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.     

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。     

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.     

A preliminary analysis of feminist views on the crime of rape

Although rape has been considered a serious social problem for centuries, the rise of the Feminist Movement in North America in the 1970’s has served to bring the problem into the public eye. Leading Feminists, among them Camille LeGrand and Susan Brownmiller, have proposed new hypotheses both on rape and the rapist which differ significantly from traditional theories on the crime. Some of the Feminists’ hypotheses, particularly those which presuppose very high levels of rape and assume massive underreporting of the crime by its victims, do not receive much support in empirical surveys. But one aspect of the Feminists’ perspective on rape—that rape is an act against both person and property—is substantiated by empirical analysis of UCR data. The data suggest that the crime of rape shares significant commonalities with the crimes of property, as well as crimes of violence, and rape statistics act to hold together these two, otherwise different, categories of crime.     

Mock jurors’ expectations regarding the psychological harm experienced by rape victims as a function of rape prototypicality

We examined mock jurors’ judgments in a rape case that was either prototypical (late-night assault by a stranger in a public place) or non-prototypical (daytime assault by an acquaintance in a private home). We also varied the psychological harm experienced by the victim as a result of the rape (mild anxiety or posttraumatic stress disorder (PTSD)). We hypothesized that participants’ expectations regarding the level of harm the victim is likely to experience would mediate the effect of harm level on ratings of the victim’s credibility, and this indirect effect would be contingent on the prototypicality of the case. In a pilot experiment we demonstrated that people expect prototypical rape cases to be more traumatic for victims than non-prototypical cases. In the main experiment, and as predicted, participants in the Prototypical condition expected the victim to develop PTSD more than mild anxiety, but Non-Prototypical condition participants expected the opposite. In addition, a level of harm that was consistent rather than inconsistent with their expectations led participants to rate the victim as more credible; they also rated her as less responsible for what happened, and they thought the defendant was more likely guilty and that he should be incarcerated for a longer period of time.     

Braving Jim Crow to Save Willie McGee: Bella Abzug,the Legal Left,and Civil Rights Innovation, 1948–1951

This article considers the role of Bella Abzug, lead counsel for Willie McGee from 1948–1951, in shaping the defense of this Cold War era Mississippi rape case. Representing McGee left an indelible mark on Abzug: she made her first trip south, wrote her first Supreme Court petition, and faced her first death threat. Participation in the Left legal bar—especially the National Lawyers Guild and Left feminist circles—shaped Abzug's legal consciousness as she redirected the McGee defense significantly in 1950. By joining race and sex, Abzug's legal argument zeroed in on the taboo of interracial sexual relations at the heart of Southern rape cases, thereby exposing the innermost sexual color line. She urged the courts and cause lawyers—albeit unsuccessfully—to pursue a more radical civil rights agenda than outlawing public segregation, as ultimately achieved in Brown v. Board of Education (1954), and typically recognized in Cold War civil rights scholarship.     

Domestic Sexual Assault: A New Opportunity for Court Response

Based on research conducted for the State Justice Institute, this article examines the invisibility of domestic sexual assault—also known as intimate partner sexual assault or spousal, wife, or marital rape—from the perspective of community and court responses to domestic violence and sexual assault. The article identifies the consequences of invisibility of domestic sexual assault, including the potential for lethality, and offers suggestions to courts for improving outcomes for victims and perpetrators. Areas explored include data collection and analysis, judicial leadership, and specialization in victim response systems, law enforcement and prosecution, court management, and offender intervention.     

Teenagers’ Experiences of Pregnancy and the Parents’ and Partners’ Reactions: A Malaysian Perspective

This study focuses on the experiences of unwed teenage mothers in Malaysia in respect to the reactions of their parents and the fathers of their babies and how the reactions from significant others influence these unwed teenage mothers. The investigation was based on content analysis of interviews with 17 unwed teenage mothers, aged 12 to 18 years, during their probation or placement in shelter houses. The results show that most unwed teenage mothers became pregnant as a result of rape or statutory rape, and thus were at risk of developing mental health problems. Three themes were developed: secrecy, repression, and rejection. Four additional themes—feeling detached, trapped, unworthy, and ambiguous—were developed to describe the teenagers’ experiences of pregnancy.     

Characteristics associated with rape attrition and the role played by scepticism or legal rationality by investigators and prosecutors

Abstract

This paper reports a multidimensional scaling analysis of features associated with rape attrition by identifying key aspects of the rape that are associated with loss of cases at the stages of police investigation, prosecutors’ considerations and in court. The research utilized a case-file analysis (n=105) consisting of all rapes reported to one division within a large UK urban police force by females over the age of 16 from April 1998 to April 2003. In addition, interviews were conducted with police officers and Crown Prosecutors to explore their understanding of the reasons why attrition occurs. The findings illustrate the extent to which prejudicial attitudes and legal logic influence police officers’ and solicitors’ modes of thinking and subsequently influence decisions for rape cases to proceed to court. Methodological and practical issues are considered.     

