Observer reactions to emotional victims of serious crimes: stereotypes and expectancy violations

Negative observer reactions towards victims may be related to people’s expectations of the characteristics and demeanor of an ideal victim. We examined how expressed emotion, victim sex, and type of victimization influence observers’ perceptions of victim credibility, victim character, and harm. Our hypothesis was that angry victims, male victims, and victims of sexual violence are perceived less positively than sad victims, female victims, and victims of physical violence. Additionally, we anticipated that expectancy violations following expressed agentic/high status, or passive/low-status emotions of the victim would lead to negative reactions. Participants (N?=?335) read a written victim impact statement, by a male or female victim of a sexual or physical assault, in which anger or sadness was expressed. The results show that observers generally respond more negatively to male victims than to female victims, and to victims expressing anger rather than sadness. However, a two-way interaction between expressed emotion and type of crime revealed that expressed emotion only significantly influences character derogation and victim credibility in cases of physical violence. Finally, emotion expectancy violations based on ex-ante expectations lead to derogation and diminished credibility. The discussion focuses on how emotion expectancy violations seem intimately tied to stereotype-ridden features of victimization.     

Predicting perceptions of date rape: an examination of perpetrator motivation, relationship length, and gender role beliefs

The purpose of the current study is to examine the influence of multiple offender motivations (including no indication of a motivation), relationship length, and gender role beliefs on perceptions of a male-on-female date rape. A sample of 348 U.S. college students read a brief vignette depicting a date rape and completed a questionnaire regarding their attributions about the victim (culpability, credibility, trauma, pleasure) and perpetrator (culpability, guilt, sentencing recommendations). Results indicate that providing observers with information about the perpetrator's motivation was associated with lower victim blame. Relationship length is not predictive of rape attributions. Egalitarian gender role attitudes are associated with lower levels of victim blame. Overall, gender role attitudes exert a more significant influence on rape attributions than participant gender. The findings suggest that knowledge of an offender's motivation as well as observers' gender role attitudes can influence attributions about the culpability of victims and perpetrators of date rape.     

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.     

Blame attributions and rape: Effects of belief in a just world and relationship level

Purpose. The blaming of rape victims can cause secondary victimization. It is of importance to investigate factor that might lead to victim blaming. This study investigated the effect of belief in a just world (BJW), gender of participant, and level of relationship closeness between victim and perpetrator on attributions of both victim and perpetrator blame. Methods. In a between‐subjects experiment, a community sample (N= 166) answered questions of victim blame and perpetrator blame after reading one of four scenarios, each depicting a different level of relationship between the victim and the perpetrator (strangers, acquaintances, dating, or married). Results. Overall, high levels of perpetrator blame and low levels of victim blame were found. Contrary to previous research, the victim of a stranger rape was blamed more than when the perpetrator was known to the victim. Furthermore, participants high on BJW attributed higher levels of victim blame and lower levels of perpetrator blame. Specifically, female participants high on BJW attributed most blame to a victim of stranger rape. Conclusions. In conclusion, BJW was a significant predictor of blame attributions, and relationship type is a variable that merits further research.     

Credibility of the emotional witness: A study of ratings by police investigators

Abstract

Credibility judgments by police investigators were examined. Sixty-nine investigators viewed one of three video-recorded versions of a rape victim's statement where the role was played by a professional actress. The statements were given in a free recall manner with identical wording, but differing in the emotions displayed, termed congruent, neutral and incongruent emotional expressions. Results showed that emotions displayed by the rape victim affected police officers’ judgments of credibility. The victim was judged as most credible when crying and showing despair, and less credible when being neutral or expressing more positive emotions. This result indicates stereotypic beliefs about rape victim behavior among police officers, similar to those found for lay persons. Results are discussed in terms of professional expertise.     

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.     

Complainant emotional expressions and perceived credibility: Exploring the role of perceivers’ facial mimicry and empathy

Purpose

This research investigated the roles of perceivers’ facial mimicry and empathy in the emotional victim effect (EVE) – the finding that complainants tend to appear more credible when exhibiting (vs. not exhibiting) negative emotional displays during their statements. Because facial mimicry plays a key role in empathic responding, it was hypothesized that inhibiting and facilitating perceivers’ mimicry would attenuate and amplify the EVE, respectively.

Methods

Participants (N = 362) in an experiment were instructed to mimic or not to mimic facial expressions (controls received no mimicry instructions) while watching a statement by an emotional or non‐emotional rape complainant. Participants rated the complainant's believability and the extent to which they experienced cognitive and affective empathy.

Results

The perceived believability of the complainant was not affected by complainant emotions, thus failing to replicate the EVE. However, the inhibition of mimicry unexpectedly reduced the perceived believability of the complainant, apparently by decreasing participants’ cognitive empathy.

Conclusions

The current findings suggest that mimicry inhibition may increase scepticism in the context of credibility assessment. This has important implications for decision‐making in legal settings and for research on the process of credibility attribution. Moreover, the failure to replicate the EVE adds to the cumulative evidence on the underlying effect size for the phenomenon.     

