Current Research Projects

Aims of the project: Both in Germany and worldwide, there is a debate about whether sexual offenses (and rape in particular) are too rarely reported, too often stopped before trial and too rarely end in a conviction in court. In this context, the research project "The prosecution of rape in Lower Saxony" looked at criminal proceedings in suspected cases of rape from several methodological perspectives. One aim was to gain a better understanding of the various "decisions" in the proceedings - in other words, to understand why cases are dismissed less frequently or more frequently or end in a conviction or acquittal than other specific cases. It should also be examined which aspects of the criminal proceedings are particularly stressful for those affected. These findings were to be used to develop concrete suggestions for improving the prosecution of rape.

Timeframe of the project: The research project ran from the beginning of 2020 to 2023.

The full report with results can be found here:
https://kobra.uni-kassel.de/bitstream/handle/123456789/15539/kup_9783737611411.pdf?sequence=1&isAllowed=y.

The following is a summary of relevant framework information and selected key findings.

Structure of the project: The research project consisted of four building blocks

• Criminal file analysis: Criminal files are created by the police and/or the public prosecutor's office. All information on criminal proceedings is collected in these files. 550 of these criminal files from the years 2014-2016 were analyzed. The focus here was to gain as accurate an insight as possible into charged and discontinued cases and the individual procedural acts.
• Interview with victims: All victims who reported a rape in Lower Saxony between 2015 and 2019 were sent a victim survey by post. This questionnaire could be answered voluntarily and anonymously. A total of 191 victims responded. The survey mainly focused on the personal experiences of the victims during the criminal proceedings.
• Expert interviews: Eight individual interviews and one group discussion were conducted with various people with extensive experience of criminal proceedings relating to rape (including judges, police officers, public prosecutors, lawyers and people from victim support organizations). These interviews were intended to classify the previously collected data from the criminal file analysis and the victim survey and place them in a broader context.
• Observation of official data: Official data from the police crime statistics and the criminal prosecution statistics from 2007-2018 were examined. This was intended to place the specific findings for Lower Saxony in a broader context within Germany.

Results:

1. What kinds of cases are the subject of criminal proceedings for rape? Overall, there was a wide range of different cases. Many cases took place within closer or looser previous relationships in the home. Alcohol played a certain role in many cases. These and other characteristics mean that it is often difficult to prove the crime. Victims and accused tend to be young and come from different social groups. However, in both groups, those affected and those accused, there are also quite a few people who have disadvantages such as language barriers, low socio-economic status, drug use or mental disorders.
2. What differences are there between Lower Saxony and other federal states? If there is a suspicion of rape, the public prosecutor's office decides whether the case is charged or dropped. In general, the public prosecutor's office brings charges in cases that are sufficiently likely to lead to a conviction in court. An examination of the official data suggests that cases in Lower Saxony are more frequently charged, but also more frequently acquitted. This suggests that in Lower Saxony, compared to other federal states, cases with "uncertain evidence" are charged more frequently.
3. Which cases are more likely to end with which outcome? The likelihood of a case being dropped is particularly high in cases that have arisen in connection with "partying together" and in cases that are reported at a considerable time after the crime. Legal representation of those affected slightly increases the likelihood of an indictment, but not the likelihood of a conviction. Acquittals are more likely in cases with a long duration of proceedings and in cases with a sexual relationship and in connection with private meetings ("dates"). The statements made by victims to the police are recorded. Cases that were recorded verbatim by the police are more frequently charged, but also more frequently acquitted.
4. How do those affected experience the criminal proceedings? The victims were asked how they experienced the contact with the professionals involved in the criminal proceedings and the criminal proceedings as a whole. Overall, the victims rated the criminal proceedings as rather negative and stressful. However, the professionals involved, such as police officers, judges and credibility experts, were rated as rather positive. The only exception to this is the defendant's defense lawyer, who was viewed rather negatively. People from victim support services and the accessory prosecution lawyer were viewed particularly positively.
5. What were particularly good and particularly bad experiences for victims? In the victim survey, victims were given the opportunity to describe particularly good and particularly bad experiences in criminal proceedings. Experiences with police officers were described most frequently. Both positive and negative experiences were described, with the particularly negative experiences predominating. These experiences related to both the statements and the investigative work as well as the filing of charges. The perceived mistrust of those involved in the criminal proceedings was often described as a particularly bad experience.
6. How do the criminal proceedings influence the processing of the crime? The victims were asked how they were feeling at the time of the survey (general well-being and symptoms indicating post-traumatic stress disorder). It was found that victims who described the criminal proceedings as more stressful were more likely to report symptoms indicative of post-traumatic stress disorder. Another strong influence on the processing of the crime was socio-economic status. This study looked at school-leaving qualifications, vocational qualifications and occupation. Victims with a lower socio-economic status were struggling even more with the consequences of the rape at the time of the survey. They reported a lower level of general well-being and more severe symptoms indicating post-traumatic stress disorder.
7. How often are victim support services used? Only roughly half of the victims surveyed were supported by victim support organizations. Around half also reported that, to the best of their recollection, the police had not given them any information about victim support organizations. In view of the importance of advice and support from victim support organizations in criminal proceedings, there is considerable potential for improving the situation of victims.
8. What other possibilities for improvement are there in criminal proceedings? It is important that victims are able to understand what is happening in criminal proceedings. Overall, those affected were rather moderately satisfied with the amount and quality of information passed on. The disclosure of information by the police, public prosecutor's office and credibility experts could therefore be improved. The importance of specialization, specialist knowledge and skills was particularly emphasized in the expert interviews. Some instances are extremely time-consuming. It is important that all actors have sufficient time to process the cases. Despite all considerations on improving the situation of victims of rape in connection with criminal proceedings, it should be noted that The needs of those affected are different and even in optimally conducted criminal proceedings, proving rape is often very difficult. Counseling must therefore be very individual. It should convey realistic expectations of the criminal proceedings and help to find the best possible way of dealing with them, tailored to the individual's needs.