When a corporation rapes: perceptions of rape in civil court for corporate defendants

In recent years, the coupling of poor outcomes for rape victims in criminal court and the widening scope of legal responsibility for sexual assault has prompted plaintiffs to file civil suits for rape against corporations. Unfortunately, we know little about juror perception of civilly litigated rape against corporate defendants and most jury research involving corporate defendants concerns non-sexual injury cases (e.g. premises liability, automobile accidents). With the increasing number of corporations being sued civilly for rape, we need to understand how civil juries perceive these cases. The present study investigated mock jurors’ perceptions of a fictional civil rape trial against a hotel. Community members (N?=?155) read one of three trial summaries: Civil rape trial against the alleged perpetrator, civil rape trial against a hotel, or criminal rape trial. Results indicate females have higher pro-plaintiff judgments than males in civil court, perceptions of greed typically associated with civil litigation apply to rape, and favorable plaintiff decisions are most likely against a corporate defendant. Also, mental models suggest mock jurors conceptualize criminal and civil rape cases against an individual similarly. We discuss our results in terms of psychological, legal and practical expectations when suing for rape.     

An Empirical Study of Rape in the Context of Multiple Murder

In recent years, multiple homicide offending has received increased research attention from criminologists; however, there is mixed evidence about the role of rape toward the perpetration of multiple murder. Drawing on criminal career data from a nonprobability sample of 618 confined male homicide offenders selected from eight U.S. states, the current study examines the role of rape as a predictor of multiple homicide offending. Bivariate analyses indicated a significant association between rape and murder charges. Multivariate path regression models indicated that rape had a significant and robust association with multiple murder. This relationship withstood the confounding effects of kidnapping, prior prison confinement, and prior murder, rape, and kidnapping. These results provide evidence that rape potentially serves as a gateway to multiple murder for some serious offenders. Suggestions for future research are proffered.     

Evaluating Stranger and Acquaintance Rape: The Role of Benevolent Sexism in Perpetrator Blame and Recommended Sentence Length

In most jurisdictions, the law does not recognize the distinction between stranger and acquaintance rape. However, these two types of rape seem to elicit different responses from both lay observers and legal practitioners. Two studies investigating the role of benevolent sexism (BS) in accounting for participants' responses to acquaintance vs. stranger rape perpetrators are reported. Participants were presented with vignettes describing either an acquaintance rape or a stranger rape. As predicted, relative to low-BS individuals, participants who scored high in BS attributed less blame (Study 1) and recommended shorter sentences (Study 2) for the acquaintance rape perpetrator. Benevolent sexism was unrelated to reactions to the perpetrator in the stranger rape condition.     

Rape myth beliefs and prejudiced instructions: Effects on decisions of guilt in a case of date rape

Purpose. The purpose of this study was to investigate the potential effects of pro and anti rape myth bias in judges' summing up statements on verdicts given by individuals. Method. A convenience sample of 90 male and 90 female students from a British university completed the Rape myth acceptance (RMA) scale ( Burt, 1980 ). A scenario depicting a date rape was read, ending with guidance that was either pro or anti rape myth, or neutral. Results. Rape myth supporting guidance was associated with innocent verdicts, and anti rape myth guidance with guilty verdicts, regardless of degree of rape myth acceptance. Level of rape myth acceptance and gender were also found to predict verdict. Conclusion. Rape myth biased guidance may influence verdicts in a rape scenario in which the attribution of blame to the man and woman depicted could be perceived as being ambiguous.     

Status, Threat, and Stereotypes: Understanding the Function of Rape Myth Acceptance

This study applied system justification theory to understand the function of rape myth acceptance. Participants read a rape scenario that manipulated the difference in status between the perpetrator and victim, as well as the potential threat to perpetrator as depicted by whom the victim told about the rape. People’s opposition to equality and gender separately and together predicted rape myth acceptance. People with higher opposition to equality reported less rape myth acceptance when a higher-status perpetrator got away with rape than when he was reported to police. Conversely, people with lower opposition to equality reported more rape myth acceptance when the higher-status perpetrator got away with rape. People’s opposition to equality and gender interacted such that men with lower opposition to equality also reported more rape myth acceptance when the equal- and lower-status perpetrator got away with rape. Gender predicted rape myth acceptance such that when the lower-status perpetrator was reported to the police, women reported more rape myth acceptance whereas men reported less rape myth acceptance. This is the first study to show that rape myth acceptance is malleable and strategically motivated. These findings have implications for not only understanding rape myth acceptance, but also other ideologies that explain unethical behavior by advantaged groups.     

