Rough sex? Understandings of Rape in Finnish Police Reports PAÈIVI HONKATUKIA The Finnish Academy, University of Kuopio/National Research Institute of Legal Policy, Helsinki, Finland Abstract This paper presents a discourse analysis of Finnish rape reports written by the police. It explores gendered understandings of sexual violence in the description of the cases. These understandings often remain hidden, especially in the cultural ethos of gender neutrality characteristic to Finnish society. The data consist of 448 rape cases reported to the police during year 1998. The discourses found were (1) the resist- ance discourse, which emphasizes the rape victim’s attempts to resist the perpetrator’s attempts to rape her, (2) the submission discourse, which provides reasons why the victim was unable to prevent the rape, (3) the minimizing discourse, which portrays the victim as more or less explicitly responsible for what had happened, (4) the rape as physical force discourse which stresses the physically viol- The number of rapes reported to the police has increased steadily in Finland during the last years, being currently about 500 cases per year (Niemi 2000: 28). The only Rape Crisis Centre in the country is contacted much more frequently, and every year increasing numbers of women seek help from there (Raijas & Repo 1999: appendix). Even though the majority of rapes never reach oYcial statistics, the increase shown challenges the cultural ethos of gender neutrality as well as the belief in alreadyachieved gender equality which have characterized Finnish society in general (Pylkka¨nen 1999). This paper explores the social conditions of rape in Finland by studying rape reports written by the police (see also Honkatukia 2001). It analyses what police oYcers have seen as important to record in each case. Hence, instead of describing the features of the rapes reported to the police, this paper seeks Journal of ScandinavianStudies inCriminology and CrimePrevention ISSN1404-3858 Vol 2, No1, 15±30, 2001 Taylor &Francis ent nature of rape and nally (5) the rape as sexuality discourse which emphasized the sexual features of rape by describing either the aggressive nature of male sexuality or the course of events as a serious violation of the victim’s sexual integrity. The cultural and legal foundations of the discourses are discussed in the paper. key words: Rape, Sexual violence, Discourse analysis, Police to reveal and analyse gendered understandings of heterosexuality and sexual violence which are often hidden by the prevailing ethos of gender neutrality. I will use discourse analysis as a tool in deconstructing these understandings. By the concept ‘discourse’ I refer to a meaning structure which constructs reality in a certain way. Discourses concerning sexual violence, for example, make truth claims on who is the ‘real rapist’ and who is the legitimate victim of rape, what is rape and what is not (Jokinen 2000: 108–16). They are connected to societal power: the use of certain discourses helps to maintain unequal power relations whereas others – usually more marginal ones – challenge the dominant social order (Burr 1995: 47–51, 172–173). These representations also have implications as to how these cases are dealt with in the criminal justice system (see for example Lees 1997). 15 honkatukia: social construction of rape in finnish police reports Before the actual presentation of the analysis of the discourses I will discuss briey the concept of rape itself and consider some methodological issues. The legal and social definition of rape The legal denition of rape has a strong position in police reports since the police have to evaluate whether the characteristics of each reported case t the legal denition of rape or some other crime. The new law on sexual oVences has been applied from 1999 onwards. The data used in this paper, however, consists of the reports to the police on rapes and attempted rapes in 1998, the last year prior to this reform. This earlier law had been in force from 1971 onwards. It dened rape as a crime which could be perpetrated only against a woman. It was also a so-called complainant oVence: only a private prosecution was possible in rape cases, meaning that the complainant – not the state – had to report the oVence for prosecution. Further, the complainant had a right to stop the investigation whenever she wanted. Determinant features of the legal denition of rape in this earlier law were violence or threat of violence in forcing a woman into sexual intercourse. The rape could also be perpetrated by making a woman unable to defend herself. Sexual intercourse was dened as contact of genitals. The legal denition of rape is not necessarily equivalent to the popular understandings of this phenomenon, even though they obviously have a great deal in common and reinforce each other (NaYne 1997). A distinction between ‘non-normative’ and ‘normative rapes’ has been formed in order to analyse the relationship between legal and popular 16 understanding of sexual violence (Koss et al. 1994). Interestingly, the division between private and public spheres of life seems to collude with this division. Non-normative rapes are acts which are both criminalized and socially disapproved of. A typical example is a stranger rape in a public place, street or forest, for example. However, a similar kind of act in intimate relationships or in situations where the victim knows the perpetrator in some way is not as unanimously disapproved of. It may even be suspected whether it is a ‘a real rape’ at all. It can be seen a normative rape for which she is regarded as at least partly responsible. This normativeness of intimate sexual violence may be one explanation of the research ndings according to which sexual violence in close relationships is the most common form of sexual violence experienced by women, but at the same time it is one of the most under-reported crimes (see for example Kelly 1998: 52–3; Aromaa ja Heiskanen 2000: 130). Also rape of prostitutes, women using alcohol or drugs as well as rape in wars can sometimes be considered normative, ‘not real’ rape (see for example Lees 1997: 81–2). The reluctance to dene sexual violence a crime without exceptions has historical roots. It has been visible in scientic theorizing (see for example Amir 1971: 266), in legislation (see Owens 1997) as well as in popular understandings of rape (JeVner 1997). In Finland, for example, an assault in the private sphere, as well as rape, were dened as non-complainant oVences only in the mid-1990s – during the same decade when rape in marriage