Perceptions of Sexual Assault: Effects of Victim Physiological Arousal and Victim Gender on Jurors’ Decisions

Abstract

Limited research has assessed juror decision making in cases of female perpetrated sexual assault and the role played by factors such as the victim’s gender, physiological arousal, and participant’s gender in the decision making process. Participants (n = 215) were presented with one of four trial vignettes that varied the perpetrator and victim’s gender and victim’s physiological arousal. The impact of these variables was examined on guilty verdicts rendered, credibility, and blameworthiness of the victim and accused. Results demonstrate that the male victim was blamed more than the female victim. Further, male participants viewed the male victim to be less credible than the female victim. Lastly, male participants viewed the accused to be more credible when the victim was depicted as a male with signs of physiological arousal. The results reveal the disadvantages a male victim of female perpetrated sexual assault may face if he pursues his sexual assault at trial. Keywords: sexual assault, rape myths, juror bias, gender, physiological arousal

Measuring Rape Myth Acceptance in Sweden: Psychometric Properties of a Swedish Translation of The Acceptance of Modern Myths About Sexual Aggression Scale

“…These findings match previous research which has consistently found male participants to indicate higher endorsement of rape myths (e.g. Davies et al, 2012;Gerger et al, 2007;Hammond et al, 2011;Hantzi et al, 2015;Johnson et al, 1997;Margolin et al, 1989;Mégias et al, 2011;Reilly et al, 1992;Rollero & Tartaglia, 2018;Starosta & Schuller, 2020;Watson, 2016;see Suarez & Gadalla, 2010 for a meta-analysis). This consistent difference between men and women may be a result of patriarchal structures of the societies in which the research was conducted.…”

Let’s Get Prototypical: The Role of Complainant/Defendant Gender and Form of Sexual Act on Mock Jurors’ Decisions in Sexual Assault Trials

“…Of importance, the male complainant in every condition was blamed significantly more than his female complainant counterpart (Anderson, 2007;Pica et al, 2018;Starosta & Schuller, 2020). Similarly, the female defendant was viewed as significantly more credible and less blameworthy than the male defendant regardless of the other conditions (Anderson, 2007;Pica et al, 2018;Starosta & Schuller, 2020). Interestingly, no significant differences were found between jurors' verdict decisions for a male or a female complainant within these studies.…”

“…Specifically, male complainants who knew their assailant, who did not resist the assault, and who were intoxicated at the time of their assault were blamed more than those who were assaulted by a stranger, actively resisted, and were sober. Of importance, the male complainant in every condition was blamed significantly more than his female complainant counterpart (Anderson, 2007;Pica et al, 2018;Starosta & Schuller, 2020). Similarly, the female defendant was viewed as significantly more credible and less blameworthy than the male defendant regardless of the other conditions (Anderson, 2007;Pica et al, 2018;Starosta & Schuller, 2020).…”

“…Numerous psycho-legal studies have employed mock juror simulations to ascertain the impact of rape myths on juror verdict, as well as credibility and blameworthiness allocated towards the complainant and defendant (McKimmie et al, 2014;Stuart et al, 2019;Schuller et al, 2011;Starosta & Schuller, 2020;Wenger & Bornstein, 2006). For example, Schuller and Wall (1998) conducted a mock juror simulation study to determine the effects victim intoxication has on jurors' decisions.…”

“…It appears from the reviewed literature that sexual assault cases involving a male complainant and a female defendant are treated less favourably by jurors (i.e., greater complainant blame, and lower complainant credibility) than sexual assault cases involving a female complainant and a male defendant (Anderson, 2007;Pica et al, 2018;Starosta & Schuller, 2020). It is feasible that this occurs because male complainants of female perpetrated sexual assault contradict current gender stereotypes (Kachel et al, 2016) and would thereby not fit within jurors' prototypes of a sexual assault case, complainant, or defendant.…”