强奸罪立法的反思与重构

传统的强奸罪只将犯罪对象限定为女性,由于时代的不断发展,在强奸犯罪的领域出现了女性强奸等各种不同的新情况,而我国强奸罪的现行立法面对这些新情况则没有回应。本文通过对强奸罪的女性主体、男性犯罪对象、婚内强奸以及强奸罪的"自诉"化等问题进行探讨,指出:女性可以成为强奸罪的主体;强奸罪的犯罪对象也可以是男性;对未成年人应特别保护;强奸罪的一些情况可以纳入"自诉"案件的范围。     

Current perceptions of marital rape: some good and not-so-good news

The current study extends previous research on marital rape and acceptance of general rape myths by comparing the perceptions of undergraduate college students (n = 85) to those of college alumni/ae (n = 44) who graduated from the same university three decades earlier. Participants read a hypothetical rape scenario that depicted the perpetrator as either the victim's husband or neighbor and completed three measures of different aspects of rape myth acceptance. Results indicated that although participants reported fairly low levels of support for different aspects of rape myths, certain rape myths were more strongly endorsed than were others. Furthermore, rape myth acceptance was stronger for marital rape than for acquaintance rape and for undergraduates than for college alumni/ae. Practical and theoretical implications of this study are discussed.     

The influence of rape myth acceptance,sexual attitudes,and belief in a just world on attributions of responsibility in a date rape scenario

Purpose. The purpose of this study was to examine the influence of rape myth acceptance, belief in a just world, and sexual attitudes on attributions of responsibility in a date rape scenario. We predicted that people higher in rape myth acceptance and those who more strongly believed in a just world, as well as those who held more conservative sexual attitudes, would attribute greater blame to the accuser than to the accused. Methods. One hundred seventy‐two undergraduates from a medium‐sized, Catholic university in the USA read a hypothetical date rape scenario and completed the Rape Myth Acceptance Scale, the Just World Scale, the Sexual Attitudes Scale, and a Judgment Questionnaire constructed for the current study. Results. Rape myth acceptance mediated the relationship between gender and judgments of responsibility for the accused and the accuser. Men were more likely to endorse rape myths and, consequently, assign less responsibility to the accused and more responsibility to the accuser than women. Conclusions. Pre‐existing beliefs regarding the nature of rape and the circumstances surrounding it may bias attributions of responsibility in date rape cases. There may be utility in addressing whether jurors hold such beliefs prior to the start of a trial.     

Rape-myth congruent beliefs in women resulting from exposure to violent pornography: effects of alcohol and sexual arousal

Previous research findings indicate that women suffer a variety of detrimental effects from exposure to violent pornography. This study used an experimental paradigm to examine the effects of a moderate alcohol dose and alcohol expectancies on women's acute reactions to a violent pornographic stimulus. A community sample of female social drinkers (N = 134) read an eroticized rape depiction after completing an alcohol administration protocol. As predicted, intoxicated participants were less likely to label the depicted events as rape than their sober counterparts. A path analytic model illustrated that participants' self-reported sexual arousal to the stimulus, as influenced by alcohol consumption and expectancies, resulted in increased rape myth congruent perceptions of the victim and decreased labeling of the incident as rape. Findings suggest that acute alcohol intoxication during violent pornography exposure may ultimately result in women developing more calloused attitudes toward rape and rape victims.     

Elevated creatinine levels in rape assault survivors

Urine specimens were collected from alleged rape survivors. In 13 of the 29 survivors, creatinine levels were over 150 mg/dl, and nine of these were over 200 mg/dl. These elevated urine creatinine levels persisted for some time after the alleged rape attacks. Various controls yielded overall levels below those of the alleged rape assault survivors. When control values of creatinine and osmolality of pre- and postintercourse samples were plotted and compared by linear regression covariance analysis to the data on alleged rape survivors, the levels of urinary creatinine in the alleged rape survivors were higher than would have been expected from urine osmolality increases. The dissimilarity of the two sets of data has a p value less than 0.0001. These findings might serve as supplemental objective evidence of rape (or terror) that could be used medicolegally.     

熟人强奸：犯罪类型与人际关系的实证研究

熟人强奸犯罪是近年来国内外在强奸犯罪研究领域的研究重点。本文在收集熟人强奸案件的基础上,通过实证的研究方法,将熟人强奸分为约会强奸、聚会强奸、非约（聚）会双向互动强奸、非互动强奸四种不同的类型,并通过对这四种类型的分类研究,探讨了不同类型熟人强奸犯罪发生与犯罪人和被害人之间的人际关系的相关性。     

Rape myth acceptance and rape proclivity: expected dominance versus expected arousal as mediators in acquaintance-rape situations

Individuals who are high in rape myth acceptance (RMA) have been found to report a high proclivity to rape. In a series of three studies, the authors examined whether the relationship between RMA and self-reported rape proclivity was mediated by anticipated sexual arousal or anticipated enjoyment of sexually dominating the rape victim. Results of all three studies suggest that the anticipated enjoyment of sexual dominance mediates the relationship between RMA and rape proclivity, whereas anticipated sexual arousal does not. These findings are consistent with the feminist argument that rape and sexual violence may be motivated by men's desire to exert power over women. Theoretical and practical implications of our findings are discussed.     

