The Function of Rape Myths in the Battle Over Parental Rights

Abstract

Rape myths—deeply ingrained in societal consciousness—uphold existing cultural arrangements. They put less blame on the rapist, more blame on the survivor, and decrease the likelihood that a rape is identified as such. This case study explored a woman who conceived a child through rape during high school. The survivor fought a custody battle with the rapist who demanded paternal rights, raised the child, and advocated for increasing the legal protections of children conceived through rape. Through an analysis drawing upon many forms of data, we identified legal and media statements that minimized rape, protected the rapist, or blamed the victim. The analysis revealed five rape myths: a woman's sexual history casts doubt on whether she is raped; the rapist may have made a mistake and been unfairly punished; the victim could lie about rape to prevent the rapist from having access to his child; rape is not a violent crime; and the rapist is a father. These myths were propagated even among people who intended to help the survivor cope with the trauma of rape and the retraumatizing effect of the custody battle with the rapist over her child. These disturbing findings suggest implications for counseling, media, law enforcement, and the legal system writ large.