False Rape Allegation and Regret: A Theoretical Model Based on Cognitive Dissonance

Abstract

The aim of this paper is to provide a model illustrating how regretful consensual intercourse may lead to false rape allegations (FRA). An intrapersonal perspective of regret based on cognitive dissonance is added to the interpersonal factors already mentioned in the literature. The intrapersonal perspective is discussed in terms of the reduction of a state of cognitive dissonance induced by the gap between social norms and the shamefully perceived behavior. First, we start with the review of the different motives that may lead to a FRA, insisting on regret caused by cognitive dissonance. We then develop the emergence of regret from a state of cognitive dissonance. Second, we describe the means used to build the model: a literature review, an extraction of the factors at play in regret-based FRA, a chronological structure of the various factors, as some are necessarily the source of others. We then build the model. Third, we illustrate how the model could encompass many possible and usual scenarios. Thirteen plausible scenarios were developed to show the relevance of the model. Finally, we comment and discuss the model for future research and prevention.

Appendices

Appendix 1

Generative Act

E. A. has just divorced. Without children, he/she decided to move. Newly settled in a southern city, he/she decided to rebuild his/her life and make new friends and potentially new encounters. Following a party in town, E. A. was escorted to his/her apartment by a man met in a bar. They discussed and exchanged their point of view on various topics. They found common points, laughed a lot, talked about their respective passions, and his/her recent divorce. After an hour, the man started to get closer to him/her. He/she found the man charming, cultivated, and very pleasant. However, he/she felt no particular sexual attraction toward him. As he came closer to him/her, E. A. kept enjoying his presence, but gave no particular sign of sexual desire. As he made a move on him/her, he/she did not push him back and consented to a sexual relationship that he/she regretted (phase of awakening of the cognitive dissonance). He/she realizes that he/she would have preferred not to have intimate intercourse with him.

Appendix 2

Scenarios of False Allegation by Misunderstanding

Scenario 1

(After the generative act) E. A., despite the fact that he/she never explicitly disagreed with the sexual encounter, considers that he/she was sexually abused. He/she begins to think that this man should have considered him/her not wanting to have sex because of his/her immediate history. “Although I did not push him away, he should have seen that I did not want to,” he/she thinks. “He should have known that someone in my current affective situation does not want sexual intercourse! I really feel violated.” [Victim Understands: No].

Isolated, jobless and without friends in this southern city he/she does not know, he/she has no one to confide to [Social Environment: No]. He/she decides to report to the police that he/she has been sexually assaulted [False Allegation by Misunderstanding].

Scenario 2

(After the generative act) E. A., despite the fact that he/she never explicitly disagreed with the sexual encounter, considers that he/she was sexually abused. He/she begins to think that this man should have thought that he/she did not want to have sex because of his/her immediate history. “Although I did not push him away, he should have seen that I did not want to,” he/she thinks. “He should have known that someone in my current affective situation does not want sexual intercourse! I really feel violated.” [Victim Understands: No].

The next day, he/she goes to a park where he/she chats regularly with a woman, Mrs. M. P., with whom he/she gets along well [Social Environment: Yes]. E. A. is embarrassed to tell what happened the night before. He/she decides not to tell Mrs. M. P. about his/her sexual encounter, as it does not concern her. Mrs. M. P. does not notice anything unusual [Regret Recounted to or Noticed: No]. After an hour, they separate. E. A. takes the road to his/her apartment, but on the way he/she decides to report to the police that he/she has been sexually assaulted [False Allegation by Misunderstanding].

Scenario 3

(After the generative act) E. A., despite the fact that he/she never explicitly disagreed with the sexual encounter, considers that he/she was sexually abused. He/she begins to think that this man should have thought that he/she did not want to have sex because of his/her immediate history. “Although I did not push him away, he should have seen that I did not want to,” he/she thinks. “He should have known that someone in my current affective situation does not want sexual intercourse! I really feel violated.” [Victim Understands: No].

The next day, he/she goes to a park where he/she talks regularly with a woman, Mrs. M. P. with whom he/she gets along well [Social Environment: Yes]. However, E. A. is embarrassed to tell what happened to him/her. He/she decides not to tell Mrs. M. P. about his/her sexual encounter, as it does not concern her. But, Mrs. M. P. notices that something is off, that E. A. seems upset and worried, tense, stressed. Although she knows what E. A. has lived (divorce, geographical move, no family, etc.), his/her attitude raises questions. She then asks E. A. what’s wrong [Negative Feelings Recounted To or Noticed: Yes]. E. A. then decides to tell Mrs. M. P. everything. He/she tells her the story of the encounter, their discussion at his/her apartment, the fact that he/she did not want to have sex with this man but he/she did not express it clearly, his/her regret, etc.

