The genuine victim and prosecutors’ charging decisions in sexual assault cases

This study examined the effect of victim characteristics and evidence factors on prosecutors’ decisions to file charges in sexual assault cases. Social scientists and legal scholars argue that sexual assault case processing decisions are affected by stereotypes of real rapes and genuine victims. They assert that complainants whose backgrounds and behavior conform to the image of a genuine victim will be taken more seriously, and their allegations treated more seriously, than complainants whose backgrounds and behavior are at odds with this image. We used a sample of arrests for sexual assault made by the Detroit Police Department in 1989 to test these assertions. We combined six victim characteristics to create a genuine victim scale, and we examined the effect of this scale, as well as a number of evidence factors, on prosecutors’ charging decisions. We performed separate analyses on cases with child victims and cases with adolescent or adult victims. We found that the genuine victim scale did not influence charging decisions in cases with child victims, but was theonly significant predictor in cases involving adolescent or adult victims. In contrast, none of the four evidence factors affected charging in cases with adult victims, and only one of these factors was related to charging in cases involving children. These findings suggest that prosecutors attempt to avoid uncertainty by screening out sexual assault cases unlikely to result in a conviction because of questions about the victim’s character, the victim’s behavior, and the victim’s credibility. This paper is based on work supported by the National Science Foundation under Grant No. SES-9010826. Points of view are those of the authors and do not necessarily represent the position of the National Science Foundataion.     

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.     

Genius is 1% inspiration and 99% perspiration … or is it? An investigation of the impact of motivation and feedback on deception detection

Purpose . Although most people perform around the level of chance in making credibility judgments, some researchers have hypothesized that high motivation and the provision of accurate feedback could lead to a higher accuracy rate. This study examined the influence of these factors on judgment accuracy and whether any improvement following feedback was related to social facilitation, a gradual incorporation of successful assessment strategies, or a re‐evaluation of ‘tunnel vision’ decision‐making. Methods . Participants (N = 151) were randomly assigned to conditions according to motivation level (high/low) and feedback (accurate, inaccurate or none). They then judged the credibility of 12 videotaped speakers either lying or telling the truth about a personal experience. Results . Highly motivated observers performed less accurately (M = 46.0%), but more confidently, than those in the low‐motivation condition (M = 60.0%). Although there was no main effect of feedback, the provision of any feedback (accurate or inaccurate) served to diminish the motivational impairment effect. Further, high motivation was associated with a relatively low ‘hit’ rate and high ‘false‐alarm’ rate. This suggested that in the absence of feedback the judgments of highly motivated participants were made through tunnel vision. Conclusions . The results suggest that it is important for lie‐catchers to monitor their motivation level to ensure that over‐enthusiasm is not clouding their judgments. It may be useful for professionals engaged in deception detection to regularly discuss their judgments with colleagues as a form of feedback in order to re‐evaluate their own decision‐making strategies.     

Legal aspects of sexual violence—Does forensic evidence make a difference?

A survey was done of 307 alleged victims of sexual violence reported to the police departments in Greater Aarhus, Denmark, in 1999–2004. The legal disposition was ascertained and related to victim and assault characteristics together with the forensic medical and laboratory findings. The police pressed charges in more than half of the cases and 11% turned out to be false allegations. Nineteen percent of all cases ended with sentencing of the defendant. Sperm was detected in 35% of the examined and analysed cases, and in 46% consumption of alcohol prior to the assault was reported. Information in the forensic report regarding injury documentation, intoxication, and detection of sperm and DNA match between victim and alleged assailant did not aid in the prosecution of the case. Severe coercion used by the assailant increased the likelihood of conviction. Intoxication estimation and sperm detection suffered from low sensitivity compared with laboratory analyses. Results suggest the need for new research and optimising the sexual assault examination protocol to strengthen the legal impact of forensic evidence.     

Legal aspects of sexual violence--does forensic evidence make a difference?

A survey was done of 307 alleged victims of sexual violence reported to the police departments in Greater Aarhus, Denmark, in 1999-2004. The legal disposition was ascertained and related to victim and assault characteristics together with the forensic medical and laboratory findings. The police pressed charges in more than half of the cases and 11% turned out to be false allegations. Nineteen percent of all cases ended with sentencing of the defendant. Sperm was detected in 35% of the examined and analysed cases, and in 46% consumption of alcohol prior to the assault was reported. Information in the forensic report regarding injury documentation, intoxication, and detection of sperm and DNA match between victim and alleged assailant did not aid in the prosecution of the case. Severe coercion used by the assailant increased the likelihood of conviction. Intoxication estimation and sperm detection suffered from low sensitivity compared with laboratory analyses. Results suggest the need for new research and optimising the sexual assault examination protocol to strengthen the legal impact of forensic evidence.     