“THE LAW'S THE LAW,BUT FAIR IS FAIR:” RAPE SHIELD LAWS AND OFFICIALS' ASSESSMENTS OF SEXUAL HISTORY EVIDENCE*

Recently enacted rape shield laws, which restrict the introduction of evidence of the complainant's prior sexual conduct, have engendered considerable controversy. This paper examines the responses of judges, prosecutors, and defense attorneys in six major urban jurisdictions to a set of hypothetical cases in which evidence of the victim's past sexual conduct is at issue. The different kinds of sexual history evidence evoke different responses from officials, and the specific provisions of the six rape shield statutes also affect officials' judgments.     

Situational variables or beliefs? A multifaceted approach to understanding blame attributions

Are victim and perpetrator blame attributions affected more by situational-specific variables or observers’ basic motives and personal beliefs? In three experiments, varying the scenario setting, the effects of victim and participant age, participant gender, sympathy for the victim, trust in the justice system, belief in a just world and acceptance of rape myths were investigated. In total, 877 Swedish adolescents and adults read scenarios reflecting common acquaintance rape situations. Victim age (18 or 31) was manipulated, but did not affect attributed blame. Effects of participant age and gender varied markedly across the three experiments. Sympathy for the victim and acceptance of rape myths were stronger predictors than belief in a just world. Consistently, blame attributions were found to be more affected by personal beliefs than situational-specific variables.     

Predicting charges and convictions for rape suspects in Denmark: characteristics associated with the notion of the ‘credible criminal’

In recent years, focus on the high attrition rates and low conviction rates in sexual assault cases in Scandinavia has increased. Attrition refers to the dropout of cases through the criminal justice system. However, only limited research exists on the importance of suspect characteristics for the legal outcomes in these cases. The present study is the first in Scandinavia to investigate legal and extralegal suspect variables relating to charges and convictions in the criminal justice system regarding suspected offenders in rape and attempted rape cases. All reported cases of rape and attempted rape in the Eastern Jutland Police District from 2008 to 2010 with an identified rape suspect (N = 175) were analysed through binary logistic regression analyses to examine which variables might increase the likelihood of charges or convictions. Results show that suspects with one or more prior sexual assault charges were more likely to be charged and convicted of a rape offence. The results of the present study help improve the understanding of the judicial processing of cases of rape from a different perspective than the victims’ and partially lend support to the hypothesis of ‘the credible criminal’ in terms of investigative and prosecutorial decision-making in rape cases.     

Unanalyzed evidence in law-enforcement agencies

Research Summary This study investigated forensic evidence processing in a nationally representative sample of state and local law-enforcement agencies (n = 3,153). For a 5-year period, agencies reported that 14% of all unsolved homicides (an estimated 3,975 cases) and 18% of all unsolved rapes (an estimated 27,595 cases) contained forensic evidence that had not been submitted to a forensic crime laboratory for analysis. Approximately 40% of these unanalyzed homicide and rape cases were reported to have contained DNA evidence. The lack of a suspect in the case was the most frequently cited reason for not submitting forensic evidence for analysis. Policy Implications Despite an increased diffusion of knowledge regarding the value of forensic evidence in the prosecution and defense of criminal cases, the investigative capabilities of forensic science are not being realized by law enforcement. Additional training for law enforcement on the use of forensic science to develop investigative leads is critical, as is the creation of departmental policies that prioritize and streamline the analysis of forensic evidence for homicide and rape cases—even in “no-suspect” cases. Ensuring adequate resources and information sharing for forensic processing especially of violent crimes, is also critical.     

Why Police “Couldn't or Wouldn't” Submit Sexual Assault Kits for Forensic DNA Testing: A Focal Concerns Theory Analysis of Untested Rape Kits

In jurisdictions throughout United States, thousands of sexual assault kits (SAKs) (also termed “rape kits”) have not been submitted by the police for forensic DNA testing. DNA evidence may be helpful to sexual assault investigations and prosecutions by identifying offenders, revealing serial offenders through DNA matches across cases, and exonerating those who have been wrongly accused, so it is important to understand why police are not utilizing this evidence. In this study, we applied focal concerns theory to understand discretionary practices in rape kit testing. We conducted a three‐year ethnography in one city that had large numbers of untested SAKs—Detroit, Michigan—to understand why thousands of SAKs collected between 1980 and 2009 were never submitted by the police for forensic DNA testing. Drawing upon observational, interview, and archival data, we found that while practical concerns regarding resources available for forensic analysis were clearly a factor, as Detroit did not have the funding or staffing to test all SAKs and investigate all reported rapes, focal concerns regarding victim credibility and victim cooperation were more influential in explaining why rape kits were not tested. Implications for the criminal justice system response to sexual assault and rape kit testing legislation are examined.     

Unfounding Sexual Assault: Examining the Decision to Unfound and Identifying False Reports

One of the most controversial—and least understood—issues in the area of sexual violence is the prevalence of false reports of rape. Estimates of the rate of false reports vary widely, which reflects differences in way false reports are defined and in the methods that researchers use to identify them. We address this issue using a mixed methods approach that incorporates quantitative and qualitative data on sexual assault cases that were reported to the Los Angeles Police Department (LAPD) in 2008 and qualitative data from interviews with LAPD detectives assigned to investigate reports of sexual assault. We found that the LAPD was clearing cases as unfounded appropriately most, but not all, of the time and we estimated that the rate of false reports among cases reported to the LAPD was 4.5 percent. We also found that although complainant recantation was the strongest predictor of the unfounding decision, other factors indicative of the seriousness of the incident and the credibility of the victim also played a role. We interpret these findings using an integrated theoretical perspective that incorporates both Black's sociological theory of law and Steffensmeier, Ulmer, and Kramer's focal concerns perspective.     

