[A content warning: this post discusses sexual assault reports.]

All reports of a crime have potential consequences. We live in an age where false reports of crimes lead to death and where “SWATting” is a murderous prank. However, only one class of crime leads to constant concern from conservatives that false allegations are sufficiently common to require a kind of blanket scepticism. Amid the allegations against Supreme Court nominee Brett Kavanaugh, conservatives are pushing back against treating allegations of sexual assault at face value. This is part of a long history of people demanding that sexual assault crimes, in particular, require additional scepticism and scrutiny. That history pushed an idea that rape claims are made by women to ruin a man’s reputation even though historically the consequences of speaking out have always fallen more heavily on women than men*.

A piece by David French at the conservative magazine National Review attempts to pushback against modern feminist advocacy for supporting victims of sexual violence:

“It happens every single time there’s a public debate about sex crimes. Advocates for women introduce, in addition to the actual evidence in the case, an additional bit of  “data” that bolsters each and every claim of sexual assault. You see, “studies” show that women rarely file false rape claims. According to many activists, when a woman makes a claim of sexual assault, there is an empirically high probability that she’s telling the truth. In other words, the very existence of the claim is evidence of the truth of the claim.” https://www.nationalreview.com/2018/09/brett-kavanaugh-accusations-rape-claim-statistics/

The tactic here is one we’ve seen in multiple circumstances where research runs counter to conservative beliefs. FUD, fear-uncertainty-doubt — everything from cigarettes to DDT to climate change has had the FUD treatment as intentional strategy to undermine research. Note the ‘how ridiculous’ tone of ‘In other words, the very existence of the claim is evidence of the truth of the claim.’ when, yes the existence of somebody claiming a crime happened to them IS evidence that a crime happened to them. It is typically the first piece of evidence of a crime! It isn’t always conclusive evidence of a crime for multiple reasons but yes, mainfestly it is evidence. The rhetorical trick here is to take something that is actually commonplace (i.e. a default assumption that when a person makes a serious claim of a crime there is probably a crime) and make it sound spurious or unusual.

The thrust of the article rests on an attempt to debunk research that has been done on the issue of false rape allegations. To maintain the fear of men suffering from false rape allegations, the article aims to emphasise the uncertainty in the statistics to provoke doubt (and uncertainty) amid its target audience.

After a broad preamble, the article focuses on one study in particular and to the article’s credit it does actually link to the paper. The 2010 study in question is this one False Allegations of Sexual Assault: An Analysis of Ten Years of Reported Cases by David Lisak, Lori Gardinier, Sarah C. Nicksa and Ashley M. Cote. The specific study looks at reports of sexual assault to campus police at major US Northeastern university. However, the study also contains (as you might expect) a literature review of other studies conducted. What is notable about the studies listed is that they found frequencies of flase allegations were over reported. For example a 2005 UK Home Office study found:

“There is an over-estimation of the scale of false allegations by both police officers
and prosecutors which feeds into a culture of skepticism, leading to poor communi-
cation and loss of confidence between complainants and the police.”

The space were David French seeks to generate uncertainty around these studies is two-fold:

1. That sexual assault and rape are inherently difficult topics to research because of the trauma of the crime and social stigma [both factors that actually point to false allegations being *less* likely than other crimes, of course…]
2. That there are a large numbers of initial reports of sexual assault were an investigation does not proceed.

That large numbers of rape and sexual assault reports to police go univestigated may sound more like a scandal than a counter-argument to believing victims but this is a fertile space for the right to generate doubt.

French’s article correctly reports that:

“researchers classified as false only 5.9 percent of cases — but noted that 44.9 percent of cases where classified as “Case did not proceed.””

And goes on to say:

“There is absolutely no way to know how many of the claims in that broad category were actually true or likely false. We simply know that the relevant decision-makers did not deem them to be provably true. Yet there are legions of people who glide right past the realities of our legal system and instead consider every claim outside those rare total exonerations to be true. According to this view, the justice system fails everyone else.”