Racial Bias in Case Processing: Does Victim Race Affect Police Clearance of Violent Crime Incidents?

Prior studies have illustrated racial differences in perceptions of police legitimacy. African‐Americans’ views, however, appear to be complex, shaped by perceptions of over‐enforcement of crimes committed by African‐American offenders coupled with under‐enforcement of crimes involving African‐American victims. Using data from the 2002 National Incident‐Based Reporting System, we examine whether victim race (alone, and in combination with offender race) affects police case clearance of four types of violent criminal incidents (homicide, aggravated assault, rape, and robbery) as a potential explanation of African‐Americans’ reduced levels of support for the police. Results suggest that the race of the victim, particularly in combination with the race of the offender, is related to police clearance of violent criminal incidents, but that this relationship is not as strong as those between agency, offense type, and situational characteristics of the incident. Implications for research and policy on police—community relations are discussed.     

Social perception of rape victims

Since 1975, 40 states have enacted “rape shield” statustes which limit the admissibility of a rape victim's prior sexual history in court. These reforms have assumed that jurors regard prior sexual history evidence as much too probative of a victim's credibility and moral character, and that such perceptions have a prejudicial impact on the outcome of the jury decision process. The present research adopted an attributional analysis in order to examine the extent to which the types of legal reform affect social perception of the victim as well as the conviction rate in a videotaped consent defense rape trial. A large-scale jury simulation experiment was conducted with qualified jurors from the Minneapolis-St. Paul metropolitan area. Jurors either viewed an Improbable or Probable Likelihood of (victim) Consent version of the trial, with admission of prior sexual history evidence governed by one of three types of exclusionary rules. The results lend credence to the reformist contention that a rape victim is “on trial” along with the accused. Jurors were reluctant to convict when any testimony about prior sexual history was introduced. Moreover, jurors' close scrutiny of the victim's credibility and moral character was directly related to the conviction rate. Only the most restrictive evidentiary rule, when applied to an Improbable Consent case, curtailed the inference of victim consent, enhanced victim credibility, and increased the likelihood of conviction. Some of the legal and attributional implications of these findings were discussed.     

Rape Victim Advocates' Knowledge and Insight on Rape Laws

Abstract

Although previous literature details the successes and failures of reforms of rape laws designed to better support and protect victims, there is a lack of research on rape victim advocates' knowledge of and views about rape laws. It is essential that we understand advocates' level of legal knowledge because they may be the first or only source of legal information for victims. Based on analysis of interviews with 58 rape victim advocates serving six rape crisis centers in four East coast states, this article explores advocates' knowledge about rape laws, possible reasons for limited knowledge, and perceptions about various laws that aim to protect rape victims. This research suggests that although advocates have a somewhat limited grasp of laws intended to aid rape victims, they have an overall negative view of the legal system.     

Why Emotions Matter: Expectancy Violation and Affective Response Mediate the Emotional Victim Effect

The mechanisms behind the ‘emotional victim effect’ (i.e., that the emotionality of a rape victim’s demeanor affects perceived credibility) are relatively unexplored. In this article, a previously neglected mechanism—observers’ affective response to the victim—is proposed as an alternative to the traditional expectancy-violation account. The emotional victim effect was replicated in an experiment with a sample of police trainees (N = 189), and cognitive load was found to increase the magnitude of the effect. Importantly, both compassionate affective response and expectancy violation actively mediated the emotional victim effect when the other mechanism was controlled for. These findings extend previous research on credibility judgments by introducing a ‘hot’ cognitive component in the judgment process. Theoretical and practical implications are discussed.     

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.     

The measurement of concern about victims: Empathy,victim advocacy and the Victim Concern Scale (VCS)

Purpose . In a series of studies, the authors developed the Victim Concern Scale (VCS) to assess levels of concern for diverse types of crime victims. The goal was to derive a psychometrically sound instrument and to assess victim concern in relation to other crime‐related attitudes and victim advocacy endorsements. Methods . Through several scale iterations, participant responses to the VCS were examined. Participants also completed measures of empathy and provided judgments about specific victim/crime scenarios. In addition, in two large samples (college [N = 276] and community [N = 478]), victim concern was compared with other attitudes, attributions and participant demographics. Results . Participants readily distinguished among different victims. Four factors emerged from the VCS. Raters endorsed the highest levels of concern for victims of violent crimes and the lowest level for ‘culpable’ victims. Women and older respondents showed higher levels of concern across all categories of victims. Both victim concern and emotional empathy influenced advocacy responses to victimization. Victim concern was unrelated to such traits and attitudes as authoritarianism, political ideology or punishment goals; moreover, a high level of concern for victims did not preclude endorsement of rehabilitative goals for offenders. Conclusions . The VCS appears to be a valid instrument for assessing levels of concern for victims. It differs meaningfully from measures of general empathy. The VCS could be used to assess differential attitudes across demographic groups or as a measure of change following exposure to educational or other persuasive intervention.     