was criminalized. These law reforms have not changed attitudes, however, and it appears that domestic violence is still not regarded a Journal of Scandinavian Studies inCriminology andCrime Prevention honkatukia: social construction of rape in finnish police reports crime by many authorities as readily as violence in the public sphere (Piispa & Heiskanen 2000: 6–9). Hence, in the forthcoming analysis my aim is to nd out whether the division between nonnormative and normative rapes is also visible in police reports – and if so, whether it is connected in some way to the division between private and public spheres of life. Methodological concerns The data on which this paper is based are drawn from a database constructed by the police as part of their normal routines. It includes standardized information as well as an informal description of a total of 448 rape cases. These are all the cases reported to the police during 1998.1 All the 460 victims2 in these cases were women. Three of the 530 suspects were women and they were suspected of complicity in rape. Only a minority of all rapes are 1In 32 of these reports the police have ‘nocrimed’ the case. The reasons for this were not always claried, but sometimes it was stated that the complainant had made a false allegation because she wanted to get attention from somebody or to have an alibi for being somewhere she was not supposed to be. Some women had, according to the reports, been pressurized to make a false complaint, and others were said to have been so drunk that they had falsely believed they had been raped. 2Feminist research has challenged the concept of victim and proposed a concept of survivor instead. The concept of ‘victim’ is claimed to entail an ideology of ‘victimism’ which does not treat a woman as a whole person but instead as sick or mad. The concept of survivor is utilized in order to validate women’s strength in overcoming their traumatic experience (Kelly & Regan 2001: 48, 61–3) In this paper I will, however, use the concept of victim in referring to the women’s status in the criminal justice system. Journal of ScandinavianStudies inCriminology and CrimePrevention reported to the police, even though estimates of the amount of the hidden sexual violence have varied greatly (see for example Levi 1997: 853–4). Thus, the reports reveal more about reporting practices than about the range of sexual violence women have experienced (see for example Kelly 1988: 140). The victims in the reported cases were mainly young girls and women, and the suspects slightly older: 76% of the victims and one in three of the suspected perpetrators were less than 30 years old. The reports also reveal that only one out of four reported cases was reminiscent of the dominant picture of rape represented in the crime news, namely stranger rape. As often, the scene of the rape had been a situation of making acquaintance.3 In every fth case the rapist had been someone the victim knew previously, sometimes very well: a friend, a partner’s friend, neighbour or colleague, for example. In one case out of seven, the alleged perpetrator was someone with whom the victim had an intimate relationship: a husband, cohabitant, boyfriend or ex-partner. Particularly in partner violence, the parties were usually somewhat older. This indicates that partner violence is often reported to the police only when it has continued for some time4 (for more detail, see Honkatukia 2001). The rape reports are heterogeneous in the ways they have been constructed – as well as in terms of accuracy and 3In a typical case the couple had met in a restaurant, for example, and she had left with him to continue the evening together in either one’s home. Later she had been raped by him. 4In 14% of the reports the relationship was something else or could not be dened. 17 honkatukia: social construction of rape in finnish police reports length of the descriptions. Some reports comprised only a few lines, whereas others included several pages of detailed information of the case and the investigation procedure. Besides the victim’s own story, the accounts of the alleged perpetrator(s) as well as the police and other oYcials were presented. Hence, many and sometimes contradictory truth claims are represented in the narration. The discourses used are aVected by each narrator’s perceptions of the ‘audience’ to whom they are expressing their views. The rape reports are rst and foremost tools of the police investigation. They are written and mainly read only by the police.5 Thus, the audience which is sought to be assured of the truthfulness of one’s account consists of (other) police oYcers and each narrator’s more or less abstract ideas of the professionals dealing with the case in the criminal justice system. However, to the narrators as well as to the audience the meanings and the consequences of these meanings are usually ‘shady’, not always explicit and actively recognized (Suoninen 1999: 33). The discourse analysis presented here consists of my own interpretations of the ways in which rape is dened in the police reports. I have not attempted to provide ‘objective knowledge’ on how the police understand sexual violence. Instead, my approach has been more interpretive: my aim has been to describe certain fairly common modes of speech in the police documents, and problemat5The database is used as a tool in police investigation. It is used mainly within the police force. The rape reports I have studied are thus not necessarily the same documents as the ones of which the people concerned are given copies. 18 ise their cultural and legal basis. I have explored the portrayals of the victims at the expense of those of the perpetrators. Thus, for example, accounts of the nationality of the suspects is an interesting discourse which I have not analysed here more closely.6 For analytical purposes, I have separated the discourses in the following analysis but it is worth noting that two or more of them were often used in the same report. The analysis is based on a systematic coding process. All of the 448 written documents were read and coded making use of a variable list I had constructed after having studied all the reports once. The coding procedure was performed by myself and three research assistants. When encountering problematic cases, we negotiated with each other on our interpretations to reach agreement; because of the uniform outcome reached in this manner, the reliability of the coding was not tested. The resistance discourse In the reports, there were often descriptions of how the woman had resisted the perpetrator’s attempts