As a wife, mom, survivor, and regular person until Monday morning, I am overwhelmed and astounded by the reaction and response to the “Truth About False Accusation” infographic, and encouraged by the dialogue that has emerged as a result of it. Thank you to each and every person who shared it, debated it, loved it, and hated it.
We accept and encourage debate on this and any future infographics released by The Enliven Project. Given the massive amount of media coverage and online discussion about it, I wanted to provide some additional – and more well-thought out – context to the purpose of the graphic and The Enliven Project, as well as to address a bit of criticism about the data we used.
The purpose of this graphic is to compare (primarily men’s) fear of being falsely accused of being a rapist to the many challenges around reporting, prosecuting, and punishing rapists.
Two key figures drive that point home:
- A reporting rate of 10%
- A false reporting rate of 2%
The other decision we made was to present data that fell within documented ranges, rather than reflect the findings of a particular report, because of the inherent challenge in collecting data on this issue. Said another way: at the moment, an argument could be made that every source is flawed in some way. The reason we pursued a composite approach instead of relying on one study was exactly to spark discussion about the underlying data and definitions, and – perhaps most importantly - the current challenges in data collection.
For example – here are a handful of challenges that we encountered while putting together the infographic and, as a result, some limitations of the infographic itself:
- The federal data provides arrest, conviction, and incarceration rates on forcible rape only, NOT other forms of sexual violence.
- Until 2012, the federal definition of rape was limited to penetration of a vagina by a penis. Therefore, 100% of rapists would have to be men.
- The difference between a false report (how data is counted and being falsely accused (the fear at the individual level). Lonesway, Archembault, and Lisak, the authors of the article from The National Center for the Prosecution of Violence Against Women, use the following definition: A false report is a report of a sexual assault that did not happen (i.e., it was not completed or attempted).” The report goes on to discuss the challenges of defining whether the assault in fact didn’t happen or whether investigators or prosecutors decide that it did not happen based “simply on their own views of the victim, the suspect, and their credibility.” Individuals who are falsely accused of rape outside of the justice system would not be counted in this figure.
Despite these admitted flaws, here’s what’s not disputable:
- Rape and sexual violence continue to impact men, women, and children across the country and around the world.
- Fewer than 100% of rapes are reported to the police because social, emotional, and legal barriers still exist.
- Sexual violence has an enormous emotional and financial cost to our society, and many bystanders don’t even know they are being affected by it when in reality, they are.
- Individuals, foundations, employers, and the government do not invest deeply enough in awareness, prevention, intervention and recovery.
- Our justice system isn’t perfect. Sometimes innocent people are charged. And sometime guilty people go free. That doesn’t mean that men and women aren’t being raped and sexually assaulted. It means there are improvements that can be made all around.
Finally, there is something that this graphic does NOT represent. And that is the impact of false accusation on an individual’s life. The purpose of the graphic was to put the FEAR of false accusation in perspective, not to discount the very real impact that a false report or false accusation has on someone’s life.
We certainly plan future infographics and have learned from this overwhelming and humbling response that visualizing these issues can be quite powerful, and careful sourcing and stating assumptions up front is also important. Our primary goal – and that of The Enliven Project as a whole – was to start a conversation that desperately needs to be had in our country. We’ll let others decide whether or not we were successful on this front. However, in the future, the kind of analysis and background information provided here and below will be made available at the time the infographic is released so that there are no misconceptions about our intent and message.
Breakdown of Graphic and Statistics
1,000 Rapists (technically 1,000 rapes as pointed out by Slate, a distinction we missed in an effort to bring some reality to the numbers.)
Of those 1,000 rapes, we applied a 10% reporting rate (100)
- Source: http://www.hmic.gov.uk/media/without-consent-20061231.pdf
Page 8: “Estimates from research suggest that between 75 and 95 per cent of rape crimes are never reported to the police.” - Source:http://bjs.ojp.usdoj.gov/index.cfm?ty=dcdetail&iid=245 (2011 Criminal Victimization Survey): Reported to the police (US): 27% in 2011, 49% in 2010
Of those 100 reported rapes, we show 30 faced trial (this includes those that were jailed). This is 30%. Faced trial, for the purpose of this graphic, uses composite data reflecting the terms prosecution, arrested, and faced trial.
- RAINN (http://www.rainn.org/get-information/statistics/reporting-rates) lists for 46 rapes, 9 get prosecuted. This is 19.5%.
- Tjaden, P., & Thoennes, N. (2006). Extent, nature and consequences of rape victimization: Findings from the National Violence Against Women Survey. Washington, DC: U.S. Department of Justice. - 37% of reported rapes are prosecuted
- Patterson, D., & Campbell, R. (2010). Why rape survivors participate in the criminal justice system. Journal of Community Psychology, 38(2), 191-205. - 14-18% of reported rapes lead to prosecution
- http://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2010/crime-in-the-u.s.-2010/clearances - 40% clearance rate in 2010 (arrested or cleared by exceptional means)
Of the 100 rapes brought to trial, 10 are jailed. This is 10%. Or, of the 30 rapes prosecuted, 10 are jailed. This is 33.3%.
