Different Functions of Rape Myth Use in Court: Findings From a Trial Observation Study

Temkin, Jennifer; Gray, Jacqueline M.; Barrett, Jastine C.

doi:10.1177/1557085116661627

Cited by 77 publications

(64 citation statements)

References 26 publications

Supporting

Mentioning

Contrasting

Unclassified

Order By: Relevance

“…Advanced law students and probationary lawyers evaluate rape complainants who do not match the rape victim stereotype more negatively (e.g., Krahé, Temkin, Bieneck & Berger, 2008;. Barristers and judges are influenced by the rape victim stereotype and rape myths in their court practice (e.g., Feldman-Summers & Palmer, 1980;Gray & Horvath, 2018;Sleath & Bull, 2015;Temkin, 2000;Temkin, Gray & Barrett, 2018). Time spent as a police officer, or investigating sexual assault, does not consistently improve judgments of rape complainants including credibility (Goodman-Delahunty & Graham, 2011;Sleath & Bull, 2012;Wentz & Archbold, 2012cf.…”

Section: Sample Typementioning

confidence: 99%

A meta-analysis of the emotional victim effect for female adult rape complainants: Does complainant distress influence credibility?

Nitschke¹,

McKimmie²,

Vanman³

2019

Preprint

View full text Add to dashboard Cite

Rape cases have a disproportionately high attrition rate and low conviction rate compared to other criminal offenses. Evaluations of a rape complainant's credibility often determine whether a case progresses through the criminal justice system. Even though emotional demeanor is not related to witness honesty or accuracy, distressed rape complainants are perceived to be more credible than complainants who present with controlled affect. To understand the extent and robustness of the influence of emotional demeanor on credibility judgments of female adult rape complainants, we conducted a systematic review, metaanalysis and p-curve analysis of the experimental simulated decision-making literature on the influence of complainant emotional demeanor on complainant credibility. The meta-analysis included 20 studies with participants who were criminal justice professionals (e.g., police officers and judges), community members, and mock jurors (N = 3128). Results suggest that distressed demeanor significantly increased perceptions of complainant credibility, with a small to moderate effect size estimate. Importantly, the results of p-curve analysis suggest that reporting bias is not a likely explanation for the effect of emotional demeanor on rape complainant credibility. Sample type (whether perceivers were criminal justice professionals or prospective jurors) and stimulus modality (whether perceivers read about or watched the complainant recount the alleged rape) were not found to moderate the effect size estimate.These results suggest that effective methods of reducing reliance on emotional demeanor to make credibility judgments about rape complainants should be investigated to make credibility assessments fairer and more accurate.Public significance statement: This meta-analysis indicates that rape complainants with distressed emotional demeanor are perceived as more credible than their emotionally controlled counterparts. As emotional demeanor is not a reliable indicator of honesty, and

show abstract

Section: Sample Typementioning

confidence: 99%

A meta-analysis of the emotional victim effect for female adult rape complainants: Does complainant distress influence credibility?

Nitschke¹,

McKimmie²,

Vanman³

2019

Preprint

View full text Add to dashboard Cite

show abstract

“…Although scholarly publications have been critical of how international criminal law institutions include/exclude conflict‐related sexual violence and how victim witnesses are treated in proceedings (see below), there has, as Engle () contends, been little reflection on the rise and role of criminal law itself in the fight against conflict‐related sexual violence. In domestic debates on criminal prosecution of sexual violence, critique of so‐called carceral feminism is more prominent, including voices that challenge the procedural practices of legal institutions (e.g., Matoesian ; Temkin et al ), but also their dominance and existence as such. Critical to how criminal law is considered “one of feminism's greatest successes” (Gruber : 583) and the new tough‐on‐crime frame feminist advocacy has contributed to, scholars warn about feminist scholarship and advocacy's “political investment in the contemporary security state” (Bernstein : 254).…”

Section: Current Debatesmentioning

confidence: 99%

End Impunity! Reducing Conflict-Related Sexual Violence to a Problem of Law

Houge

Lohne²

2017

Law Soc Rev

View full text Add to dashboard Cite

Whilst sexual violence has been an offence associated both with war‐ and peacetime throughout history, its rise to the tables where international peace and security are negotiated, represents a significant shift. This article continues the scholarly conversation about conflict‐related sexual violence and its emergence as a “hot topic” on academic, political, and activist agendas. Specifically, we ask how and why criminal law constitutes the ultimately meaningful response to such violence. Building on frame analysis, we address how the fight against conflict‐related sexual violence has become the fight against impunity. We examine what imageries of victims and perpetrators, causes and consequences key actors within interstate diplomacy and human rights advocacy evoke to drive this development. We argue that these narratives shape the political discourse on conflict‐related sexual violence, which may in turn influence the perceived political maneuverability in the face of such harms.

show abstract

“…In the context of rape, such convictions are known as 'real rape' stereotypes or 'rape myths' (Brownmiller 1975, Bumiller 1990, Burt and Hendrick 1980, Estrich 1987. The aforementioned stereotypes are found to influence how courts perceive allegations of violence, both with regards to conviction rates and grading of sentences with regards to gender and sexuality (Bumiller 2008, Ehrlich 2001, Lees 2002, Razack 1998, Temkin 2000, Temkin, Gray, and Barrett 2016.…”

Section: Legal Processing Of Rapementioning

confidence: 99%

The legal grading of sexual citizenship: sentencing practices in Norwegian rape cases

Bitsch

Klemetsen

2017

Gender, Place & Culture

View full text Add to dashboard Cite

This article maps and discusses the legal processing of rape cases in Norwegian appellate courts. Drawing on data from a multivariate regression analysis and a qualitative frame analysis, we examine the significance of space, accuser-convict prior relationship, the social context, accuser-convict marital relationship status, and convict racial background for grading of sentences in rape cases. The dataset consists of 176 rape cases that were processed in 2011 and 2012. Excluding acquittals and controlling for the application of relevant legal provisions (i.e. §), we find that sentences are reduced by 30 percent if the rape occurs in a private space as opposed to a public space. If the rape occurs at a party or is committed by a perpetrator who is a member of a racial majority, we find that sentences are reduced by 20 percent. A prior relationship between the victim and the perpetrator 3 reduces sentencing by 18 percent. Results regarding victims of marital rape are inconclusive. The study concludes that sentencing is stratified according to the public/private divide, prior relationship, social context and race. Despite progress made on behalf of victims of domestic violence and a gradual implementation of stricter sentencing in line with legislative intentions, the legal processing of rape cases is permeated by race and gender discrimination.

show abstract

Different Functions of Rape Myth Use in Court: Findings From a Trial Observation Study

Cited by 77 publications

References 26 publications

A meta-analysis of the emotional victim effect for female adult rape complainants: Does complainant distress influence credibility?

A meta-analysis of the emotional victim effect for female adult rape complainants: Does complainant distress influence credibility?

End Impunity! Reducing Conflict-Related Sexual Violence to a Problem of Law

The legal grading of sexual citizenship: sentencing practices in Norwegian rape cases

Contact Info

Product

Resources

About