to rape her. I have named these accounts ‘a discourse of resistance’. It was used in 59% of the reports – and interestingly, it was more common in stranger rape cases (71%) than in other reports. This discourse enables a many-sided picture to be 6According to police descriptions 14% of all suspects in 1998 were not Finns by nationality. Sometimes, for example, the unknown perpetrator was described as being ‘a negro’ or ‘an arab’. In other reports, it was stated that he was denitely ‘a Finn’. These accounts reproduce the idea according to which rape is often perpetrated by a foreigner who is possibly also deviant in other respects. Journal of Scandinavian Studies inCriminology andCrime Prevention honkatukia: social construction of rape in finnish police reports gained of the coping strategies used by women in situations where they risk becoming a victim of sexual violence. According to the reports, the women had negotiated with the man, tried to calm him down or bluV him. Also more general safety routines were described: some had anticipated the possible dangers and were prepared to encounter sexual violence (see also Stanko 1985). The following extracts from the reports describe the coping strategies women had used:7 The woman pretended to be passed out. She lay on her stomach in order to prevent him from opening the zipper of her jeans. During the intercourse she assured her former boyfriend that she loved him very much in order to get the knife from him. Finally the man gave her the knife, and the situation settled down. The man had forced the woman to sex several times during the evening. After he had nished she gathered her clothes from the oor and put them on. She tried to stay calm and read a book she had found on the living room table even though she was shivering all over and afraid that the man would start it all over again. At some point she managed to sneak out from the apartment... An unknown man attacked the woman when she was walking in the forest. She broke loose from the perpetrators’ arms, telling him that her husband was nearby. She also shouted a name of a man that came to her mind. This frightened the man away. 7The details presented in the extracts have been modied in order to secure the anonymity of the persons concerned. Journal of ScandinavianStudies inCriminology and CrimePrevention Descriptions of physical resistance were most common in the reports where the perpetrator had been an unknown man (24%) and more rare when he had been an acquaintance (7%), an intimate partner or a close relative (10%). Unlike in other reported rapes in the data, the majority (60%) of the cases perpetrated by strangers were judged by the police to be attempted rapes. In these cases the perpetrator had not succeeded in forcing the woman to sexual intercourse. Some of the women who had managed to escape from the grip of an unknown man were presented in the reports as heroines: She screamed, tore herself from the man’s grip, kicked him between his legs and managed to ee. While she was ghting back she grabbed a bottle of hair spray from her handbag and knocked the man on the head with it and ran away... An unknown man grabbed the woman all of a sudden. She kicked him to his genitals. After that he went away moaning. It may be easier to reveal details of the sexual assault if one is able to portray oneself as a survivor who has succeeded in preventing the attempts of a stereotypical sexual oVender, an unknown assailant. In intimate relationships the victim’s feelings of shame and guilt are usually stronger. Violence at home is often seen a family matter which should be dealt with inside the family and for which the victim should carry responsibility (Piispa & Heiskanen 2000; see also Croall 1998: 149–50). Moreover, the woman herself may want to protect her partner’s or her 19 honkatukia: social construction of rape in finnish police reports own reputation by not revealing all the details related to the incident. It has been claimed that there exists an expectation in Finnish culture to cope in general (Kortteinen 1992) but Finnish women, in particular, are often referred to as strong and independent (Rantalaiho 1994: 9). Thus, to be a victim may be especially shameful to women (Nousiainen 1998), and some women may negate this status by telling about their own resistance in the situation. The use of the discourse of resistance may also be an attempt to prove that one is a respectable woman who has not contributed to her victimization, since the rape victim is often blamed for her victimization (see, for example Estrich 1995). This discourse of resistance is ambiguous. On one hand, it portrays women as active survivors, as the feminist research on sexual violence has long pointed out (for example Easteal 1994). On the other hand, Finnish legislation emphasizes the use of force in the denition of rape instead of the concept ‘without consent’ used in many other countries (Kelly & Regan 2001: 26).8 Thus, the police may have asked actively about the woman’s resistance in order to produce evidence on force and coercion used. Intensive questioning about resistance may be interpreted by some women as a requirement that they should have resisted more in order to prove that their experience 8The emphasis on force has been criticized because of its inadequacy in tackling forms of coercion and abuse of trust which prevent women deciding freely about their consent in sexual encounters. Some writers have proposed a requirement of aYrmative permission into the legal denition of rape (see for example Kelly & Regan 2001: 59–64; NiemiKiesila¨inen 2000: 160). 20 had been a ‘real rape’. According to police descriptions some women had also hesitated to report the case because they thought they had not resisted enough. These accounts reproduce an idea, or rather a ‘rape myth’, according to which a woman’s resistance is a part of normal sex. Thus, a real rape victim should resist as hard as she can in order to prove she has been unwilling (see for example Croall 1998: 199–200; Lees 1997: 53). This view – also held by professionals in the criminal justice system – lays the burden on the rape victim to prove that she has really been raped (Jamieson 1996: 58, 61; Kelly & Regan 2001: 42). The submission discourse The submission discourse was used more rarely than the discourse of resistance – only in 10% of the reports. It provided reasons why she was unable to prevent the rape from happening. For example, it was written in the reports how the woman had been horried or how she feared for her life: Because of her high age she was unable to defend