Expectancy violation and perceptions of rape victim credibility

Purpose. Rape victims have been found to have a heightened risk of secondary victimization in the legal system through biased perceptions of their credibility. In this study, participants observed a video of a rape victim reporting the crime and evaluated her credibility, to establish the influence of victim emotional expressiveness on evaluations of victim credibility. Methods. The nonverbal (eye‐contact, crying) and paralinguistic (tone of voice) behaviour of the rape victim was manipulated such that the emotional presentation viewed by observers was either expressive, or not expressive. One hundred and thirty seven participants were randomly allocated to observe a videotape of either an expressive or a non‐expressive victim. Participants’ specific expectations about the emotional expressiveness of rape victims in general were also measured. Results. Results revealed no significant main effect of emotional expressiveness on perceptions of credibility. However, among participants with a strong expectation of emotional expressiveness, a rape victim who was emotionally expressive was perceived to be significantly more credible than a victim who was not emotionally expressive. Conclusions. It appears to be expectancy violation rather than emotional expressiveness per se that biases observers’ perceptions of rape victim credibility.     

Rape myths and rape by juveniles

Rape committed during adolescence is a vital indicator for predicting the propensity of committing rape in adulthood. Moreover, although numerous studies related juvenile rape have been proposed in Western countries, most of these studies have focused on the impact of personal factors, and have neglected to examine the impact of rape myths. Therefore, in the present study, we investigated the relationship between rape myths and male juvenile rape. This study used an anonymous self-report questionnaire to collect data. Participants included 466 male middle- and high-school students in Taiwan. The results showed that rape myths are associated with juvenile rape. Furthermore, rape victim myths were the myth category relating to juvenile rape, rather than rape perpetrator myths. Among the rape victim myths, the dimension, women secretly wish to be raped, had the strongest association. Discussions pertaining to implications, applications, limitations, and future research are included in the present study.     

Liberating Discretion: The Effect of Rape Myth Factors on Prosecutors’ Decisions to Charge Suspects in Penetrative and Non-Penetrative Sex Offenses

Abstract

In sexual assault cases, prosecutorial charging decisions may be influenced by legal factors like offense seriousness and convictability and extralegal rape myths. We use data on sexual assaults in Los Angeles, to test for the effects of victim behavior, victim credibility, and “real rape” stereotypes on the decision to file charges. We also test the liberation hypothesis, examining whether rape myths influence the charge decision more in less serious nonpenetrative cases then in penetrative cases. Results show that victim credibility and behavior, but not consistency with real rape stereotypes, affect charging decisions, even after controlling for legally relevant factors, and they influence prosecutors’ charging decisions equally in penetrative and nonpenetrative cases. Rape myths also influence the charging decision indirectly via victim cooperation. We conclude that rape myths are incorporated into the criminal justice system’s definition of and response to sexual violence, so cannot be addressed by changing case screening policies.     

Rape law reform and the effect of victim characteristics on case processing

Rape law reforms enacted during the past 20 years were designed to shift the focus of a rape case from the victim to the offender. Reformers and criminal justice officials speculated that changes in the rules of evidence and enactment of rape shield laws would result in less suspicion of the claims of rape victims and would make it less likely that the character, reputation, and behavior of the victim would affect decision making about the case. In this paper we examine the impact of rape law reform on the factors affecting the outcome of sexual assault cases bound over for trial in Detroit. We find little support for our hypothesis that the effect of victim characteristics on case processing decisions declined in the postreform period. Most of the victim characteristics did not have the expected effects on the likelihood of case dismissal, charge reduction, conviction, or incarceration. We did, on the other hand, find that the proportion of cases involving evidence of risk-taking behavior on the part of the victim or questions about the victim's credibility increased in the postreform period.     

The impact of past sexual experiences on attributions of responsibility for rape

Two factors potentially affect observers'attributions of responsibility to a rape survivor: how closely they identify with the survivor and how much they adhere to rape myths. To assess the impact of these factors, 157 female college students categorized by their sexual assault history and by their acceptance of rape myths, evaluated a sexual assault scenario. It was hypothesized that previously victimized participants would attribute less blame, and that those participants who self-identify as rape survivors would view the assault as rape more often than other participants. Neither hypothesis was supported. As expected, those who scored higher on the Rape Myths Acceptance Scale(RMAS) blamed the victim more and were less likely to believe rape had occurred. Only one subscale of the RMAS, Adversarial Sexual Beliefs, was consistently associated with participants'evaluation of the scenario, suggesting that this dimension may be especially important to understanding an observer's assessment of rape.     

