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NCJRS Abstract

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NCJ Number: 136664 Find in a Library
Title: Date Rape and the Culture of Acceptance
Journal: Florida Law Review  Volume:43  Issue:3  Dated:(July 1991)  Pages:487-527
Author(s): S I Friedland
Date Published: 1991
Page Count: 51
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: Gender-based prejudice unfairly influences trials involving cases of date rape. The legal system's current response to the problem is inadequate and needs to change.
Abstract: Our society's ambivalence toward acquaintance rape is based on a special permissiveness regarding male sexual aggression against female social acquaintances; this permissiveness can be called a "culture of acceptance." This culture of acceptance, together with the stereotypes that it promotes, generates the attitudes that affect jury decisions. However, the current application of the rape laws ignores this prejudice. Therefore, an active attempt is needed at all stages of a trial to neutralize this latent prejudice. This effort should include both preventive and educational measures. The preventive measures should eliminate prejudiced jurors from the jury panel. The educational measures should use phenomenological methodology to clarify for jurors any nonverbal contextual evidence. Regardless of the measures used, courts must not permit attorneys or jurors to perpetuate latent gender biases. Footnotes
Main Term(s): Acquaintance rape; Sex discrimination
Index Term(s): Jury decisionmaking; Jury selection; Sex offense causes
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