NCJ Number
81083
Date Published
1978
Length
159 pages
Annotation
A dissertation on the dynamics of rape trials examines psychological factors connected with rape and factors affecting deliberations during rape trials, particularly the effect of gender difference among jurors.
Abstract
A literature review outlines patterns of rape interaction, psychological theories on rape, and attitudes of the public and courts regarding rape, as well as legal requirements for establishment of the crime of rape and demographic factors affecting jury verdicts on rape. The review established that rape trial dispositions are sensitive to the evidence presented, to attitudes of all participants in the trial setting, and to other factors such as age, prior victimization, inadmissible evidence, and victim's attractiveness. The effects of gender difference among jurors on trial outcome are established by measuring the reactions of 5 12-member juries (university students) to the videotape simulation of a rape trial. Results show that the conservative attitudes of jurors prior to the trial affect their decisions on rape. Generally, jurors hold the woman responsible for her violation if she has already breached any of the conservative strictures regarding women's approved scope of behavior. The conservative standards of reasonable doubt assure that neither an innocent nor a guilty man would be convicted of a rape perpetrated without sensational features and with a minimum of physical harm. The author recommends that prosecutors include an expert witness on rape as a social phenomenon to counter the effects of juror misinformation regarding the nature and dynamics of rape. Individual women are also encouraged to become more assertive in jury deliberations. Notes, a bibliography, and sample instruments are furnished.