- When considered 10% of the 100 reported rapes: http://www.ncpa.org/pub/st229?pg=11Table A-4 in 1997, Probability of prison for rape is 9%.
- When considered 10% of the 100 reported rapes: http://bjs.ojp.usdoj.gov/content/pub/pdf/fdluc06.pdf
page 11 in 2006: 62% of felony rape defendants are convicted, 50% of a felony
page 12 in 2006: most severe sentence of convicted offenders
For rape: 80% incarcerated. Combining these, 0.62 * 0.8 = 0.496 (49.6%) - When considered as a portion of prosecuted rapes that are jailed: RAINN (http://www.rainn.org/get-information/statistics/reporting-rates) lists for 9 prosecuted rapes, 3 are jailed. This is 33.3%.
Of the 100 rapes reported, 2 are false accusations. The 2% false accusation rate was applied only to the number of reported rapes.
- Source: http://www.ndaa.org/pdf/the_voice_vol_3_no_1_2009.pdf page 2: “when more methodologically rigorous research has been conducted, estimates for the percentage of false reports begin to converge around 2-8%.”
Thank you for the continued engagement with the data around this graphic. Please remember that this graphic was and is intended to start a longer conversation about the many aspects about sexual violence. It’s not the beginning, middle, and end. And the issues and data are indeed far more complex than any single image could project. So keep on discussing, learning, and connecting here and in other communities online and off.
[…] percentage might change if women felt more comfortable reporting sexual assault is unclear. But many never report what happened to them. A Department of Justice study from 2000 found that fewer than 5 percent of […]
[…] percentage might change if women felt more comfortable reporting sexual assault is unclear. But many never report what happened to them. A Department of Justice study from 2000 found that fewer than 5 percent of […]
[…] percentage might change if women felt more comfortable reporting sexual assault is unclear. But many never report what happened to them. A Department of Justice study from 2000 found that fewer than 5 percent of […]
[…] percentage might change if women felt more comfortable reporting sexual assault is unclear. But many never report what happened to them. A Department of Justice study from 2000 found that fewer than 5 percent of […]
[…] percentage might change if women felt more comfortable reporting sexual assault is unclear. But many never report what happened to them. A Department of Justice study from 2000 found that fewer than 5 percent of […]
[…] percentage might change if women felt more comfortable reporting sexual assault is unclear. But many never report what happened to them. A Department of Justice study from 2000 found that fewer than 5 percent of […]
[…] percentage might change if women felt more comfortable reporting sexual assault is unclear. But many never report what happened to them. A Department of Justice study from 2000 found that fewer than 5 percent of […]
[…] percentage might change if women felt more comfortable reporting sexual assault is unclear. But many never report what happened to them. A Department of Justice study from 2000 found that fewer than 5 percent of […]
[…] percentage might change if women felt more comfortable reporting sexual assault is unclear. But many never report what happened to them. A Department of Justice study from 2000 found that fewer than 5 percent of […]
[…] percentage might change if women felt more comfortable reporting sexual assault is unclear. But many never report what happened to them. A Department of Justice study from 2000 found that fewer than 5 percent of […]
[…] percentage might change if women felt more comfortable reporting sexual assault is unclear. But many never report what happened to them. A Department of Justice study from 2000 found that fewer than 5 percent of […]
[…] percentage might change if women felt more comfortable reporting sexual assault is unclear. But many never report what happened to them. A Department of Justice study from 2000 found that fewer than 5 percent of […]
Hi - I came across this infographic in an article on the Atlantic website, which brought me to your website.
I really like the things you say here - but the infographic lets you down badly. Here’s why. Using the 2-8% false accusation figure as an illustration:
If the infograpic contained 100 figures in total(10 x 10, for eg) you could meaningfully illustrate false accusations with 2-8 black figures.
If it contained 1000 figures in total (100 x 100) you could meaningfully illustrate false accusations with 20 to 80 black figures.
But a quick count shows that infographic actually contains 2,500 figures (50 x 50). To meaningfully illustrate a 2-8% false accusation rate, you’d need to show 50 to 200 black figures. Instead you only show 2 black figures, visually implying a false accusation rate of 0.0008%.
Iow you say one thing but your infographic shows something else. It comes across as manipulative and dishonest rather than illustrative to anyone who is even marginally numerate. This really is a pity because it casts doubt on the integrity of your other statements - and you lose people to whom you could have other communicated some really valuable information. It’s a human reaction to distrust people who you can see are trying to manipulate you - I’m sure it wasn’t intentional on your part, but that’s how it’s coming across.
Warm regards
[…] Según algunos estudios sólo un 10% de las violaciones se denuncian, y del 100% de las denuncias sólo un 2% son falsas (cifras similares que se dan en otro tipo de delitos). Para saber cómo se hizo este gráfico: http://theenlivenproject.com/the-story-behind-the-infographic/ […]
[…] - La respuesta de los creadores del gráfico […]
[…] Previous […]
[…] and FBI reports.” This turns out to be a falsehood in respect of the titular statistic. In a followup, they instead cite a document written by Lonsway, Archambault, and Lisak (hereinafter […]
——-1,000 Rapists (technically 1,000 rapes as pointed out by Slate, a distinction we missed in an effort to bring some reality to the numbers.)