Sex crime legislation: Proactive and anti-therapeutic effects

Therapeutic jurisprudence may have its major role within law practice, but analysis of the law from a therapeutic perspective is a task that should not be neglected; how a piece of legislation is designed and formulated certainly influences the therapeutic outcome of a legal process. This article uses sex legislation as an example to demonstrate how the old rape law based on coercion has anti-therapeutic effects on rape victims. If the law requires resistance, it implies that a woman is sexually available until she resists physically, resulting in an attitude that a woman reporting rape without injuries should be mistrusted. This mistrust of the victim and the victim's attendant feelings of self-blame aggravate the victim's trauma. On the other hand, a modern rape law based on lack of consent gives the signal that a woman is not available until she has given her consent, resulting in a different starting position for the investigation. Since the will of the victim must be respected, the victim herself must be respected in the legal process. Furthermore, being able to tell one's story in a respectful atmosphere can be more important for the well-being of the victim than the outcome of the reported case.     

The rights of rape victims are enhanced: Using the law of premise liability for compensation

The field of victimology has been inundated with empirical evidence which demonstrates victims of crime have very few rights. Yet a new field of civil liability has been growing in the last few years which gives rape and assault victims a new avenue to be compensated for their injuries. This paper will demonstrate how the victims’ target is not the criminal justice system (through compensation from restitution or victim’s compensation statures). Nor is it the defendant (who usually makes no money). Rather, the target is the rich apartment complex owners and other owners of commercial premises who have failed to maintain their premises safely. As a result of their negligence, the victims fail to be afforded the right to visit or habitat or to sleep without fear and are ultimately raped. Jury verdicts in these premises liability cases have reached more than nine million dollars. This paper will analyze the legal process whereby one particular rape victim actualized her rights and gained significant monetary damages under this evolving law of premise liability. Finally, it proposes the creation of a new institutionalized program that promotes the rape victim’s rights to adequate compensation for her injury-the Rape Victims’ Rights and Opportunities Program.     

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.     

Finding the Balance: Intoxication and Consent

Sexual offences in England and Wales have had a dramatic reimagining in the last 15 years, with the Sexual Offences Act 2003 establishing not only the boundaries of the most heinous of offences such as rape, but also defining one of the most important elements; consent. This article seeks to explore the problems that surround establishing if legally valid consent has been given, with particular regard for cases where voluntary intoxication takes centre stage. The problem that often arises is the question on whether or not an intoxicated victim had the capacity to consent, or establishing if she did consent when memory of the event is hazy, possibly from both parties. Using comparative analysis with other jurisdictions and their take on the offence of rape, the author seeks to discover if the current rules are sufficient to fit within twenty-first century western culture. The victim will be referred to as ‘she’, although the law here and all situations discussed are equally applicable to male rape.

     

Keeping the ‘Lady’ Safe: The Regulation of Femininity through Crime Prevention Literature

Rape and the fear of rape have been understood by numerous feminists as an ideological weapon used by men to subordinate women. This paper argues that this analysis of power is overly reductive. The omnipresent threat of rape for women encourages them to engage in multiple ‘safe-keeping’ acts which have come to be a performative condition of normative femininity. These restrictive bodily acts (not dressing in certain ways, avoiding certain public locales) promoted through some strands of rape prevention literature, are not merely a reaction to the reality of rape, rather, these advisory narratives unwittingly operate to install rape as a fixed reality. Rape prevention literature (re)produces gendered bodies – the vulnerable/indefensible feminine and the potent/unstoppable masculine – which does not disrupt the possibility of rape, more exactly, it makes rape seem evermore inevitable and unstoppable.     

Rape and child sexual abuse: what beliefs persist about motives, perpetrators, and survivors?

Rape myths are prejudicial and stereotyped beliefs about rape which persist in society. They may have a significant impact on those affected by rape as well as the performance of legal and public participants in the justice system. Rape myths may differ over time and within different societies and cultural settings. Awareness of contemporary and local rape myths is necessary if they are to be successfully challenged through public campaigns and other means. This study sought to assess the prevalence of myths concerning rape and sexual abuse in a national population survey.     

The emotional witness effect: story content,emotional valence and credibility of a male suspect

Abstract

Building on previous research which identified alcohol as the drug of choice for facilitating sexual assaults, this paper analysed 93 rape cases reported to the police in which the victim was under the influence of drugs/alcohol when the assault occurred. The aim was to explore what substances victims consumed to become incapacitated and who induced the state of incapacity. The degree of pre-planning suggests that the offender could be described as opportunistic or predatory. Findings demonstrated that the majority of rapes (coming to police notice) in which alcohol or drugs are implicated, are circumstances where the victim has self-intoxicated through alcohol consumption. There were relatively few cases in which drugs had been administered surreptitiously. The analyses successfully identified differences between rapes that occur when the victim is intoxicated or drugged according to how she consumed that alcohol/drug and what kind of alcohol/drugs she had consumed. The concept of negotiative space is offered as a potential theoretical explanation. The findings are discussed in the light of this and recommendations for crime prevention are made.     