The rhetorical trick is to confuse absolute certainty (i.e. we don’t know exactly the proportion of the uninvestigated claims might be false) with reasonable inferences that can be drawn from everything else we know (i.e. it is very, very, unlikely to be most of them). We can be confident that cases that did not proceed BECAUSE the allegation was false (i.e. it was investigated and found to be false) were NOT included in the 44.9% of cases precicesly because those cases were counted in false allegation. More pertinently, linking back to the “fear” aspect of the FUD strategy, the 44.9% of cases also led to zero legal or formal consequences to alleged perpetrators.

I don’t know if this fallacy has a formal name but it is one I see over and over. I could call it “methodological false isolation of evidence” by which I mean the tendency to treat evidence for a hypothesis as seperate and with no capacity for multiple sources of evidence to cross-coroborate. If I may depart into anthropoegenic global warming for a moment, you can see the fallacy work like this:

• The physics of carbon dioxide and the greenhouse effect imply that increased CO2 will lead to warming: countered by – ah yes, but we can’t know by how much and maybe it will be less than natural influences on climate and maybe the extra CO2 gets absorbed…
• The temperature record shows warming consistent with the rises in anthopogencic greenhouse gases: countered by – ah yes, but maybe the warming is caused by something natural…

Rationally the the two pieces of evidence function together: correlation might not be causation but if you have causation AND correlation then, well that’s stronger evidence than the sum of its parts.

With these statistics we are not operating in a vacuum. They need to be read an understood along with the other data that we know. Heck, that idea is built into the genre of research papers and is exactly why literature reviews are included. Police report statistics are limited and do contain uncertainty and aren’t a window into some Platonic world of ideal truth BUT that does not mean we know nothing and can infer nothing. Not even remotely. What it means is we have context to examine the limitations of that data and consider where the bias is likely to lie i.e. is the police report data more likely to OVERestimate the rate of false allegations or UNDERestimate compared to the actual number of sexual assaults/rapes?

It’s not even a contest. Firstly as the 2010 report notes:

“It is notable that in general the greater the scrutiny applied to police classifica-
tions, the lower the rate of false reporting detected. Cumulatively, these findings con-
tradict the still widely promulgated stereotype that false rape allegations are a common occurrence.”

But the deeper issue is the basic bias in the data that depends on reports to the police.

“It is estimated that between 64% and 96% of victims do not report the crimes committed against them (Fisher et al., 2000; Perkins & Klaus, 1996), and a major reason for this is victims’ belief that his or her report will be met with suspicion or outright disbelief (Jordan, 2004).”

Most victims of sexual assault do not report the crime at all i.e. most victims aren’t even the data sets we are looking at. Assume for a moment that the lower bound of that figure (64%) is itself exaggerated (although why that would be the case I don’t know) and assume, to give David French an advantage, that 50% of actual sexual assaults go unreported and that half of the 44.9% figure were somehow actual FALSE allegations (again, very unlikely) that would make the proportion of false allegations compared with (actual assaults+false allegations) about 14% based on the 2010 study’s campus figure. It STILL, even with those overt biases included, points to false allegations being very unlikely.

It makes sense to believe. The assumption that rape in particular is likely to draw malicious allegations is a misogynistic assumption. That does not mean nobody has ever made a false claim of rape, it just means that we do not place the same burden of doubt on people when they claim to be robbed or mugged etc. People make mistakes and some people do sometimes maliciously accuse others of crimes but such behaviour is unusual and, if anything, it is particulalry unusual with sexual crimes where, in fact, the OPPOSITE is more likely to occur: the victim makes no allegation out of fear of the consequences and because of the trauma involved.

Somehow it is 2018 and we still have to say this.

*[I don’t want to ignore that men are also victims of sexual violence, perhaps at far greater rates than are currently quantified, but the specific issue here relates to a very gendered view of sex and sexual assault.]