herself... She did not resist at all. She said she was frozen with fear because the man continued his eVorts to pressurise her although she had forbidden him to do so... In some reports the woman’s submission was presented as a kind of coping strategy: she had decided not to resist in order to avoid the situation developing worse or simply to save her life (see for similar observations Stanko 1985; Kelly 1988). In the reports on partner violence, in particular, it was written how she had Journal of Scandinavian Studies inCriminology andCrime Prevention honkatukia: social construction of rape in finnish police reports learned to recognize certain recurrent features in the man’s conduct: related to alcohol and in the second other ‘rape myths’ were utilized. The parties had lived together for a year. Due to his heavy drinking he had started to act violently. That is why she did not resist more... The meanings of alcohol Finland is known for its cultural tradition of heavy drinking. In Finnish folklore, for example, alcohol is often seen to explain transgressions of social norms (Apo 1999). Alcohol is also regarded as an important factor in crime statistics, which report routinely the number of those suspects who had been under the inuence of alcohol or drugs while committing their crime. Further, a study on Finnish criminal homicides revealed that the police would more probably judge the crime to be a manslaughter than a murder in cases where the suspect had been intoxicated (Kivivuori 1999: 17). The cultural meanings of alcohol are often gendered. Hence, alcohol tends to neutralize a man’s conduct9 whereas a woman’s alcohol use is more often seen as an aggravating factor (see for example Lees 1997: 81–2). Thus, a woman who has experienced sexual violence while drunk is easy to blame for her fate. 42% of the reports included statements on the victim’s state of drunkenness, whereas the alleged perpetrators were described to have been under the inuence of alcohol in only 26%. According to oYcial statistics, in 1998, 73% (210/ 299) of the known suspects of rape or attempted rape had been drunk (http:// www.stat.). This does not indicate that She did not dare to resist the man because she knew he has got a violent temper. Most reports utilizing this discourse were about rapes committed by men known to the victim. The power imbalance between the parties was recognized, but compared to the resistance discourse, this discourse was weak. This weakness may be due to the appreciation of activity instead of passivity and victimization in Finnish culture. Hence, even to women reporting rape it may be easier to tell about resistance than about submission. This discourse may also stem from the eagerness of the police to nd out about the woman’s resistance, since it provides reasons why she did not resist more. However, it was characterized by an understanding tone towards the victims. The minimizing discourse Sometimes in the reports the sexual violence was belittled or the victim was made more or less explicitly responsible for what had happened by using a discourse I have named ‘a minimizing discourse’. It was often obvious that the suspected perpetrator used this discourse. Occasionally, however, it seemed to have been used more implicitly in the narration. There were two diVerent forms of this discourse in the reports. In the rst form the course of events was minimized with the aid of meanings Journal of ScandinavianStudies inCriminology and CrimePrevention 9This was also visible in the reports. Some suspects claimed to have been so drunk that they did not remember anything. Also, some women explained the perpetrators’ conduct by referring to his state of drunkenness. In these cases the alleged perpetrator was usually the woman’s partner and she explained, for example, that he was usually a very nice man but became ‘mad’ while drunk. 21 honkatukia: social construction of rape in finnish police reports the victims are more often drunk than the perpetrators – but it may well hint that the victim’s drunkenness is seen as important to mention. It may have importance in judging whether the woman had been unable to defend herself or in explaining why she is unable to remember the course of events accurately. Nevertheless, the meanings alcohol carries are ambiguous, since they also have a potential for victim-blaming. Some reports described, for example, how the woman had failed to take care of her personal safety by accepting a lift from an unknown man because she had been so drunk. These accounts reproduce an idea of ‘the responsible woman’, which is also promoted in the police advice literature (Stanko 1998).10 She avoids risky situations such as being drunk and ‘commonsensically takes all necessary precautions to avoid the violence of men and treats the violence of men to women as encounters that can, given responsible precautions, be avoided’ (Stanko 1998: 62). In focusing on the conduct of the woman this idea fails to problematize the behaviour of men who use violence against women. Also, a false sense of safety is reinforced by promoting the illusion that only certain women are raped (The London Rape Crisis Centre 1999: 7). The reports revealed that sometimes the woman’s alcohol level was measured by a breathalyser test. This was mentioned most often in the reports on rapes committed in situations of making 10A similar of idea of ‘responsibilizing women’ to take care of their personal safety is also traced in the international and national social policy frameworks since the end of the 1990s. Tips for women in avoiding sexual violence are provided. Thus, the responsibility for preventing sexual violence is shifted from the state toward the victim (Carmody & Carrington 2000: 347–8). 22 acquaintance (17%). The test may have been used as a means to provide an opportunity for the victim to prove that she had not been drunk – even though the alleged perpetrator so claims. On the other hand, if she turns out to have been intoxicated, the test can be interpreted (at least by the complainant) as a more or less unintended message, telling the woman she is not an innocent victim (see also Jamieson 1996: 65–6; Kelly & Regan 2001: 36, 42). Hence, instead of questioning the perpetrator’s right to betray her trust, she may feel that she is blamed for being too drunk and/or for leaving with him in the rst place – even though this often remains implicit.11 The rape victim who has been under the inuence of alcohol may also be suspected of false accusations even though this was never explicit in the reports. The police have publicly claimed that young women, in particular, sometimes believe falsely that they have been raped only because they have been so drunk they do not remember what happened (see, for example, Helsingin Sanomat 11th March, 2001).12 After having experienced such a traumatic event as sexual violence many women suVer shock which can take 11In the British police force instructions are applied according to which the rape victim should be believed. However, many oYcers still believe that false allegations of rape are very common (Lees 1997: 178, 184). 