# “But Some People Still Think That Men Cannot be Raped”: A Qualitative Study on Portuguese Judges’ Perceptions Regarding Rape Perpetrated by Women Against Adult Men

## TL;DR

This study explores how Portuguese judges perceive cases of sexual violence committed by women against men, revealing contradictions between gender stereotypes and legal ideals.

## Contribution

The study provides new qualitative insights into judicial perceptions of a rarely researched form of sexual violence.

## Key findings

- Judges' narratives often reflected gender stereotypes and male rape myths despite endorsing gender-neutral legal ideals.
- Gender and alcohol were central factors in how judges conceptualized non-consent and violence.
- Judges acknowledged stigma around male rape and the need for professional training to challenge biases.

## Abstract

The perceptions of judges regarding sexual violence perpetrated by women against men (SVWM) have not been approached widely in previous empirical research. This exploratory qualitative study aimed to provide a preliminary understanding of the perceptions of Portuguese judges regarding SVWM.

Eight Portuguese judges (men and women) were interviewed in 2020. Data was analyzed using framework analysis.

Gender and alcohol had central roles in judges’ accounts, as non-consent, motivations, risk, the impact of violence, and sexual scripts were mostly discussed with these two factors in mind. Narratives oscillated between gender-neutral reflections and depictions of gender stereotypes and male rape myths. Challenges and opportunities of the Justice System were discussed considering the stigma associated with SVWM, while judges’ accounts were shaped by their lack of direct experience with such cases.

Participants’ narratives reflected important contradictions between their adherence to some male rape myths and gender stereotypes and their endorsement of the ideal of a gender-neutral rape Law.

The results of this study implicate that the impact of gender-based perceptions and rape myths on rape-related attrition rates and sentencing in SVWM cases should be further explored in empirical research. Additionally, public policy efforts should be invested in evidence-based professional training for judges focused on challenging gender stereotypes and male-rape myths.