Attributions of responsibility,blame and justifiability to a perpetrator and victim in an acquaintance rape scenario: the influence of Marijuana intoxication

Abstract

Marijuana is a commonly used illicit drug by young adults and has been implicated in about one third of sexual assaults. However, the influence of Marijuana intoxication on rape attributions has not been previously investigated. This study examined the effects of perpetrator and victim Marijuana intoxication and participant sex on rape attributions. Young adults (N = 285) read an acquaintance rape scenario where Marijuana intoxication was manipulated and completed measures of perpetrator (responsibility, blame and justifiability) and victim attributions (responsibility and blame). The results revealed that an intoxicated, compared to sober, perpetrator was attributed less responsibility for his sexual aggression. When the victim was intoxicated, compared to sober, the perpetrator and victim were attributed less and more blame for the assault, respectively. These findings demonstrate that, irrespective of perceiver sex, Marijuana intoxication, like alcohol intoxication, results in an attributional double standard in favour of the perpetrator.     

The New Trial by Ordeal: Rape Kits,Police Practices,and the Unintended Effects of Policy Innovation

One of the most highly touted improvements in the criminal justice response to rape has been the wide‐scale adoption of sexual assault nurse examiner (SANE) programs that provide specialized medical care and forensic evidence collection to victims. Though previous studies have emphasized the benefits of SANE programs in improving criminal case outcomes, this study illustrates how the post‐rape forensic examination can also discourage reporting, investigation, and prosecution. Interviews with local rape care advocates across the United States show how the increasing emphasis on forensic evidence collected through rape kits may provide an opportunity to reflect and enact persistent law enforcement stereotypes toward sexual assault complainants. Unless police resistance to taking rape seriously is confronted and addressed, even well‐intentioned policy reforms such as SANE programs may end up undermining—rather than enhancing—fair and thorough investigation of sexual assault allegations.     

Managing in the contemporary world: rape victims' and supporters' experiences of barriers within the police and the health care system in Tanzania

Grounded theory guided the analysis of 30 in-depth interviews with raped women and community members who had supported raped women in their contact with the police and health care services in Tanzania. The aim of this study was to understand and conceptualize the experiences of the informants by creating a theoretical model focusing on barriers, strategies, and responses during the help seeking process. The results illustrate a process of managing in the contemporary world characterized as walking a path of anger and humiliation. The barriers are illustrated by painful experiences of realizing it's all about money, meeting unprofessionalism and irresponsibility, subjected to unreliable services, and by being caught in a messed-up system. Negotiating truths and knowing what to do capture the informants' coping strategies. The study indicates an urgent need for improvement in the formal procedures of handling rape cases, improved collaboration between the police and the health care system, as well as specific training for professionals to improve their communication and caring skills.     

Juror background characteristics and attitudes toward rape

Although numerous writers have discussed the importance of and link between juror characteristics and juror decisions in rape trials, anempirical investigation of the relationships between these characteristics and juror verdicts has not been made. Using data obtained from a sample of 896 citizens serving as mock jurors, the principal focus of the present research was on the correlations of jurors' background characteristics and their attitudes toward rape with their decisions in a simulated rape case. Results of the study showed that the jurors' background and attitudinal variables were associated with their decisions. In addition, the pattern of the correlations was quite stable as the characteristics of the case evaluated (in terms of defendant and victim race, victim physical attractiveness, victim sexual experience, strength of evidence presented, and type of rape committed) were found to have only negligible effects on these relationships. Other tests showed that only the attitudinal variables accounted for differences in the jurors' decisionsafter characteristics of the case had been considered. Further, as compared to background data, the jurors' views of rape were the most important predictor of their decisions. Implications of the role of jurors' views of rape in jurors' decisions in rape trials and the use of rape attitudes for selecting jury members in rape cases discussed.     

Here we go round the review-go-round: Rape investigation and prosecution—are things getting worse not better?

Abstract

Despite numerous reviews, reports and commissions of inquiry, the investigation and prosecution of rape cases remains fraught. Victims are still ambivalent about reporting incidents of sexual violence, while those who do often struggle to be believed and have their cases progress through justice systems. This paper explores some of the reasons why promised reforms materialise so rarely into tangible benefits for the majority of rape complainants, and focuses on six areas: reporting, attrition, adversarial justice systems, victim support, specialisation and attitudes. These are canvassed with particular reference to examples from England and New Zealand demonstrating the barriers to substantive reform and the ways in which gender inequalities and patriarchal beliefs continue to impact upon both the prevalence of sexual violence as well as state responses to its occurrence. The paper contains a cautionary message regarding the potential dangers involved in accepting the rhetoric of reform while the underlying realities remain little changed.