12In some cases the suspects claimed, however, that the woman had oVered sexual services for money and made a report on rape to the police after they had refused to pay afterwards. Further, some witnesses doubted the woman’s story because she was known to have experienced something similar earlier in her life. Journal of Scandinavian Studies inCriminology andCrime Prevention honkatukia: social construction of rape in finnish police reports many forms: many feel fear, anguish, powerlessness or shame; some suppress their emotions (The London Rape Crisis Centre 1999: 18–30). In this state of mind many are sensitive to insensitive treatment and hints of blame. It is therefore crucial that the complainants are treated in a sensitive manner by the police and other oYcials. Thus, whatever the reasons for the breathalyser test practice, it should be made explicitly clear to the woman that her account is taken seriously and she is respected as a person. Rape myths Some suspects denied that there had been any sexual intercourse even though the woman so claimed. It was more common for men, however, to admit sexual intercourse but to state that the course of events was not rape. Some of the men may have tried to deny responsibility or refuse to name the course of events rape by using ‘rape myths’, i.e. cultural beliefs on sexuality which blame the victim or state that the woman had consented implicitly (Brownmiller 1975; Scully 1990; Croall 1998: 195–200). These perceptions stem from prevailing views of female and male roles in sexual encounters which often tend to blur the border between normal sexual conduct and violence. Rape myths were utilized most often in the reports on rape committed by known or semi-known men. For example, in their accounts some men utilized and reproduced a sexual script according to which the male is an active seducer in sexual encounters, whereas the female remains a passive object who says no even though she means yes (see for example Jackson 1978; Lees 1997: 76–7). This myth is based on an assumption of the irrationality of women, according to which they are conJournal of ScandinavianStudies inCriminology and CrimePrevention fused by their desires. The real knowledge then lies with men (Holland et al. 1998: 7, 59). As Sue Lees has put it: ‘Men know best what her body really wants, and she is not more than her body’ (Lees 1997: 78). Thus, male pressure is seen as a part of normal sex: The woman said that the man had ripped oV her clothes and forced her to have sex. The man admitted having had a sexual intercourse with the woman but denied to have forced her. He claimed she had rst said no but agreed later to have sex. Other suspects claimed that the intercourse was actually initiated by the woman, or that she had irted, kissed or had some other sexual intimacy with the man before the alleged rape – as if a woman’s expression of any sexual desire or consensual intimacy implies her willingness to engage in sexual intercourse (cf. Jamieson 1996: 59–60). This view of female desire reduces it to something which makes the woman vulnerable or her story unbelievable. Thus, a positive discourse on female sexual activity becomes impossible since it is assumed that ‘good’ women or girls do not make sexual advances, they can only say no or yes (Higgins & Tolman 1997). If the man showed scratches, for example, he explained that the woman had done them because ‘she had been so passionate’. Another suspect claimed to have had only ‘rough sex’ with the woman who accused him of raping her. A third assured the police oYcers that her sex partner had ‘sadomasochistic interests’. These statements can be seen to be based on a view of female sexuality as not totally in women’s control, which they then regret afterwards, accusing 23 honkatukia: social construction of rape in finnish police reports their sexual partners of raping them (Lees 1997: 75). Rape is also alleged to be ‘the easiest crime to allege and the hardest to disprove’ (Kelly & Regan 2001: 33). Ngaire NaYne (1997: 106–7) sees this kind of portrayal of female sexuality as ‘a product of male imagination’ which she identies in the criminological texts on rape as well as in the statements of criminal lawyers. Some men described the outward appearance and conduct of the woman in negative terms – perhaps in order to make her story untrustworthy. For example, they told of the untidiness of the woman’s looks or claimed that she was ‘sick in the head’. However, contrary what can be expected on the basis of Anglo-American literature (see for example Jamieson 1996: 58–9; Lees 1997: 56–60, 64–66; The London Rape Crisis Centre 1999: 54–5), the woman’s sexually attractive outward appearance, marital status or sexual past were not an issue in the reports. Miniskirts or alluring make-up were never mentioned. If the suspect referred to the woman’s sexual past, this reference usually had to do with her relationship to him, not with her sexual encounters with other men.13 The idea of the victim’s sexually attractive appearance as a form of provocation ts unsatisfactorally with Finnish sexual culture, which is said to be based upon women’s trust in males’ 13However, the sexual history and sexual appearance are not completely related to the legal denition of rape. Many countries who have put more emphasis of the concept ‘without consent’ have also introduced legislation to restrict sexual history evidence. There are also examples of where sexual history has been taken up in the court even though the legislation does not mention the concept ‘without consent’ (Kelly & Regan 2001: 26). 