Mrs. M. P. agrees with the statement of E. A., supporting him/her in asserting that he/she was abused [Environment Understands: No]. After an hour, they separate. E. A. then decides, after having his/her reasoning reinforced by this person, to go to the police to report that he/she has been sexually assaulted [False Allegation by Misunderstanding].

Scenario 4

(After the generative act) E. A., despite the fact that he/she never explicitly disagreed with the sexual encounter, considers that he/she was sexually abused. He/she begins to think that this man should have thought that he/she did not want to have sex because of his/her immediate history. “Although I did not push him away, he should have seen that I did not want to,” he/she thinks. “He should have known that someone in my current affective situation does not want sexual intercourse! I really feel violated.” [Victim Understands: No].

The next day, he/she goes to a park where he/she talks regularly with a woman, Mrs. M. P. with whom he/she gets along well. However, E. A. is embarrassed to tell what happened to him/her [Social Environment: Yes]. He/she decides not to tell Mrs. M.P. about his/her sexual encounter, as it does not concern her. But, Mrs. M. P. notices that something is off, that E. A. seems upset and worried, tense, stressed. Although she knows what E. A. has lived (divorce, geographical move, no family, etc.), his/her attitude raises questions. She then asks E. A. what’s wrong [Negative Feelings Recounted To or Noticed: Yes]. E. A. then decides to tell Mrs. M. P. everything. He/she tells her the story of the encounter, their discussion at his/her apartment, the fact that he/she did not want to have sex with this man but he/she did not express it clearly, his/her regret, etc.

Mrs. M. P., however, wonders the interpretation of the situation by E. A.: according to her point of view, E. A. was not abused. He/she did not make this man understand that he/she did not want to have sexual intercourse with him [Environment Understands: Yes]. But Mrs. M. P. does not try to convince him/her as she does not want to start a conflict. They separate after a few minutes [Pressure to Relabel: No]. E. A. then decides, as he/she has not been confronted with a counter argumentation, to go to the police to report that he/she has been sexually assaulted [False Allegation by Misunderstanding].

Scenario 5

(After the generative act) E. A., despite the fact that he/she never explicitly disagreed with the sexual encounter, considers that he/she was sexually abused. He/she begins to think that this man should have thought that he/she did not want to have sex because of his/her immediate history. “Although I did not push him away, he should have seen that I did not want to,” he/she thinks. “He should have known that someone in my current affective situation does not want sexual intercourse! I really feel violated.” [Victim Understands: No].

The next day, he/she goes to a park where he/she talks regularly with a woman, Mrs. M. P. with whom he/she gets along well. However, E. A. is embarrassed to tell what happened to him/her [Social Environment: Yes]. He/she decides not to tell Mrs. M. P. about his/her sexual encounter, as it does not concern her. But, Mrs. M. P. notices that something is off, that E. A. seems upset and worried, tense, stressed. Although she knows what E. A. has lived (divorce, geographical move, no family, etc.), his/her attitude raises questions. She then asks E. A. what’s wrong [Negative Feelings Recounted To or Noticed: Yes]. E. A. then decides to tell Mrs. M. P. everything. He/she tells her the story of the encounter, their discussion at his/her apartment, the fact that he/she did not want to have sex with this man but he/she did not express it clearly, his/her regret, etc.

Mrs. M. P., however, wonders about the interpretation of the situation by E. A.: according to her point of view, E. A. was not abused. He/she did not make this man understand that he/she did not want to have sexual intercourse with him [Environment Understands: Yes]. Mrs. M. P. tries to convince him/her of the opposite, insisting that rape is characterized by an explicit absence of consent [Pressure to Relabel: Yes]. E. A. is not convinced by these arguments and defends his/her point of view [Courage: Yes]. They separate after a few minutes. This discussion has confused E. A. [Increase in Cognitive Dissonance], but he/she decides, despite the arguments previously developed by his/her interlocutor, to report to the police that he/she has been sexually assaulted [False Allegation by Misunderstanding].

Appendix 3

Scenarios of False Allegation Due to Cognitive Dissonance

False Allegations Due to Internal Pressure

Scenario 6

(After the generative act) E. A. knows he/she was not abused [Victim Understands: Yes], but what happened obsesses him/her. He/she does not accept this sexual relationship and wonders at length why he/she did not reject this man more explicitly. This search for explanations does not diminish his/her regret [Rationalization: No]. This feeling obsesses him/her but he/she has no one to confide as he/she is isolated, unemployed and without friends in this southern city that he/she does not know [Social Environment: No]. The pressure created by the gap between what he/she did and the way he/she perceives himself/herself becomes unbearable. He/she decides to go to the police to report a sexual assault, which will reduce his/her cognitive dissonance. [False Allegation due to Internal Pressure].

