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Reacting to Rape: Exploring Mock Jurors' Assessments of Complainant Credibility

NCJ Number
227115
Journal
British Journal of Criminology Volume: 49 Issue: 2 Dated: March 2009 Pages: 202-219
Author(s)
Louise Ellison; Vanessa E. Munro
Date Published
March 2009
Length
18 pages
Annotation
Findings are presented from a study in which volunteers observed one of nine mini rape trial reconstructions and deliberated as a group towards a verdict.
Abstract
Findings from the study illustrate that concerns regarding the limits of current public understanding as to what constitutes a 'normal' reaction to sexual attack, and its possible implications in terms of juror assessments of complainant credibility in rape cases, were well founded. A number of assumptions were made regarding the instinct to fight back, the compulsion to report immediately, and the inability to control one's attendant emotions, and these assumptions clearly influenced the deliberations, and ultimately the verdict outcomes of many of the juries. Concern has long been expressed, in the United Kingdom and other countries, in regard to the legal processing of rape cases. Previous research has suggested that jurors may be influenced in their deliberations by a number of extra-legal stereotypes about 'appropriate' socio-sexual behavior. This study sought to subject each of the assertions to sustained empirical evaluation. The study explored the influence upon juror deliberation of key behavioral cues involving lack of resistance, delayed reporting, and calm complainant demeanor. References

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