Dirty tricks of cross-examination

A mock jury study was conducted to test the hypothesis that perceptions of a witness can be biased by presumptuous cross-examination questions. A total of 105 subjects read a rape trial in which the cross-examiner asked a question that implied something negative about the reputation of either the victim or an expert. Within each condition, the question was met with either a denial, an admission, or an objection from the witness's attorney. Results indicated that although ratings of the victim's credibility were not affected by the presumptuous question, the expert's credibility was significantly diminished—even when the question had elicited a denial or a sustained objection. Conceptual and practical implications of these findings are discussed.This research was supported by funds provided to the first author by the Bronfman Science Center.     

Marital Rape: Is the Crime Taken Seriously Without Co-occurring Physical Abuse?

This vignette study was conducted to determine how observers' beliefs about marital rape are altered by the knowledge of a prior history of husband-to- wife physical violence. Participants (n = 50 college students) read three different marital rape situations; in one situation the husband had been physically violent in the past; in another he had not. In the third situation, participants were not given any information about the physical abuse history between the spouses. As expected, participants blamed the victim most for the marital rape and minimized the seriousness of the rape when they had been told that there was not a prior history of husband-to-wife physical abuse. These findings suggest that observers use a physical violence history to establish the coercion needed to determine that marital rape had occurred. The legal implications of these findings are discussed.     

Appropriately Upset? Emotion Norms and Perceptions of Crime Victims

Victims who express less emotion in response to a crime are perceived as less deserving, less sympathetic, and they have less punishment assigned to the offender who committed the crime. This study considers the extent to which emotion norms underlie perceptions of victims who testify. Two studies investigate the circumstances in which emotional reactions to a crime are seen as "unusual" and whether a more general emotion norm underlies responses to victim testimony. We test a "victim-role" norm against a "proportionality" norm by crossing the severity of victim's emotional response (severe or mild) with the seriousness of a crime (serious or less serious). Results across two studies lend greater support to the notion that people expect victims to match the intensity of their emotional response to the seriousness of the event (i.e., a proportionality rule), although we also find instances in which expectations of the victim are not strong. Gender of the victim exhibited small and contingent effects. We discuss the relevance of emotion norms to legal settings.     

The impact of extralegal factors on perceived credibility of child victims of sexual assault

ABSTRACT

The study examined the impact of victim age, victim gender, and perpetrator gender, across five domains of witness credibility: accuracy, believability, competency, reliability and truthfulness. The study also investigated which of these sub-constructs is the best predictor of guilt. 231 adult lay-people completed a survey measuring perceived credibility. Victim age emerged as having the most consistent effect, with the 5- and 10-year-old victims rated as more credible than the 15-year-old victim. Despite their legal incapacity to consent to sex, 15-year-old victims appear to be viewed as ‘quasi-adults’. Victims were rated as more accurate and truthful when the defendant was male compared to when the defendant was female. This may be due to the availability heuristic, as cases involving female defendants are less common. A significant main effect for victim gender was found for the competency sub-construct, such that males were rated as more competent than females. This result suggests that gendered attitudes and stereotypes may begin in childhood and extend to complainants of sexual assault. Main effects for accuracy and truthfulness, were qualified by three-way interaction effects. The five-factor model of perceived credibility accounted for 42% of variance in guilt perceptions, with truthfulness emerging as the strongest predictor of guilt.     

Sexual assault nurse examiners' perceptions of their relationship with doctors, rape victim advocates, police, and prosecutors

In response to the negative and inefficient treatment of rape victims by emergency room personnel, the first Sexual Assault Nurse Examiner (SANE) programs began in the late 1970s. While SANEs, doctors, rape victim advocates, police officers and prosecutors work together to ensure the most comprehensive and sensitive care of rape victims, they all have very different roles and objectives. This research explores SANEs' perceptions of their relationships with other professionals who treat or interact with rape victims. Data from interviews with 39 Sexual Assault Nurse Examiners from four East Coast states indicate positive relationships are marked by open communication, respect shown towards SANEs as well as rape victims, and a sense of appreciation among SANEs. On the contrary, negative relationships result when SANEs believe police treat victims poorly, when advocates overstep boundaries and question SANEs about evidence collection or the exam, and when prosecutors fail to properly prepare them to testify during a trial.     

Sidetracked by emotion: Observers’ ability to discriminate genuine and fabricated sexual assault allegations

Purpose. Assessing the credibility of reports of sexual victimization – often in the absence of corroboration – presents a significant challenge for legal decision makers. This study examined the accuracy of observers in discriminating genuine and fabricated sexual assault allegations. Further, we examined whether individual differences and cue utilization strategies influenced deception detection accuracy. Methods. Observers (N= 119) evaluated eight (four truthful and four deceptive) written allegations of sexual assault (counterbalanced), and completed a Credibility Assessment Questionnaire (CAQ) and individual differences measures. Results. Results indicated that overall accuracy was below chance (M= 45.3%), and a truth bias was evidenced. Examining the Big Five personality traits, we found that openness to experience and neuroticism were positively associated with accuracy, whereas extraversion was negatively related to accuracy. Further, judgement confidence was negatively associated with accuracy. Conclusions. The present study offers insights into observers’ perceptions of credibility regarding real‐life sexual assault allegations. Implications for legal decision making are discussed.