A five-year gender equality score card for the Philippine Supreme Court under its first woman Chief Justice: opportunities seized and missed

ABSTRACT

On 24 August 2012, the Honourable Maria Lourdes Sereno was appointed Chief Justice of the Philippine Supreme Court, the first woman to hold such position since its establishment in 1901. Several cases involving important women’s issues decided during her term were reviewed in this work, inspired by the possibility that a young, brilliant and hardworking woman of humble beginnings sitting at the helm could make a difference. Indeed, the Chief Justice manifested commendable grit in registering meaningful dissent in Imbong v. Ochoa, where she championed women’s bodily autonomy, and when she wrote a provocative concurrence in Vinuya v. Romulo, where she gave hope to women who suffered wartime atrocities. However, she missed an opportunity to put the rape shield law into good use in deciding People v. Batuhan and Lacturan. Her concurrence was also disappointing in Garcia v. Drilon, where she favoured rational basis review over intermediate level of scrutiny for gender-based classification, in People v. Jumawan where a conviction for marital rape was based on romantic paternalism, in People v. Palotes where additional compensatory damages were not considered for a rape victim who bore a child, in People v. Tionloc where acquittal was based on rape myths, and in People v. Caoili where the Court refused to call rape by its ugly name.     

Rape Victim Blaming as System Justification: The Role of Gender and Activation of Complementary Stereotypes

This research examined reactions towards female rape victims from a system justification perspective. Study 1 demonstrated that gender-related system justification motivation (Modern Sexism) predicted the propensity to blame a female rape victim among men, but not among women. Modern sexism predicted rape victim blaming among men even when statistically controlling for a general antipathy towards women, and the results were unaffected by social desirability concerns. Consistent with previous study on system justification theory, we demonstrated in Study 2 that system justification motivation can predict victim blaming also among women, provided that complementary stereotypes about women have been activated. By contrast, system justification motivation predicted men’s propensity to blame a rape victim irrespective of whether complementary stereotypes about women had been experimentally activated.     

Police Responses to Sexual Assault Complaints: The Role of Perpetrator/Complainant Intoxication

This study explored the impact of victim and perpetrator alcohol consumption on police officers' evaluations of an alleged sexual assault and their reported likelihood of charging the perpetrator. Two hundred and twelve police officers were presented with a vignette depicting an acquaintance rape in which the beverage consumption (beer, cola) of both the victim and perpetrator was systematically varied. Results indicated that the officers' perceptions of the complainant's intoxication level, as well as the gender of the officer, influenced officers' evaluations of the alleged sexual assault. The more intoxicated the complainant was perceived to be, the more negatively she was viewed. Female police officers evaluated the victim more favorably than male officers. The only factors related to the officers' likelihood of charging the perpetrator, however, involved their assessment of the complainant's credibility and their perception of the likelihood that the perpetrator would be found guilty in a court of law.     

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.     

Empirically enhanced reflections on 20 years of rape research

Using PsychInfo review of rape and sexual assault publications, the period of greatest fertility coincided with the establishment (1975) and demise (1987) of the National Center for the Prevention and Control of Rape. To document what has been learned and when, the era in which new rape concepts entered the literature is summarized and important developments highlighted. Then, new investigations that are urgently needed are elaborated. The author expresses concern that current federal investment is insufficient to sustain and expand a science workforce adequate to the tasks ahead. Since 1995, more than 1 billion US dollars have been awarded to prosecutors, law enforcement, and community agencies to assist victims of violence. In contrast, between 1996 and 2003, only 14 of 178 (7%) of investigator-initiated grants funded by the Department of Justice and the Centers for Disease Control and Prevention for violence against women had titles pairing the word sexual with assault, violence, abuse, or rape.     

Effects of victim gender,victim sexual orientation,victim response and respondent gender on judgements of blame in a hypothetical adolescent rape

Objectives. Few studies have examined the judgements made towards adolescent rape victims, and none have investigated attributions towards gay male or lesbian adolescents. The current study examined the effects victim gender, victim sexual orientation, victim response, and respondent gender, on attributions of blame in the depicted rape of a 15‐year old adolescent. Methods. A total of 164 respondents read details of this assault before completing 15 attribution judgments. Results. Respondents were expected to attribute more blame to a victim who was male, gay, and who failed to resist the perpetrator. Male respondents were also expected to be more blaming of the victim than females. Overall these hypotheses were supported. Conclusion. Results are discussed in relation to the role gender stereotypes and homophobia play within attributions blame in sexual assault cases. Specifically, it seems male adolescent rape victims are subjected to the same negative stereotypes as male adult victims. Implications and ideas for future research are considered.