“She Clearly Thought That Something Bad Had Happened to Her”: How Military Lawyers Construct Narratives of Victim Legitimacy and Perceived Harm in Sexual Assault Cases

doi:10.1177/0095327x221108526

Paper

“She Clearly Thought That Something Bad Had Happened to Her”: How Military Lawyers Construct Narratives of Victim Legitimacy and Perceived Harm in Sexual Assault Cases

Published Jul 29, 2022 · Samantha A. Tosto, Stephanie Bonnes

Armed Forces & Society

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Abstract

It has been well established that survivors of sexual assault are revictimized as they navigate the civilian criminal justice system. Significantly less is known, however, about how sexual violence is navigated within the military justice system. In this study, we use qualitative interviews with military lawyers about sexual assault cases to explore their constructions of victim legitimacy. Lawyers create a distinction between perceived and actual harm done to a victim and perpetuate the notion that victims falsely accuse men of sexual violence. Through these discursive strategies, lawyers suggest that the issue of military sexual violence is inflated. Finally, lawyers blame the institutional structure of the military for teaching victimization to young women. This helps them explain why victims who they do not perceive as legitimate report sexual violence. These findings emphasize the need for further inquiry into how those working in the military justice system perceive and interact with victims.

Study Snapshot

Military lawyers construct narratives of victim legitimacy in sexual assault cases, highlighting the need for further inquiry into how they perceive and interact with victims in the military justice system.

PopulationOlder adults (50-71 years)

Sample size24

MethodsObservational

OutcomesBody Mass Index projections

ResultsSocial networks mitigate obesity in older groups.

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Paper

“She Clearly Thought That Something Bad Had Happened to Her”: How Military Lawyers Construct Narratives of Victim Legitimacy and Perceived Harm in Sexual Assault Cases

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References

The Role of Military Law and Systemic Issues in the Military's Handling of Sexual Assault Cases

The US military tries to punish sexual assault cases, but low conviction rates may indicate systemic problems with cases and circumstances, and may reflect the military's legal mandate to prioritize mission.

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Prosecutors define sexual victimization in statutory rape cases based on informal ideas about normative adolescent sexuality, perpetuating social hierarchies based on age, gender, and sexual identity.

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Rape myth acceptance influences police officers' perceptions of sexual assault cases and behavioral intentions, with victim alcohol use decreasing their likelihood of vigorously responding.

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Prosecutorial narratives of child sexual abuse focus on the loss of a child's heterosexual potential, highlighting the need for gendered and heteronormative approaches to sexual victimization.

“Victim is Not Credible”: The Influence of Rape Culture on Police Perceptions of Sexual Assault Complainants

Rape culture influences police perceptions of sexual assault complainants' credibility, with indicators of "real rape" and "character flaws" increasing the likelihood of questioning.

Citations

Prosecuting Military Sexual Assault: The Entanglement of Military Discourse and Victim Stereotypes in Prosecutor Case Strategies

Military prosecutors use military discourse to combat rape myths but are limited by gendered assumptions of the ideal servicemember in combating sexual assault cases.