Scenario 7

(After the generative act) E. A. knows he/she was not abused [Victim Understands: Yes], but what happened obsesses him/her. He/she does not accept this sexual relationship and wonders at length why he/she did not reject this man more explicitly. This search for explanations does not diminish his/her regret [Rationalization: No]. This feeling obsesses him/her.

The next day, he/she goes to a park where he/she chats regularly with a woman, Mrs. M. P. with whom he/she gets along well [Social Environment: Yes]. E. A. is embarrassed to tell what happened the night before. He/she decides not to tell Mrs. M. P. about his/her sexual encounter, as it does not concern her. Mrs. M. P. does not notice anything unusual [Regret Recounted to or Noticed: No]. After an hour, they separate.

E. A. takes the road to his/her apartment. However, on the way, the pressure generated by the gap between what happened the night before and the way he/she perceives himself/herself becomes unbearable. He/she decides to go to the police to report that he/she has been sexually assaulted, which will reduce his/her cognitive dissonance. [False Allegation due to Internal Pressure].

Scenario 8

(After the generative act) E. A. knows he/she was not abused [Victim Understands: Yes], but what happened obsesses him/her. He/she does not accept this sexual relationship and wonders at length why he/she did not reject this man more explicitly. This search for explanations does not diminish his/her regret [Rationalization: No]. This feeling obsesses him/her.

The next day, he/she goes to a park where he/she talks regularly with a woman, Mrs. M. P. with whom he/she gets along well [Social Environment: Yes]. However, E. A. is embarrassed to tell what happened to him/her. He/she decides not to tell Mrs. M. P. about her sexual encounter, as it does not concern her. But, Mrs. M. P. notices that something is off, that E. A. seems upset and worried, tense, stressed. Although she knows what E. A. has lived (divorce, geographical move, no family, etc.), his/her attitude raises questions. She then asks him/her what’s wrong [Negative Feelings Recounted To or Noticed: Yes]. E. A. then decides to tell Mrs. M. P. everything. He/she tells her the story of the encounter, their discussion at his/her apartment, the fact that he/she did not want to have sex with this man but he/she did not express it clearly, his/her regret, etc. He/she also explains that according to him/her, this is not a rape.

Mrs. M. P., however, questions the interpretation of the situation by E. A.: according to her point of view, E. A. was abused [Environment Understands: No]. E. A. does not share this point of view. Mrs. M. P. does not try to convince him/her otherwise, not wanting to worsen the situation [Pressure to Relabel: No]. They separate after a few minutes.

E. A. takes the road to his/her apartment. However, on the way, the pressure generated by the gap between what happened the night before and the way he/she perceives him/herself becomes unbearable. He/she decides to go report to the police that he/she has been sexually assaulted, which will help reduce the cognitive dissonance. [False Allegation due to Internal Pressure].

False Allegation Due to External Pressure

Scenario 9

(After the generative act) E. A. knows he/she was not abused [Victim Understands: Yes], but what happened obsesses him/her. He/she does not assume this sexual relationship and wonders at length why he/she did not reject this man more explicitly. This search for explanations does not diminish his/her regret [Rationalization: No]. This feeling obsesses him/her.

The next day, he/she goes to a park where he/she talks regularly with a woman, Mrs. M. P. with whom he/she gets along well [Social Environment: Yes]. However, E. A. is embarrassed to tell what happened to him/her. He/she decides not to tell Mrs. M. P. about his/her sexual encounter, as it does not concern her. But, Mrs. M. P. notices that something is off, that E. A. seems upset and worried, tense, stressed. Although she knows what E. A. has lived (divorce, geographical move, no family, etc.), his/her attitude raises questions. She then asks him/her what’s wrong [Negative Feelings Recounted To or Noticed: Yes]. E. A. then decides to tell Mrs. M. P. everything. He/she tells her the story of the encounter, their discussion at his/her apartment, the fact that he/she did not want to have sex with this man but he/she did not express it clearly, his/her regret, etc. He/she also explains that according to him/her, this is not a rape.

Mrs. M. P. listens attentively but has a contrary interpretation of E. A. According to Mrs. M. P., E. A. was raped because the man took advantage of his/her momentary weakness by using different artifices of seduction. And she insists that it was not up to E. A. to declare his/her opposition, but for him to infer or even to ask [Environment Understands: No]. Mrs. M. P. then pushes E. A. to reconsider his/her position and admit that he/she has been raped [Pressure to Relabel: Yes]. This confuses E. A. [Increase in Cognitive Dissonance]. E. A. is not initially convinced by this person’s arguments because even though he/she did not want sexual intercourse, he/she never refused or explicitly told his/her partner to stop. However, Mrs. M. P. convinces E. A. to file a complaint and will even accompany him/her to support him/her in his/her testimony [Courage: No]; [False Allegation due to External Pressure].

