Project

You too? No way! Rape mythology applied to credibility assessments of applications based on sexual or gender-based violence in the European asylum procedure

Code
DOCT/005190
Duration
06 December 2021 → 20 September 2026 (Ongoing)
Doctoral researcher
Research disciplines
  • Social sciences
    • Human rights law
    • Other law and legal studies not elsewhere classified
  • Medical and health sciences
    • Other health sciences not elsewhere classified
Keywords
asylum sexual and gender-based violence rape myths
 
Project description

“... [T]he applicant is now [28] years old[,]... received a progressive education and clearly expressed her opposition  to  [female  genital  mutilation  (FGM)]. ... [she] cannot be considered a particularly  vulnerable young  woman ... [running] a real risk of being  re-excised if returned to Guinea.” With these words, the European Court of Human Rights judged a Guinean asylum seeker’s fear of sexual or gender-based persecution as not credible. The key reason for refusal of asylum applications based on sexual and gender-based violence (SGBV) is their non-credibility. These credibility assessments are often based on stereotypical, superficial, erroneous, or inappropriate perceptions of gender. In the criminal justice system, such perceptions have been conceptualised as ‘rape myths’: prejudicial, stereotyped or false beliefs about rape. The hypothesis that this phenomenon occurs across different social and institutional contexts raises the question: ‘Which insights can be drawn from applying the rape mythology concept to the context of credibility assessments of SGBV asylum applications in the European asylum procedure?’ (going beyond only ‘rape’ as a type of SGBV). In order to formulate an answer, this research adopts a mixed method approach, basing its data collection on 3 complementary resources: the existing literature (through a literature analysis), the asylum authorities (through a case law study and a self-reporting KAP survey) and the asylum seekers themselves (through qualitative interviews). This triangulation of input will not only innovatively expand the understanding of the asylum procedure and its challenges. It will also contribute to the further theorization of rape mythology and of new myths applying to new asylum-specific types of SGBV. This research is supervised by Prof. Dr. Ellen Desmet (promotor, Faculty of Law) and Prof. Dr. Ines Keygnaert (co-promotor, Faculty of Medicine) and funded by the Research Foundation – Flanders (FWO).