The Rape Case: Rape or Consensual Sex Report (Assessment)

The Cherly Moss rape case of November 2009 involved Moss, a 26 year old woman and a single mother of four children who reported of having been raped by a 19 year old man in Bournemouth along the St Peter’s road. She insisted that she had tried to stop the man who she identified as Devine. The investigation from the CCTV showed that the sex was consensual.

She later dropped the case and was subsequently charged with making false allegations of rape and was convicted in Bournemouth court to fifteen months of imprisonment. When giving the sentence on 6^th of August, 2010, Judge Wiggs Samuel claimed that the rape allegations Moss had made were very serious and that great quantity of police resources and time had been wasted in the investigation. Additionally, the allegations were likely to psychologically affect the man accused of the rape allegations.

Moss Cherly was portrayed in different pictures by the media and the society. She was presented as not only being promiscuous but having wasted state resources including $5,500 in form of taxpayers’ money and 180 hours of the police.

She was perceived as having been ashamed of having sex in the alley. The media presented her as an unemployed house cleaner, a single mother struggling to raise her four children. She was perceived as promiscuous that was portrayed by her drunkenness state and her alleged engagement through phone contacts with the man accused of the rape.

The media never showed coverage of the rape story, yet emphasis was given on the false allegations. The picture portrayed by the media through the age difference of Moss and the 19 year old soldier showed that she was looking for ways of earning income for her family and the general perception was that she initiated the sexual event. The tone presented during the case was that of despise and disgust.

The headlines claimed she had sex with other soldiers in the alley, thus depicting a picture of a prostitute. The representation went beyond expected societal norms that a prostitute can be raped as reported. Evidently, coverage was not offered to the case allegations and her first reporting showing that the media was not in agreement with her claims.

Power Influences on the Rape Case

Foucault (1997) perceives power as being everywhere and hence it can be within us.^[1] He further asserts that the concepts of a subject are created through power relations with the emphasis on human historical determinations which determine the acceptance of the legitimacy of power relations. The aspect of rape is perceived from different perspectives. Power is revealed in the Moss rape case from different perspectives.

First, initial reporting of the case was not given media coverage, but on the conviction of Moss for false allegations, massive media coverage was received with such heated headings as “woman jailed over false rape claim,” “UK mum of 4 Moss Cherly has alleyway sex with soldier, then cries rape,” “rape lie mother is caged,” and “warning after Bournemouth woman jailed for false rape” among others.

In this case, men are perceived to be in control of the sexual relations while women are perceived to be subjects thus limiting the emphasis on rape cases reported.

In the rape case, Moss was said to have initiated the sexual ordeal and that the act was consensual. Although not much was said of the CCTV video recording, the report was that Moss was a willing party to the sexual event (Marhia, 2008).^[2] This creates confusion on what type of sexual assault is reportable as rape since forced sex is perceived differently. As a result, although Moss claimed to have tried to make the accused stop the ordeal, she was perceived as willing to take part in the act.

While rape has been found to have psychological effects of trauma on women (Gill, 2007), the cross examination of the incidents eliminates the value of the victim.^[3]

In this case, no consideration was reported of the trauma that Moss could have undergone. In contrast, upon her conviction of false allegations, focus of the media was shifted to the trauma and extreme psychological effects on the accused soldier. The media said that the man must have been frightened of the claim. In fact, Judge Miggs said that the worse effect of the allegations of rape by Moss was on the accused man.

It is also argued that when women say no to sex, they do not really mean it; women who have had sex with other partners before are likely to have it with another one; women who are sexually promiscuous are likely to be untrustworthy regarding their rape allegations; women who are sexually promiscuous have less rights in choosing who to have sexual relations with; and women have the tendency of provoking men to sex hence should be blamed for rape.

It is also argued that rape is usually characterised by false allegations. All these assertions reveal the perceptions and the place of power in rape (Kelly, 2001).^[4] The police and law enforcement in rape reveal the element of power where Moss as a victim of rape was subjected to cross examinations.

This is done using the recordings of the CCTV cameras, with the police trying to ensure that she maintained her story before investigation. On conviction, the emphasis is on the wasted resources of police and time in investigation thus showing that the police never thought that there was any rape in the first place. Power is also revealed in this case by the media which tries to evade responsibility (Marhia, 2008).^[5]

Risk Issues in the Rape Case

Estrich (1987) asserts that the element of risk in rape is affected by factors arising from societal and cultural interpretations which differ from one context to another.^[6] However, she argues that the media displays risk in rape as an element of danger and fear that needs to be avoided.

Further, risks are also represented through the individual characteristics of the victim so as to determine if the victim was aware of the risk and if they could have avoided it. Kelly (2001) reports that the rape cases which receive convictions and much media coverage are those characterised by risks which include other forms of violence such as kidnapping, murder, many assailants as well as the involvement of weapons.^[7] This shows the reasons for the non-coverage of the rape case of Moss in the initial stages of investigation.

As represented in the case by the media, there is no element of risk that is identified that could be linked to the rape assertions. First, the young soldier is depicted as an innocent soldier in a training program and much younger than Moss. Additionally, Moss is represented to have been drunk and thus was responsible for her behaviour (Marhia, 2008).^[8]

Risk in this case is only perceived by the assertion that the accused man is at risk of being accused of a wrong he did not commit. Additionally, the stereotypes of rape in this case are included through the characteristics of the victim such as age, sexual behaviours, mode of dressing, relations with the perpetrator and the place of the offence (Gill, 2007).^[9]

In this case, the age of Moss depicted by the media creates a perception that she was not likely to be raped. The representation of Moss as a mother together with her drunken state and the fact that she was out at night contradicts the perceptions of society towards a mother character. This in turn elicits feelings that she was not at risk in the rape event.