Appendix 4

No False Allegation Scenarios

Scenario 10

(After the generative act) E. A., despite the fact that he/she never explicitly disagreed, considers that he/she was sexually abused. “Although I did not push him away, he should have seen that I did not want to,” he/she thinks. “He should have known that someone in my current affective situation cannot does not want intercourse! I really feel violated.” [Victim Understands: No].

The next day, he/she goes to a park where he/she talks regularly with a woman, Mrs. M. P. with whom he/she gets along well. However, E. A. is embarrassed to tell what happened to him/her [Social Environment: Yes]. He/she decides not to tell Mrs. M. P. about his/her sexual encounter, as it does not concern her. But, Mrs. M. P. notices that something is off, that E. A. seems upset and worried, tense, stressed. Although she knows what E. A. has lived (divorce, geographical move, no family, etc.), his/her attitude raises questions. She then asks him/her what’s wrong [Negative Feelings Recounted To or Noticed: Yes]. E. A. then decides to tell Mrs. M. P. everything. He/she tells her the story of the encounter, their discussion at his/her apartment, the fact that he/she did not want to have sex with this man but he/she did not express it clearly, his/her regret, etc.

From the information provided, Mrs. M. P. understands that E. A. was not sexually assaulted [Social Environment Understands: Yes]. A lively discussion ensues in which Mrs. M. P. argues that a consented but unwanted relationship cannot constitute a rape [Pressure to Relabel: Yes]. E. A. finally agrees with Mrs. M. P.’s arguments and decides to not file a complaint [Courage: No]. He/she leaves a few minutes later. His/her level of cognitive dissonance becomes high because no element allowed him/her to rationalize at this stage of the process. This unpleasant feeling will last for a long time [No False Allegation].

Scenario 11

(After the generative act) E. A. knows he/she was not abused [Victim Understands: Yes]. He/she thinks about the flirtation with the man and believes that he/she should have, at some moment, clearly expressed his/her current sentimental difficulties, that he/she did not feel ready to go beyond the game of seduction. At the same time, he/she is aware that he/she cannot accuse this man of sexual violence because that was not the case. He/she believes that he/she should have been more explicit, and decides to accept his/her behavior while promising to learn to say no if something displeases him/her, even if it should lead to a quarrel or a tension with others [Rationalization: Yes]; [No False Allegation].

Scenario 12

(After the generative act) E. A. knows he/she was not abused [Victim Understands: Yes]. He/she thinks about the flirtation with the man and believes that he/she should have, at some moment, clearly expressed his/her current sentimental difficulties, that he/she did not feel ready to go beyond the game of seduction. However, this quest for explanations does not diminish his/her regret [Rationalization: No]. This feeling obsesses him/her.

The next day, he/she goes to a park where he/she chats regularly with a woman, Mrs. M. P. with whom he/she gets along well to tell her what happened the night before [Social Environment: Yes]; [Regret Recounted To: Yes]. He/she tells her the story of the meeting, their discussion at his/her apartment, the fact that he/she did not want to have sex with this man but he/she did not express it clearly. He/she finally recounts how he/she regrets the whole event.

From the information provided, Mrs. M. P. understands that E. A. was not sexually assaulted [Social Environment Understands: Yes]. Both Mrs. M. P. and E. A. agree on the fact that the latter was not raped. The discussion continues for many minutes, during which E. A. continues to speak of his/her regret. The discussion ends, but E. A.’s level of cognitive dissonance remains high because he/she cannot find any kind of rationalization regarding his/her act. Although he/she knows that he/she was not raped, the unpleasant dissonant feeling will last for long [No False Allegation].

Scenario 13

(After the generative act) E. A. knows he/she was not abused [Victim Understands: Yes]. However, he/she does not accept this sexual relationship and wonders at length why he/she did not reject this man more explicitly. This search for explanation does not diminish his/her regret [Rationalization: No]. This feeling obsesses him/her.

The next day, he/she goes to a park where he/she chats regularly with a woman, Mrs. M. P., with whom he/she gets along well to tell her what happened the night before [Social Environment: Yes]; [Regret Recounted To: Yes]. He/she tells her the story of the meeting, their discussion at his/her apartment, the fact that he/she did not want to have sex with this man but that he/she did not express it clearly. He/she finally recounts how he/she regrets the whole event.

Mrs. M. P. listens attentively but has a contrary interpretation of E. A. For her, E. A. was raped because the man took advantage of his/her momentary weakness by using different artifices of seduction. He/she insists that it was not up to E. A. to declare his/her opposition, but to him to infer or to ask [Social Environment Understands: No]. Mrs. M. P. then pushes E. A. to reconsider his/her position and admit that he/she was raped [Pressure: Yes]. E. A. is not at all convinced by these arguments and remains—reluctantly—on his/her original position: he/she was not raped, and even if he/she did not desire this sexual encounter, he/she never rebuffed or asked explicitly the man to stop [Courage: Yes]; [No False Allegation].