Male survivors of sexual offences and the criminal justice system

: Current practice and the implications of DSD V The Commissioner of Police of the Metropolis

Abstract

Police services in England and Wales have a positive obligation to effectively investigate credible reports (termed arguable claims in jurisprudence) of rape, as an act violating Article 3 of the European Convention on Human Rights. Previous allegations of Article 3 violations relating to the investigation of rape have created clear standards within investigations, illustrating the failings which may lead to a claimant successfully holding the police to account. However, rape investigation has frequently been the subject of considerable criticism, with low conviction rates and negative experiences of survivors being frequently discussed. Male survivors of sexual offences are believed to have particularly negative experiences of the police, characterised by disbelief, homophobia and insensitivity. This thesis investigated current practice within England and Wales regarding the investigation of male rape to determine the extent to which investigations are compliant with Article 3 obligations. From consideration of these obligations and the academic literature, three research questions were considered: (1) Are male survivors of sexual offences within England and Wales subject to differential treatment within the criminal justice system? (2) Are the systemic failings identified within MC, DSD, C and X apparent within the police in England and Wales in relation to male survivors? (3) How vulnerable are police services in England and Wales to future claims of human rights violations by male survivors of sexual offences? 

Using the research paradigm of Pragmatism and the theory of hegemonic masculinity as a reference point, four studies were designed to explore these questions. The first study analysed police public data using chi-square analysis. The study sought to determine if the differences in outcome likelihood between cases of male rape compared to female rape were statistically significant. Cases of male rape were determined to be less likely to result in a suspect being identified or charged, while also being more likely to be labelled false reports. Men were conversely less likely than women to withdraw from the criminal justice system. The likelihood of a suspect being charged or identified has also worsened over time. The second study utilised semi-structured interviews with rape investigators, supervisors, and police trainers to consider the efficacy of training and the challenges of investigating rape. Training content was viewed positively by officers and trainers, but delivery was criticised due to the weaknesses associated with e-learning. Officers suggested that the effective investigation of rape was being compromised by excessive caseloads, a poor relationship with the Crown Prosecution Service (CPS), and ineffective software. The third study measured male rape myth acceptance through mixed methods in an online survey. Officers generally had low rape myth acceptance but also demonstrated a poor understanding of some aspects of male sexual victimisation and frequently overestimated false reporting. Officers did, however, express the desire for reform of the law within England and Wales to reflect the severity of female perpetrated offences. The final study of 390 male survivors of adult sexual offences utilised an online survey to understand male survivors’ decisions on whether to report to the police. Survivors who did report were asked about their experience of doing so. Few survivors reported the offence to the police, and those who did frequently reported negative experiences; themes of a lack of action, a lack of communication and discriminatory attitudes were identified within participant experiences. Survivors suggested significant reforms are required to encourage reporting and improve male survivors’ interactions with the police.

Taken together, the findings within this thesis suggest the police in England and Wales are significantly vulnerable to future claims of Article 3 and Article 14 violation by male survivors. The use of a theoretical case within the Discussion chapter of this thesis, developed using participant experiences, illustrates how these vulnerabilities may manifest within an investigation of male rape. The thesis concludes that it may not be a matter of if such a case will transpire, but rather when.

Date of Award	2025
Original language	English
Awarding Institution	Canterbury Christ Church University