What constitutes a “reasonable belief” in consent to sex? A thematic analysis

Gray, Jacqueline M.

doi:10.1080/13552600.2014.900122

Cited by 15 publications

(13 citation statements)

References 23 publications

(69 reference statements)

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“…A further myth seen in these trials denies any distinction between consenting to some intimate behavior and consenting to sex (Gray, 2015;Payne et al, 1999). In three trials (4, 5, and 7), DC emphasized that C had consented to some kissing.…”

Section: Defense Use Of Rape Mythsmentioning

confidence: 99%

“…Research has repeatedly shown that rape myths can be influential in the perception of consent and rape (Frese, Moya, & Megías, 2004;Gray, 2015), as they provide a schema that shapes expectations of what is or is not considered to be rape (Bohner, Eyssel, Pina, Siebler, & Viki, 2009). Although jurors have the opportunity to engage in careful, systematic processing of the evidence presented (Chaiken, 1980), this is not sufficient to ensure that their verdict is accurate or unbiased.…”

Section: Introductionmentioning

confidence: 99%

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

Temkin

Gray

Barrett

2016

Feminist Criminology

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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.

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Section: Defense Use Of Rape Mythsmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

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

Temkin

Gray

Barrett

2016

Feminist Criminology

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“…If the 'reputation' of the defendant was interpreted by participants as a pattern of dangerous behaviour, and the complainant willingly put themselves into a risky situation may have been the most salient driver of guilt attributions hereand this did not differ by condition. This idea of a complainant choosing to put themselves in a position of vulnerability (by getting drunk) was explored by Gray (2015). Many participants in that research attributed more blame to the complainant for her rape.…”

Section: Discussionmentioning

confidence: 99%

“…First, they blame the victim (i.e. in the casting couch scenario this might link with the victim visiting a notorious predator's private space) (see also Gray, 2015). Second, they justify the rapist's actions (i.e.…”

mentioning

confidence: 99%

The ‘casting couch’ scenario: Impact of perceived employment benefit, reporting delay, complainant gender, and participant gender on juror decision-making in rape cases

McIntosh¹,

Davis²

2019

Preprint

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Recent media reports of contemporary and historical rape and sexual assault cases have focused on the entertainment industry, particularly around the notion of the ‘casting couch’. This scenario in which a powerful figure obtains sexual acts from subordinate actors in exchange for employment was used to explore the influence of rape myths and Sexual Economic Theory on mock-juror decision-making. Participant-jurors (n = 907) viewed video and written testimony of a male or female complainant, accusing a male producer of rape. Delay before reporting the incident to the police (immediately, six months, ten years), and whether the complainant secured the acting role or not were varied. Females (79.7%) were significantly more likely than males (62.7%) to deliver a guilty verdict and to recommend longer prison sentences. When the complainant did not secure the acting role, and they delayed reporting the incident for six months, there was a trend for guilty verdict rates to be slightly higher when the complainant was male (80.5%) than female (64.5%). Defendant guilt attributions to the male and female complainant were also differently influenced by rape myth belief levels and homophobic attitudes, but not beliefs in a just world. The casting couch has a worldwide context, and these results have important implications for any occupational setting in which men in positions of power may sexually exploit junior staff.

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“…This bill states that silence does not constitute consent, nor does lack of resistance. A person who is unconscious, drunk, or drugged cannot consent (Gray, ; Mangan, ). The law also includes requirements for colleges and universities that receive state funding for student financial aid to adopt policies regarding treatment and information for victims of sexual assault (Wood, ).…”

Section: Introductionmentioning

confidence: 99%

Public health nursing and the issue of trust in campus sexual assault

Carney

2018

Public Health Nursing

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Public Health Nurses are the largest group of public health practitioners in both local and state health departments across the United States. Essential for the delivery of health services in the community, Public Health Nurses frequently provide care for underserved and vulnerable populations. Among these populations are the victims of campus sexual assault, a growing problem on college and university campuses. Both nationally and internationally, sexual assault has been described as a public health and human rights concern. With the signing of the Senate Bill 967 in California, affirmative consent, known as "yes means yes," requires both parties in a sexual encounter to give voluntary and affirmative consent. Many colleges and universities across the country have adopted similar standards. However, students may choose not to seek health care after an assault at the Student Health Center, preferring to obtain care in community clinics or health departments. Students must be able to be safe on and off campus, and must be able to trust they will be heard by campus authorities and the health care community, and be treated with respect. Public health nurses need to be prepared to work with victims of campus sexual assault and have a solid foundation in the issues surrounding assault, and the needs of the student to trust their caregivers. This paper presents an overview of the vulnerability and risk factors in sexual assault, presents legislation on campus and institutional responsibility, and provides a foundation for Public Health Nurses working with victims of sexual assault.

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What constitutes a “reasonable belief” in consent to sex? A thematic analysis

Cited by 15 publications

References 23 publications

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

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

The ‘casting couch’ scenario: Impact of perceived employment benefit, reporting delay, complainant gender, and participant gender on juror decision-making in rape cases

Public health nursing and the issue of trust in campus sexual assault

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