0
   France                           7.8
   Japan                            1.3

Source: Japan 1992: An International Comparison (Tokyo: Japan Institute for Social and Economic Affairs, 1992), p. 93.

61. "Men, Sex, and Rape," ABC News Forum with Peter Jennings, May 5, 1992, Transcript no. ABC-34, p. 21.

62. Ibid., p. 11.

63. Ibid.

64. Senator Biden, cited by Carolyn Skomeck, Associated Press, May 27, 1993.

65. "The Violence Against Women Act of 1993," title 3, p. 87.

66. Ruth Shalit, "On the Hill: Caught in the Act," New Republic, July 12, 1993, p. 15.

67. See ibid., p. 14.

68. Stephen Donaldson, "The Rape Crisis Behind Bars," New York Times, December 29, 1993, p. A11. See also Donaldson, "Letter to the Editor" New York Times, August 24, 1993. See, too, Wayne Wooden and Jay Parker, Men Behind Bars: Sexual Exploitation in Prison (New York: Plenum Press, 1982); Anthony Sacco, ed., Male Rape: A Casebook of Sexual Aggressions (New York: AMS Press, 1982); and Daniel Lockwood, Prison Sexual Violence (New York: Elsevier, 1980).