Seeing is believing: observer perceptions of trait trustworthiness predict perceptions of honesty in high-stakes emotional appeals

Instantaneous first impressions of facial trustworthiness influence the manner in which observers evaluate ensuing information about stranger targets [e.g. Porter, S., &; ten Brinke, L. (2009). Dangerous decisions: A theoretical framework for understanding how judges assess credibility in the courtroom. Legal and Criminological Psychology, 14, 119–134. doi:10.1348/135532508X281520]. In two studies, we examined the association between perceptions of general trustworthiness and honesty assessments in an extremely high-stakes sample – individuals publicly pleading for the return of a missing relative, half of whom had killed the missing individual. In Study 1, observers (N?=?131) provided trustworthiness ratings – either before or after viewing and evaluating the honesty of videotaped or audio-only pleas – for a still image that depicted a neutral expression on the face of each pleader. In Study 2, observers (N?=?220) evaluated the sincerity of audio pleas paired either with an untrustworthy-looking target, a trustworthy-looking target, or no target face. Collectively, our findings indicated that first impressions of trait trustworthiness form the basis of state judgments of honesty, potentially contributing to misguided credibility assessments and miscarriages of justice in the legal system.     

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 Truth Behind the Lies: The Complex Motivations for False Allegations of Sexual Assault

The issue of false allegations is arguably the most controversial topic in the area of sexual violence. Portrayals of women who make false allegations are largely negative and leave little room for a comprehensive understanding of the complex motivations behind false complaints of sexual assault. The current study uses detailed qualitative data on 55 sexual assault cases that were reported to the Los Angeles Police Department in 2008 and that were subsequently unfounded. Our study focuses on identifying the factors that motivated complainants to file false allegations. Results reveal that motivations for false allegations fall into five overlapping categories: avoiding trouble/providing an alibi, anger or revenge, attention seeking, mental illness, and guilt/remorse. In addition, our findings more obviously suggest that motivations for filing false reports are varied and complex, often resulting from a need to alleviate social and personal distress. Given that we centered our study on motivations, this research is more comprehensive than prior examinations of motivations that have tackled numerous facets of false sexual assault reports.     

Will get fooled again: Emotionally intelligent people are easily duped by high‐stakes deceivers

Purpose. There is major disagreement about the existence of individual differences in deception detection or naturally gifted detection ‘wizards’ (see O'Sullivan & Ekman, 2004 vs. Bond & Uysal, 2007 ). This study aimed to elucidate the role of a specific, and seemingly relevant individual difference – emotional intelligence (EI) and its subcomponents – in detecting high‐stakes, emotional deception. Methods. Participants (N= 116) viewed a sample of 20 international videos of individuals emotionally pleading for the safe return of their missing family member, half of whom were responsible for the missing person's disappearance/murder. Participants judged whether the pleas were honest or deceptive, provided confidence ratings, reported the cues they utilized, and rated their emotional response to each plea. Results. EI was associated with overconfidence in assessing the sincerity of the pleas and greater self‐reported sympathetic feelings to deceptive targets (enhanced gullibility). Although total EI was not associated with discrimination of truths and lies, the ability to perceive and express emotion (a component of EI), specifically, was negatively related to detecting deceptive targets (lower sensitivity [d′]). Combined, these patterns contributed negatively to the ability to spot emotional lies. Conclusions. These findings collectively suggest that features of EI, and subsequent decision‐making processes, paradoxically may impair one's ability to detect deceit.     

Psychopathy and deception detection using indirect measures

Purpose. The goal of the current study was to examine psychopathy and indirect measures of deception detection. Methods. Undergraduate students (N=444) viewed video clips of adult male offenders telling true and false stories about crimes. For each story, participants rated indirect measures of deception (thinking hard, nervousness, emotional arousal, and attempting to control behaviour) and credibility. Participants also chose the story they believed to be true and rated the confidence in their decision. Offenders were rated on the psychopathy checklist – revised. Results. Consistent with past research, deception detection accuracy was at chance level and unrelated to confidence. Ratings on indirect measures by undergraduates did not distinguish true and false statements in offenders. Psychopathic offenders were less successful at deception than non‐psychopathic offenders. Psychopathic traits were associated with lower perceived credibility during deception and ratings of thinking harder while lying. Conclusions. The results suggest that indirect measures of deception detection may be less useful in offender samples. Further, the findings are consistent with the general inability of psychopathic offenders to demonstrate superior deception skills in empirical studies. Indirect measures of deception uniquely related to psychopathic traits offer new insight into the relationship between psychopathy and deception.     