Disciplinary Technologies involved in the Rape Case

According to Foucault (1997), discipline unlike punishment is meant for correct training through the control of behaviour.^[10] Disciplinary measures taken in rape cases differ depending on the judicial system but they are motivated by the media reporting.

The measures taken in rape, as most agencies focused on addressing rape assert, are supposed to stop the crime and help both the offender and the victim. In analysis of the rape case of Moss, the accused man was in fact not arrested but only examined. However, upon the dropping of the charges against him, Moss was arraigned in court and convicted.

The disciplinary measures in rape are presented as being frightening and causing distress. Although the discipline measures are supposed to help the offender, the rape allegations are represented as a consequence of the actions by Moss. The system of judgement also seeks to use the measure taken not as discipline per-se but more as punishment for the crime committed to avoid such events occurring in the future.

While the measure serves as punishment, the media presents it as a repercussion yet no concern is given for the trauma experienced by Moss. Further, the media tends to focus on the characteristics of the offender to gain the cause of his or her actions that are usually attributed to psychological problems which limit discipline to psychological interjections (Estrich, 1987).^[11] In the case of false rape allegations, this is not taken into consideration as revealed by the case of Moss.

Consent in the Rape Case

The issue of consent in sexual relations judgements has been perceived to be implied. Additionally, due to the influence of power for men in sexual relations, women are perceived as subjects whose consent need not be guaranteed. This has not only limited the reporting of crimes, but also shaped the societal attitudes towards rape and eventual punishment. The press displays the characteristics of the victim, the offender and the place of offence to limit the classifications of rape.

In the rape case of Moss, the consent of Moss to the sexual ordeal is judged through the CCTV video camera together with other issues raised by the media such as the initialization of the conversation with the soldier that perceives her willingness to have sex with him. Additionally, the fact that she gave out her phone number further strengthens the media’s perception that she was willing to meet him again and that she consented to the act.

This perception is just limited by the prior misjudgement of the case. Additionally, consent is perceived as implied. The indication of the characteristic of Moss as being a mother of four children raises the opinion that Moss was more likely to lie about rape because she had had prior sexual relations with other men (Kelly, 2001).^[12] Her single motherhood further raises the perception that single mothers are viewed by society as being promiscuous and that their consent to a sexual relation is not necessary.

Scripts of the Rape Case

The scripts prepared by the press on rape reveal their opinions and views towards rape cases. Marhia (2008) argues that the reporting of rape cases in the United Kingdom is guided by the code of conduct and ethical guidelines with further guidance of the press complaints commission although guidelines are not specified as to the rape reporting.^[13] Rape cases are usually judged as criminal and do not receive as much compensation hence are not attractive to news journalists.

The recording of the Moss case reveals that the initial rape case as reported by Moss was not reported or even followed up by the media to establish the truth. Reliance is based on the report of the police that the case was later dropped. Contrary to this, there is massive media coverage of the proceedings of the false rape allegations with much heated debate on the same. The recordings represent a single woman with four children who is claimed to have wasted the state resources and caused distress to the accused man.

The scripts of rape do not focus on the element of rape, but on the injustice that is perceived to have been done on the accused man. The articles just follow on depth analysis of Moss to justify and further support the fact that she was guilty. While Moss weeps as she seeks forgiveness from Devine for false allegations, this only shows the shift in the societal concern to protecting the offenders from such allegations.

Reference List

Estrich, S., 1987. Real rape: How the legal system victimizes women who say no. Boston: Harvard University Press.

Foucault, M., 1997. The Essential Works 1954-1984, Vol. III. New York: The New Press.

Gill, R., 2007. Gender and the Media. Cambridge: Polity Press.

Kelly, L., 2001. Routes to Injustice: A Research Review on the Reporting, Investigation and Prosecution of Rape Cases. London: John Wiley Publications.

Marhia, N., 2008. Just Representation? Press Reporting and Reality of Rape: The Lilith Project. Web.

Footnotes

1. Foucault, M., 1997. The Essential Works 1954-1984, Vol. III. New York: The New Press.
2. Marhia, N., 2008. Just Representation? Press Reporting and Reality of Rape: The Lilith Project.
3. Gill, R., 2007. Gender and the Media. Cambridge: Polity Press.
4. Kelly, L., 2001. Routes to Injustice: A Research Review on the Reporting, Investigation and Prosecution of Rape Cases. London: John Wiley Publications.
5. Marhia, N., 2008. Just Representation? Press Reporting and Reality of Rape: The Lilith Project.
6. Estrich, S., 1987. Real rape: How the legal system victimizes women who say no. Boston: Harvard University Press.
7. Kelly, L., 2001. Routes to Injustice: A Research Review on the Reporting, Investigation and Prosecution of Rape Cases. London: John Wiley Publications.
8. Marhia, N., 2008. Just Representation? Press Reporting and Reality of Rape: The Lilith Project.
9. Gill, R., 2007. Gender and the Media. Cambridge: Polity Press.
10. Foucault, M., 1997. The Essential Works 1954-1984, Vol. III. New York: The New Press.
11. Estrich, S., 1987. Real rape: How the legal system victimizes women who say no. Boston: Harvard University Press.
12. Kelly, L., 2001. Routes to Injustice: A Research Review on the Reporting, Investigation and Prosecution of Rape Cases. London: John Wiley Publications.
13. Marhia, N., 2008. Just Representation? Press Reporting and Reality of Rape: The Lilith Project.