Two studies addressed the impact of rape schemata on judgements about rape cases. In Study 1, 286 undergraduate students rated perpetrator and victim blame for five rape scenarios and completed the Perceived Causes of Rape Scale. Most blame was assigned to victims of an ex-partner rape, followed by acquaintance and stranger rape. Least blame was assigned to perpetrators of ex-partner rapes, followed by acquaintance and stranger rapes. Female precipitation beliefs increased victim blame and reduced perpetrator blame. In Study 2, 158 students rated rape scenarios that varied in victim perpetrator relationship and coercive strategy and completed a measure of Female Precipitation Beliefs. Half expected to be held accountable for their judgements. The perpetrator was held less liable and the victim blamed more when the perpetrator exploited the victim's incapacitated state versus using physical force. Accountability instruction reduced the impact of female precipitation beliefs on perceived perpetrator liability and victim blame.
This is the unspecified version of the paper.This version of the publication may differ from the final published version. Germany. In Study 1, 451 undergraduate law students rated rape scenarios varying with respect to defendant-complainant relationship and coercive strategy (force versus exploitation of the complainant's alcohol-induced defenselessness). Acceptance of rape myths was also measured. Permanent repository linkLikelihood of defendant liability was rated to be lower when there was a prior relationship between the parties and when the defendant exploited the complainant's defenselessness as compared to when he used force (except in the ex-partner rapes where blame was higher in the alcohol-related than in the force-related cases). Complainant blame was higher when there was a prior relationship between the parties and was higher in the alcohol-related cases than in the force-related cases, except in the ex-partner rape where the pattern was reversed. Participants with high rape myth acceptance held the defendant less liable and blamed the complainant more, especially when the two had known each other. Study 2 largely replicated these findings with 129 postgraduate trainee lawyers and showed that sentencing recommendations also varied as a function of defendant-complainant relationship and coercive strategy. Providing participants with the legal definition of rape did not reduce reliance on rape-stereotypes. there is a consensus among practitioners and researchers that stereotypical conceptions of rape shared by the public and members of the criminal justice system play an important role in this problem (Temkin & Krahé, 2008). These include the belief that women often precipitate rape through their own behavior or appearance and that accusations of rape made against a former sexual partner are likely to be fabricated (see Temkin & Krahé, 2008, Chapter 2, for a review).Despite the fact that legal decision-making is normatively defined as data-driven, i.e.relying exclusively on the facts and the evidence, there is plenty of scope for schematic conceptions about rape rooted in rape myths to infiltrate. In common law systems, a familiar strategy adopted by the defence at trial is to seek to undermine the complainant's credibility in the eyes of the jury by casting doubt on her truthfulness and reputation, e.g., by questions about Prospective Lawyers' Rape Stereotypes 4 her lifestyle and sexual conduct. This strategy is rooted in widely shared beliefs that "real rape"is an attack by a stranger on an unsuspecting victim who is overcome by force (Stewart, Dobbin, & Gatowski, 1996), and also in gender stereotypes delineating what is fit and proper behavior for women (Krahé, 1988). If such stereotypic beliefs are endorsed by legal professionals, this may assist in undermining the position of the victim in the criminal justice system and may be a causal factor underlying the high attrition rates in rape cases (Brown, Hamilton, & O'Neill, 2007). Lawyers' rape-related stereotypes also matter in countries that do n...
This study examines rape myth use in eight English rape trials and assesses attempts by trial participants to combat it. Trial notes, based on observations, were analyzed using thematic analysis. Rape myths were used in three identifiable ways: to distance the case from the "real rape" stereotype, to discredit the complainant, and to emphasize the aspects of the case that were consistent with rape myths. Prosecution challenges to the myths were few, and judges rarely countered the rape myths. This study provides new insights by demonstrating the ways that rape myths are utilized to manipulate jurors' interpretations of the evidence.
This article discusses the findings of a qualitative study (part of a larger study into rape and criminal justice) which involved in-depth interviews with a sample of ten highly experienced barristers who between them had prosecuted and defended in hundreds of rape trials. It is concerned with the barristers' perceptions of the problems involved in prosecuting rape and the strategies deployed in defending rape cases. The article discusses the ethics of advocacy in the context of rape trials and argues that within the adversarial system there are ethical limits which should be observed.In the 1970s, considerable concern began to be expressed about the conduct of rape trials and the treatment of complainants in court. 1 This has continued unabated despite the legislative steps which have been taken in the last three decades in an attempt to improve the situation. 2 There has, in particular, been continuing criticism of the way barristers prosecute and defend in rape trials and the failure of judges sufficiently to control defence excesses. 3 However, research into rape trials has not, for the most part, attempted to gauge the attitudes and practice of barristers from barristers themselves. 4
In the 1980s, in response to public criticism of police handling of rape cases, changes of style and procedure were initiated by the Metropolitan Police. Other forces followed suit. But there has been little research to monitor the impact of the new regimes. This article looks at the responses of a group of women who reported rape in 3 Area (North East) of the Metropolitan Police District during the years 1993 to 1995 with a view to ascertaining their reactions to police processes and to gauging those aspects of their contact with the police which they regarded as particularly positive or negative. The article suggests that, given the vast increase since the 1980s in the number of rapes being reported annually, particularly in the Metropolitan Police District, a fresh look may need to be given to current police systems.
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