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.     

He‐said–she‐said: Contrast effects in credibility assessments and possible threats to fundamental principles of criminal law

Purpose. Some criminal trials turn on evaluations of credibility of the complainant and the accused. When credibility is based on how a witness testifies, an evaluation of one party should not influence an evaluation of the other party. If credibility evaluations are bidirectional, fundamental principles of criminal law may be offended. Methods. Six hundred and thirty seven undergraduates read a vignette that described a sexual assault (SA) or a motor vehicle accident (MVA). Karen, the complainant in the SA case and bystander witness in the MVA case, was described as 5, 13, or 20 years old. The vignette was a summary of the police investigation and, in three conditions, the trial. Trial information was manipulated in one of three ways: no information concerning how Karen testified, Karen's testimony was described positively (pro‐prosecution), or described negatively (anti‐prosecution). Participants then rated the perceived credibility of Karen and the accused (Bob) and the probability that Bob was guilty. Results. Karen was viewed more positively in the pro‐prosecution condition and more negatively in the anti‐prosecution. When Karen was judged to be less credible, Bob was rated as more credible and less likely to be guilty. When Karen was seen as more credible, Bob was viewed as more likely to be guilty. Conclusions. This bidirectional effect that the manner in which the prosecution witness testified affected perceptions of the accused and probability of guilt, in certain circumstances, may compromise fundamental principles of criminal law and be a reversible error. We offer possible solutions for future empirical testing.     

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.     

Expressed sexual assault legal context and victim culpability attributions

Legal scholars have argued that laws have an expressive function, specifically that sexual assault laws may convey social-level messages that victims are culpable for crimes against them. In a university sample, we conducted the first experimental test of legal scholars' proposal, hypothesizing that legal messages-specifically their clarity and effectiveness in conveying that sexual assault is a crime-affect victim culpability attributions. Results demonstrated that greater culpability was attributed to a victim of sexual assault within a context expressing unclear and ineffective sexual assault law than within a context clearly and effectively expressing that sexual assault is a crime. We also garnered empirical support for a mediation model, that is, negative affective reactions to a victim statistically accounted for the relationship between expressed legal context and victim culpability attributions. Implications for future psycholegal research and potential legal reforms are discussed.     

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.     

Error Rates in Forensic Child Sexual Abuse Evaluations

When mental health, medical, and social work professionals and paraprofessionals make false positive or false negative errors in their judgments about the validity of allegations of child sexual abuse, the consequences can be catastrophic for the affected children and adults. Because of the high stakes, practitioners, legal decision makers, and policy makers should have some idea of the magnitude and variability of error rates in this domain. A novel approach was used to estimate individual error rates for 110 professionals (psychologists, physicians, social workers, and others) who conduct or participate in forensic child sexual abuse evaluations. The median estimated false positive and false negative error rates were 0.18 and 0.36, respectively. Estimated error rates varied markedly from one participant to the next. For example, the false positive error rate estimates ranged from 0.00 to 0.83. These estimates are based on participants’ self-reported substantiation rates and on their subjective frequency distributions for the probability of truth for the abuse allegations they evaluate.     

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.     

Psychological factors influencing religious congregation members’ reporting of alleged sexual abuse

ABSTRACT

The sexual abuse of children within religious institutions has become a topic of increasing public concern in recent decades. However, to date there has been little in the way of psychological analyses of the processes by which congregation members judge the credibility of alleged abuses, or whether they would intend to report such allegations to the police. In this study, we examined the roles of ingroup identity, moral foundations, and social dominance orientation on reporting intentions and allegation credibility assessments among Church of England congregation members (n?=?454) and non-religious controls (n?=?457). While there were few predictors of reporting intentions, we found that churchgoers were consistently more sceptical of allegations of abuse, with these trends being differentially moderated by ingroup identification, the endorsement of various moral impulses, and anti-egalitarianism. We discuss our data in light of ongoing attempts to improve reporting procedures within the Church.