24 ability to control their sexual impulses if the woman so wishes (Na¨re 2000: 107–10). However, it could also be asked whether the woman’s sexual credibility has been seen as irrelevant only because it has not been important to nd out whether she had really consented to sex. That is because a rape victim’s consent has not had independent value, detached from the use of force in Finnish legislation on rape (Niemi-Kiesila¨inen 2000: 159).14 Further, all that is said is not necessarily written down in the report. Thus, it remains for future research to establish whether a sexually attractive appearance or the sexual reputation of the victim are also taken into account in the Finnish criminal process. Is rape about physical force or a sexual crime? A controversial question in feminist and other theorizing on rape has been 14The recent reform of sexual oVences has widened the scope of rape towards acts which do not necessary include physical force, but it remains for future research to establish whether the hegemonic position of violence is really challenged. It may also be easier to ask about, reveal and see these legally relevant features in rapes perpetrated by a stereotypical rapist, an unknown assailant. It is also possible that similar tendencies can be found in the Finnish criminal justice system to what Harris & Grace (1999: 35–6) found in their study in England and Wales. The police, barristers and judges they interviewed tended to regard the cases where the perpetrator had been known to the victim as ‘weak’. Many were not motivated to put as much eVort into these cases as into the more stereotypical ones. These attitudes have prevailed at the same time as there has been an excessive increase in the number of acquaintance rapes reported to the police. Consequently, the conviction rate of rape in England and Wales has dropped dramatically. Journal of Scandinavian Studies inCriminology andCrime Prevention honkatukia: social construction of rape in finnish police reports whether to understand rape as a sexual or a violent phenomenon (see for example Brownmiller 1975; Jackson 1978; MacKinnon 1982; Kelly & Regan 2001: 63). This negotiation was visible also in the rape reports where rape was sometimes seen a sexual act, and at other times its violent features were emphasized. Next, I will analyse this negotiation by constructing a ‘rape as physical force’discourse on one hand and ‘rape as sexuality’-discourse on the other. The rape as physical force discourse stresses the physically violent nature of rape. It has a strong position in the reports: 80% of them described diVerent forms of physical force used by the perpetrators, even though these forms were not necessarily termed ‘violence’. Weapons, as well as physical injuries caused to women, were also mentioned. Medical reports written by doctors were often quoted. Probably only the most violent cases are reported to the police in the rst place (see for example Aromaa & Heiskanen 1996). In addition, the discourse of rape as physical force may receive its strength from the legal denition of rape which in 1998 emphasized the use of or threat of physical force. Thus, the description of physical force serves as evidence of rape, and police oYcers may have searched for this evidence not only from the injuries visible on the woman’s body but also in her recollection of the course of events (see for example Sulavuori 1992: 74). The physical force used was described more often in stranger rapes (93%), compared to the cases where the parties knew each other (see also Harris & Grace 1999: 19). Stranger rapes may be more violent than other rapes, but the diVerence may Journal of ScandinavianStudies inCriminology and CrimePrevention also relate to a stereotypical perception of ‘the real rape’ as perpetrated by a violent stranger: thus, in these cases physical force as well as the woman’s resistance to it are described adequately by the police (see also Lees 1997: 185).15 The rape as sexuality discourse emphasizes the sexual features of rape. It is often used together with the rape as physical force discourse so that physical force is described, but is separated from the actual sexual act. There are two diVerent ways to construct this discourse. In the rst version the reasons for rape were seen to lie in the assumed aggressive nature of male sexuality (see also Lees 1997: 74–5). The suspect sometimes talked about ‘rough sex’, or the victim had telephoned the police saying that there was a sexually active man in her apartment she could not cope with. Sometimes the violent nature of the case was minimized by the police, for example by stating: ‘The man did not use any such violence which could have harmed the victim’. In other reports it was described how the man had ripped the woman’s clothes and forced her to sexual intercourse, but – interestingly – it was pointed out that he did not use any violence. 15Besides dening rape as a gender neutral crime in terms of the sex of victims and perpetrators, the reform broadened the scope of legal denition of rape by lowering the requirement of force or threat of it. Three degrees of sexual assault were dened: rape, aggravated rape and coercion to sexual intercourse. The last oVence does not necessarily require physical force as a means of pressure. The two higher oVences were dened as noncomplainant oVences, where a state prosecution is possible. Sexual intercourse was also dened more broadly than in the previous law. 25 honkatukia: social construction of rape in finnish police reports This type of representation of the course of events may reect the dominant understanding of violence within the police organization, as well as more generally. Physical force combined with sexuality may not be regarded easily as ‘violence’, but as a part of normal sex (Lees 1997: 77–8). This is one of JeV Hearn’s ndings in the accounts of British men who had been violent against their partners (Hearn 1996: 44–5). Also Harris & Grace (1999: 21) reported in their study on rape investigation in England and Wales that the police had interpreted a case where blood was found on the scene as only ‘rough sex’. This reects the perception of normal male sexuality as inherently aggressive. This view contradicts and silences a rape victim’s experience and undermines women’s attempts to say no in general. The second version of the ‘rape as sexuality’-discourse in the reports was, however, very diVerent: rape was seen a sexual act but from the victim’s point of view. This discourse brings women’s experiences and voices to the reports. It is reminiscent of some feminist conceptualizations of rape (see for example MacKinnon 1982; Niemi-Kiesila ¨ inen 2000: 151) which regard sexuality as a site of power: in the act of rape the perpetrator violates the victim’s sexual integrity in a deep and harmful way. Rape is seen a violation of personal, intimate and psychological boundaries (Kelly & Regan 2001: 58). The reports described the social, emotional and mental consequences of the incidents which had been caused to the women; shock, fear, humiliation, feelings of