Identifying Absences: Gender and the (Under)Reporting of Sexual Abuse in Protection Order Filings

• In Event: Research on Gender Violence

Abstract

According to the Centers for Disease Control, lifetime rates of rape by an intimate partner are nearly 10% for American women; 16.9% of women and 8% of men will experience some form of sexual violence other than rape by an intimate partner (Black et al, 2011). Rape is one of the most underreported crimes in the United States; victims of sexual assault anticipate negative reactions if they disclose their abuse (Jordan, 2004).

This study analyzes disclosures of sexual intimate partner violence (IPV) in civil protection order filings. An analysis of 1,291 protection order petitions indicates that only 5% of women and .5% of men refer to sexual violence in their petitions, fewer than one would expect given rates of sexual IPV. Furthermore, there are important differences in the ways in which plaintiffs describe the sexual IPV as compared to other forms of IPV. Finally, the gender of the plaintiff and the defendant impacts the narratives about sexual IPV included in petitions. These findings are discussed in the context of broader societal narratives about sexual violence. The results also have important implications for legal practice and policy.

Author

• Alesha Durfee, Arizona State University