Really? Because it seems to me that what you wanted was to bring some drama to the numbers. Reality would have been better represented doing the very simple math involved in figuring out how many times a rapist is likely to reoffend, versus the number of rapes committed, for a much smaller graph entirely.
——-Until 2012, the federal definition of rape was limited to penetration of a vagina by a penis. Therefore, 100% of rapists would have to be men.
And we’re okay with this? We’re going to use this massive bias in the source material to further skew our numbers, rather than having something to say about how terrible it is that until now a man had no legal redress to being raped?
Hey, confused… You seem angry. So do you, David. Does it make you mad that the numbers may be skewed? Does it make you frustrated to think that the info graphic is not exactly perfect?
“Men who are in prison for rape think it’s the dumbest thing that ever happened… it’s isn’t just a miscarriage of justice; they were put in jail for something very little different from what most men do most of the time and call it sex. The only difference is they got caught. That view is nonremorseful and not rehabilitative. It may also be true. It seems to me that we have here a convergence between the rapists’s view of what he has done and the victim’s perspective on what was done to her. That is, for both, their ordinary experiences of heterosexual intercourse and the act of rape have something in common. Now this gets us into immense trouble, because that’s exactly how judges and juries see it who refuse to convict men accused of rape. A rape victim has to prove that it was not intercourse. She has to show that there was force and that she resisted, because if there was sex, consent is inferred. Finders of fact look for “more force than usual during the preliminaries”. Rape is defined by distinction from intercourse - not nonviolence, intercourse. They ask, does this event look more like fucking or like rape? But what is their standard for sex, and is this question asked from the women’s point of view? The level of force is not adjudicated at her point of violation; it is adjudicated at the standard for the normal level of force. Who sets this standard?”
Catharine A. MacKinnon
Tags: feminism, feminist-theory, intercourse, law, patriarchy, piv, rape, women
The main problem with the infographic is your claim to know the rate of false reporting. No one knows that and, if the subject of rape were less emotive, it would probably be obvious that no one could know it.
The sources that you have used to derive your false reporting rate are not attempts to measure the percentage of reports that are false. They are attempts to measure the percentage of reports that can be *proven* to be false. To get a low end figure such as 2% you have to apply fairly strict standards of proof, in general only taking a report as proven false if there is a clear and credible admission by the complainant that it is false or some other compelling piece of evidence.
Studies that use such evidential standards do consistently demonstrate that between 2% and 8% of reports in a given sample can be proven to be false.
The snag is that if you looked at the same sample and asked how many could be proven to be true, using a similar standard of proof, you would not find very many provably true reports either.
If someone were to argue that, since only a small percentage of reports can be proven to be true, only a small percentage actually are true there would be an outcry, and rightly so. The conflation of “proven true” with “actually true” would be ridiculous. However to conflate “proven false” with “actually false” is equally ridiculous.
The vast majority of reports are inconclusive. They cannot be proved true, and they cannot be proved false either. Some of these inconclusive reports are true reports that cannot be proved to be true, some are false reports that cannot be proved to be false. However no one knows how many fall into the former category and how many into the latter. It would advance the debate enormously if both feminist and “men’s rights” activists stopped pretending that they do know.
The main problem with the infographic is your claim to know the rate of false reporting. No one knows that and, if the subject of rape were less emotive, it would probably be obvious that no one could know it.
The sources that you have used to derive your false reporting rate are not attempts to measure the percentage of reports that are false. They are attempts to measure the percentage of reports that can be *proven* to be false. To get a low end figure such as 2% you have to apply fairly strict evidential standards, in general only taking a report as proven false if there is a clear and credible admission by the complainant that it is false or some other compelling piece of evidence.
Studies that use such evidential standards do consistently demonstrate that between 2% and 8% of reports in a given sample can be proven to be false.
The snag is that if you looked at the same sample and asked how many could be proven to be true, using a similar standard of evidence, you would not find very many provably true reports either.
If someone were to argue that, since only a small percentage of reports can be proven to be true, only a small percentage actually are true there would be an outcry, and rightly so. The conflation of “proven true” with “actually true” would be ridiculous. However to conflate “proven false” with “actually false” is equally ridiculous.
The vast majority of reports are inconclusive. They cannot be proved true, and they cannot be proved false either. Some of these inconclusive reports are true reports that cannot be proved to be true, some are false reports that cannot be proved to be false. However no one knows how many fall into the former category and how many into the latter. It would advance the debate enormously if both feminist and “men’s rights” activists stopped pretending that they do know.
[…] TO ADD: Today (1/11/13), The Enliven Project posted a background piece on their original graphic, with links to their source material and the arguments behind their choices. I, obviously, disagree […]
[…] The fear of getting falsely accused of rape just doesn’t compare to the fear of an actual rapist getting away with his or her crime. Statistics from Justice Department, National Crime Victimization Survey: 2006-2010 and FBI reports. NOTE (1/7/13): For more detail on statistics used, please click here. […]