worthlessness and shame were among the consequences mentioned. It was also described how some young girls were 26 unable to reveal anything about their experiences because of their shaken state of mind. Some women had received professional help in order to overcome the trauma. Very often this version of the rape as sexuality discourse quoted women’s own words, and it was used most often in the reports on intimate violence (over 40% of the reports) and more rarely in reports on stranger rapes (18%). This diVerence contradicts the common view held by judges, for example, that it is less traumatic to be raped by someone you know (see Kelly & Regan 2001: 36). Also, research suggests that intimate violence can be more traumatic than stranger rapes (see for example Na¨re 2000). The existence of this discourse indicates that rape victims’ experience is given recognition by the police. This is signicant, since one reason for reporting the case to the police may be to have the wrong one has experienced acknowledged, to be heard, believed and respected (Kelly & Regan 2001: 60–1). However, according to Sue Lees, women’s experience is often discarded in rape trials (Lees 1997: 63–4, 84), especially when she has been assaulted by a known man. Although more women are being encouraged to report assaults by men they know, these assaults are not being recognised as such by the criminal justice system. The fact that the police deal sympathethically with these women and accept their account as true is important in helping their recovery, but in failing to convict all but a handful of men responsible for the assaults, the criminal justice system is condoning their actions and encouraging them to attack again (Lees 1997: 188). Journal of Scandinavian Studies inCriminology andCrime Prevention honkatukia: social construction of rape in finnish police reports The Finnish criminal justice system seems to have similar features, since of the 530 suspects in the cases studied in this article, only 67 (13%) had been convicted by the end of 1999. In recent years, reporting of rape has increased in Finland but the conviction rate has shown a decreasing trend (Kelly & Regan 2001: 21, 23). Conclusion The sexual abuse of women by men occurs in the context of gendered power (Holland et al. 1998), where men as a group are more privileged compared to women. The societal and cultural context of rape provides neutralization of sexual violence which legitimizes male violence in sexual encounters. This is one reason why only few rapes are reported to the police in the rst place. The discourses used in the police reports form a part of this reality. According to the Finnish rape reports, rape victims are listened to by the police, and in many reports they are described with sympathy and an understanding tone – also when the context of a rape had been an intimate relationship. However, sometimes the rape victim’s experience of rape is converted – explicitly by the suspects or more implicitly in the narration – to something else, for which she herself is held at least partly responsible. Further, rapes are better described in terms of meeting the legal denition of rape than other kinds of rapes (i.e. they more often include statements on physical force used and resistance, for example). This paper has studied discourses used only in the rst step of the criminal justice system: in the rape reports. The data also consist only of written reports, Journal of ScandinavianStudies inCriminology and CrimePrevention which do not necessarily include all that is said during the investigation process. Moreover, the rape reports describe the past in the sense that from 1999 onwards a new law on sexual oVences has been passed and applied in Finland.15 It remains for future research to see whether this reform has changed the nature of the cases reported to the police or the discourses used in the criminal justice system. Thus, how rape is represented in diVerent phases of the criminal process and what eVects these representations may have should be studied further and more closely. Acknowledgement I wish to thank Kauko Aromaa, Heini Kainulainen, Karen Leander and all those others who have commented the earlier versions of this paper. References Amir M (1971). Patterns of forcible rape. Chicago and London: University of Chicago Press. Apo S (1999). Alkoholi ja kulttuuriset tunteet {Alcohol and the cultural emotions} In: Na¨re S (ed.) Tunteiden sosiologiaa II. Historiaa ja sa¨a¨telya¨ {Sociology of emotions II. History and regulation}. Helsinki: Suomalaisen kirjallisuuden seura, 101–144. Aromaa K, Heiskanen M (2000). Va¨kivalta. In: Heiskanen M, Aromaa K, Niemi H, Sire´n R (eds.) Tapaturmat, va¨kivalta, rikollisuuden pelko. Va¨esto¨haastattelujen tuloksia vuosilta 1980–1997 {Accidents, violence, fear of crime. Results from population surveys 1980–1997}. Helsinki: Tilastokeskus. Oikeus 2000:1. Oikeuspoliittisen tutkimuslaitoksen julkaisuja 171. 27 honkatukia: social construction of rape in finnish police reports Aromaa K, Heiskanen M (1996). Suomalaisten turvallisuus 1993. Haastattelututkimus rikosten ja tapaturmien kohteeksi joutumisesta seka¨ rikoksen pelosta {The physical safety of Finns 1993. A survey on victimisation of crimes and accidents, and of the fear of crime}. Helsinki: Tilastokeskus. Oikeus 1996:17. Oikeuspoliittisen tutkimuslaitoksen julkaisuja 139: 115–34. Brownmiller S (1975). Against our will. Men, women, and rape. London: Secker & Warburg. Burr V (1995). An introduction to social constructionism. London and New York: Routledge. Carmody M, Carrington K (2000). Preventing sexual violence? Aust NZ J Criminol 33:341–61. Croall H (1998). Crime and society in Britain. London and New York: Longman. Easteal P (1994). Voices of the survivors. Powerful and moving stories from survivors of sexual assault. North Melbourne: Spinifex Press. Estrich S (1995). Is it rape? In: Searles P, Berger P (eds.) Rape and society. Readings on the problem of sexual assault. Boulder, San Francisco and Oxford: Westview Press. Harris J, Grace S (1999). A question of evidence? Investigating and prosecuting rape in the 1990s. Research, Development and Statistics Directorate Home OYce. London: Home OYce Research Study 196. Hearn J (1996). The violences of men. London: Sage Publications. 