Social perception of rape: how rape myth acceptance modulates the influence of situational factors

This study assessed the role of rape myth acceptance (RMA) and situational factors in the perception of three different rape scenarios (date rape, marital rape, and stranger rape). One hundred and eighty-two psychology undergraduates were asked to emit four judgements about each rape situation: victim responsibility, perpetrator responsibility, intensity of trauma, and likelihood to report the crime to the police. It was hypothesized that neither RMA nor situational factors alone can explain how rape is perceived; it is the interaction between these two factors that best account for social reactions to sexual aggression. The results generally supported the authors' hypothesis: Victim blame, estimation of trauma, and the likelihood of reporting the crime to the police were best explained by the interaction between observer characteristics, such as RMA, and situational clues. That is, the less stereotypic the rape situation was, the greater was the influence of attitudes toward rape on attributions.     

Juror common understanding and the admissibility of rape trauma syndrome evidence in court

Expert testimony on rape trauma syndrome has been used in sexual assault cases to corroborate the victim's complaint and to educate the jury. One of the primary arguments against the admissibility of this testimony is that it is not helpful because most jurors are adequately informed about rape and rape victim behavior. To test this assumption, a Sexual Assault Questionnaire (SAQ) was administered to experts on rape and post-traumatic stress disorder (PTSD) and two nonexpert comparison groups. Results indicated that the nonexperts were not well informed on many rape-related issues and were significantly less knowledgeable than the expert groups. The data also showed considerable consensus among the experts about the current scientific database on rape trauma. The implications of these results for the use of expert psychological testimony on rape trauma syndrome in court are discussed.     

Perpetuating myths of women as false complainants in rape cases in India: culture V. The law

ABSTRACT

Despite public outrage over our global “rape culture,” sexual offences continue to be characterised by low levels of reporting, prosecution, and conviction in many countries. Attrition rates for sexual assault internationally, although varying in pattern, are consistently high. As a signatory to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Declaration on the Elimination of Violence against Women (DEVAW), the Indian Government acknowledges the need to afford better protection to victims of gender violence. Assessing the effect of rape law reform in India, using crime statistics and a survey of recent judgments from the Delhi District Courts, the author argues that the legislature has failed systematically to address the many injustices experienced by women who allege rape. The Indian Parliament responding to the moral panic generated by the Delhi gang rape case with knee-jerk reforms, focused mainly on increasing penalties, maintaining an outmoded view of rape as a crime against morality rather than as a violation of gender rights and human rights. By closely investigating the sociocultural context in which sexual crimes against women occur in India, the author reveals that India’s “cultural” arguments for rejecting further reform (such as repeal of the marital rape immunity) are merely entrenched gender biases, bearing strong parallels to nineteenth century English common law perceptions of women who allege rape as a class of false complainants.     

Rape myth acceptance in men who completed the prostitution offender program of British Columbia

In an effort to characterize the attitudes and characteristics of men who solicit sex, this study investigated rape myth acceptance as assessed by a modification of Burt's Rape Myth Acceptance Scale. The participants were all men who took part in the Prostitution Offender Program of British Columbia after being arrested for attempting to solicit sex from an undercover police officer. Relationships between endorsement of rape myths, other attitudes, sexual behavior, and demographic variables were examined. Results reveal that age, education, use of pornography, ideal frequency of intercourse, and believing that purchasing sex is a problem are all negatively correlated with rape myth acceptance. Positive correlations were found between rape myth acceptance and sexual conservatism, sexual violence/coercion, and social desirability. Results are discussed in terms of the association between rape myth acceptance and the violence frequently perpetrated against those working in the sex trade.     

A review of the role of radical feminist theories in the understanding of rape myth acceptance

Abstract

Research into rape myth acceptance (RMA) first emerged in the 1970s, when authors such as Brownmiller (1975) and Burt (1980) proposed that rape was a mechanism that allowed men to exert power over women and that the endorsement of rape myths justified this sexual dominance. These influential theories have meant that subsequent definitions of rape myths have failed to acknowledge male victims of serious sexual assault, despite an increase in prevalence rates. More recent research has attempted to explore RMA in relation to male victims, with results suggesting that men are more likely than women to endorse rape myths regarding male victims when the victim is assumed to be homosexual, or when the victim is heterosexual and the perpetrator is female. Brownmiller's theory is challenged and a more holistic view of the importance of sex-role traditionality is explored, while acknowledging the contribution of individual factors relating to the development of RMA.