28 Helsingin Sanomat 11 March, 2001. Alaika¨isten tytto¨jen ha¨irinta¨ lisa¨a¨ntynyt. Helsingissa¨ ahdisteltu ta¨na¨ talvena useita koulutytto¨ja¨ vakavasti {Harassment of underaged girls increased. Several schoolgirls have been seriously harassed in Helsinki this winter}. Higgins TE, Tolman DL (1997). Law, cultural media(tion), and desire in the lives of adolescent girls. In: Fineman MA, McCluskey MT, editors. Feminism, media, and the law. New York: Oxford University Press, 177–92. Holland J, Ramanzanogly C, Sharpe S, Thomson R (1998). The male in the head. Young people, heterosexuality and power. London: Tufnell Press. Honkatukia P (2001). ‘Ilmoitti tulleensa raiskatuksi’ – Tutkimus poliisin tietoon vuonna 1998 tulleista raiskausrikoksista {‘Reported she had been raped’ – an analysis of rape oVences recorded by the police in 1998}. Helsinki: Tilastokeskus Oikeus 2001:2, Oikeuspoliittisen tutkimuslaitoksen julkaisuja 180. Jackson S (1978). The social context of rape: sexual scripts and motivation. Women’s Studies Int Q1:27–38. Jamieson L (1996). The social construction of consent revisited. In: Adkins L, Merchant V (eds.) Sexualizing the social. Power and organisation of sexuality. Explorations in sociology 47. Houndsmill and London: British Sociological Association: 55–73. Journal of Scandinavian Studies inCriminology andCrime Prevention honkatukia: social construction of rape in finnish police reports JeVner S (1997). Liksom valdta¨kt, typ. Om betydelsen av ko¨n och heterosexualitet fo¨r ungdomarnas fo¨rstaelse av valdta¨kt {Like raped, you know. About the meanings of gender and heterosexuality in young people’s understanding of rape}. Doktorsavhandling fo¨r losoe doktorsexamen i sociologi framlagt vid Uppsala universitetet. Jokinen A (2000). Panssaroitu maskuliinisuus. Mies, va¨kivalta ja kulttuuri {Ironclad masculinity. Man, violence and culture}. Tampere: Tampere University Press. Kelly L (1988). Surviving sexual violence. Oxford: Basil Blackwell. Kelly L, Regan L (2001). Rape – a forgotten issue? A European Research and Networking Project, Child and Woman Abuse Studies Unit. London: University of North London. Kivivuori J (1999). Suomalainen henkirikos. Teonpiirteet ja tekojen olosuhteet vuosina 1988 ja 1996 {Patterns of Criminal Homicide in Finland}. Helsinki: Oikeuspoliittisen tutkimuslaitoksen julkaisuja 159. Kortteinen M (1992). Kunnian kentta¨. Suomalainen palkkatyo¨ kulttuurisena muotona {The eld of honour. Finnish paid labour as a cultural form}. Ha¨meenlinna: Hanki ja ja¨a¨. Koss MP, Heise L, Russo NF (1994). The global health burden of rape. Psychol Women Q18:499–527. Lees S (1997). Ruling passions. Sexual violence, reputation and the law. Buckingham, Philadelphia: Open University Press. Levi M (1997). Violent crime. In: Maguire M, Morgan R, Reiner R, editors. The Oxford handbook of criminology. Oxford: Clarendon Press: 841–89. Journal of ScandinavianStudies inCriminology and CrimePrevention MacKinnon C (1982). Feminism, Marxism, method, and the state. An agenda for theory. Signs7:515–44. NaYne N (1997). Feminism and criminology. Cambridge and Oxford: Polity Press. Niemi H (2000). Seksuaalirikokset {Sex oVences}. In: Rikollisuustilanne 1999. Rikollisuus ja seuraamusja¨rjestelma¨ tilastojen valossa {Crime and criminal justice in Finland}. Helsinki: Oikeuspoliittisen tutkimuslaitoksen julkaisuja 165:26–34. Niemi-Kiesila ¨ inen J (2000). Mita¨ seksuaalirikoslailla halutaan suojella? In: Honkatukia P, Niemi-Kiesila¨inen J, Na¨re S, editors. La¨hentelyista ¨ raiskauksiin, Tytto¨jen kokemuksia ha¨irinna¨sta¨ ja seksuaalisesta va¨kivallasta {From harassment to rape. Girls’ experiences of harassment and sexual violence}. Helsinki: Nuorisotutkimusverkosto. Nuorisotutkimusseura. Julkaisuja13:137–68. Nousiainen K (1998). Kielletty uhri {The unacknowledged victim}. In: Kiviaho P, editor. Puheenvuoroja naisiin kohdistuvasta va¨kivallasta {Contributions concerning violence against women}. Helsinki: Sosiaali – ja terveysministerio¨. Tasaarvojulkaisuja3:45–8. Na¨re S (2000). Nuorten tytto¨jen kohtaama seksuaalinen va¨kivalta ja loukattu luottamus tunnetaloudessa {Sexual violence experienced by young girls and the abused trust in the emotional economy}. In: Honkatukia P, Niemi-Kiesila ¨ inen J, Na¨re S, editors. La¨hentelyista ¨ raiskauksiin, Tytto¨jen kokemuksia ha¨irinna¨sta¨ ja seksuaalisesta va¨kivallasta. Helsinki: Nuorisotutkimusverkosto. Nuorisotutkimusseura. Julkaisuja13:77–135. 29 honkatukia: social construction of rape in finnish police reports Owens RJ (1997). Working in the sex market. In: NaYne N, Owens R, editors. Sexing the subject of law. Sydney: LBC Information Services: 119–48. Stanko E. (1998). Warnings to women. In: Miller SL, editor. Crime control and women. Feminist implications of criminal justice policy. Thousands Oaks, London, New Delhi: Sage Publications: 52–68. Piispa M, Heiskanen M (2000). Va¨kivallan hinta. Naisiin kohdistuvan va¨kivallan kustannukset Suomessa {The price of violence. The costs of violence against women in Finland}. Helsinki: Tilastokeskus. Oikeus 2000:14. Sukupuolten tasa-arvo. Tasaarvoasiain neuvottelukunta. Sosiaali- ja terveysministerio ¨ . Tasa-arvojulkaisuja 2000:6. Stanko E (1985). Intimate intrusions. Women’s experience of male violence. London: Unwin Hyman. Pylkka¨nen A (1999). Suomalainen tasa-arvo {Finnish equality}. In: Lipponen P, Seta¨la¨ P, editors. Suomalainen nainen {The Finnish woman}. Keuruu: Otava:24–38. Suoninen E (1999). Na¨ko¨kulma sosiaalisen todellisuuden rakentumiseen {A female perspective on the construction of reality}. In: Jokinen A, Juhila K, Suoninen E, editors. Diskurssianalyysi liikkeessa¨. Vuorovaikutus, toimijuus ja kulttuuri empiirisen tutkimuksen haasteina {Interaction, actorship and culture as challenges to empirical research}. Tampere: Vastapaino: 11–38. Raijas R, Repo T, editors (1999). Raiskauskriisikeskus Tukinainen – projekti 1993–1998. Projektin loppuraportti {Final report from the Rape Crisis Centre Project 1993–1998}. Helsinki: STAKES, Aiheita: 25. Rantalaiho L (1994). Sukupuolisopimus ja Suomen malli {The gender contract and the Finnish model}. In: Anttonen A, Henriksson L, Na¨tkin R, editors. Naisten hyvinvointivaltio {A welfare state of women}. Tampere: Vastapaino: 9–30. Scully D (1990). Understanding sexual violence. A study on convicted rapists. New York: Unwin Hyman. 30 Sulavuori M (1992). Piinapenkki. Naisna¨ko¨kulma raiskausten oikeusprosessika ¨ sittelyyn {A female perspective of rapes in the legal procedure}. Tampere: Tampereen yliopisto. Naistutkimusyksikko¨: 5. The London Rape Crisis Centre (1999). Sexual violence. The reality for women, 3rd edn. London: The Women’s Press. received 23 June 2001 pa¨ivi honkatukia The Finnish Academy University of Kuopio/ National Research Institute of Legal Policy PB 157, 00121 Helsinki Finland Tel. + 3589 1825 7871 E-mail: paivi.honkat ukia@ om. 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