Explaining gender differences in jurors' reactions to child sexual assault cases

Alcohol Use, Rape Myth Acceptance, Rape Empathy, and Sexual Assault History Influence the Believability of a Hypothetical Victim's Report of Sexual Assault

College sexual assault is a common problem, and survivors often do not report their experience to college campus officials or law enforcement for fear of not being believed. This study examined how contextual factors such as alcohol use and whether the perpetrator was described as a student-athlete or student, and rater characteristics, such as the history of sexual assault and attitudes toward rape, influenced college students' perceptions of the believability of a hypothetical victim's sexual assault account. In all, 449 (N = 449) undergraduates read a vignette describing a hypothetical sexual assault and were assigned randomly to one of four conditions with varying contextual features: college athlete-no alcohol, college athlete-alcohol, college student-no alcohol, or college student-alcohol. They then rated how much they believed the victim in the vignette had been raped (0 [not at all] to 100 [completely]). The presence of alcohol use in the vignette was associated with lower ratings of believability, and participants who were higher in rape myth acceptance and lower in rape empathy rated the hypothetical victim's rape account as less believable. In addition, women who had been raped previously rated the victim in the vignette as more believable than women with no history of sexual assault. Implications for how college campuses might respond more effectively to reported sexual assaults are discussed.

Impacts of Victim Resistance and Type of Assault on Legal Decision-Making in Child Sexual Assault

Prior studies have examined the effects of victim resistance and type of assault (attempted or completed) on perceptions of adult rape cases. However, research has not yet tested whether these findings extend to verdicts rendered in child rape cases, nor has research focused on how perceptions of victim and defendant characteristics in child rape cases may contribute to legal decision-making. In the present study, a 2 (attempted or completed sexual assault) x 3 (victim resistance: verbal-only, verbal with outside interruption, or physical) x 2 (participant sex) between-participant design was used to assess legal decision-making involving a hypothetical criminal case of child rape, with a six-year-old female victim and a 30-year-old male perpetrator. Three-hundred and thirty-five participants read a criminal trial summary and answered questions about the trial, the victim, and the defendant. Results revealed that: (a) when a victim physically resisted, compared to verbally resisted, more guilty judgments were rendered, (b) when the victim physically resisted, higher ratings for aggregated factors for Victim Credibility and Negative Perceptions of the Defendant were given, leading to more guilty verdicts, and (c) female participants were more likely than male participants to render a guilty verdict. No differences in verdict rendered between the verbal with interruption (e.g., knocking on door) and verbal-only conditions were found, nor did type of assault lead to differences in verdict rendered. Implications for child sexual assault cases and the courtroom, as well as implications for practitioners, are provided.

Juror characteristics on trial: Investigating how psychopathic traits, rape attitudes, victimization experiences, and juror demographics influence decision-making in an intimate partner rape trial

INTRODUCTION

Trial by jury is a longstanding legal tradition used in common law jurisdictions to try the most serious of criminal cases. Yet, despite hearing the same trial evidence, individual jurors often arrive at different verdict decisions, indicating that they may be impacted by more than the evidence presented at trial. This study therefore sought to investigate the role of jurors' psychopathology, attitudinal, experiential, and demographic characteristics upon individual verdict decisions.

METHODS

Adopting an improved mock trial paradigm, 108 jury-eligible participants took part in one of nine identical 12-person mock trial simulations depicting a videotaped recreation of an intimate partner rape trial. Pre-trial, mock-jurors completed a psychosocial survey capturing their psychopathic personality traits (affective and cognitive responsiveness, interpersonal manipulation; egocentricity), rape myth beliefs, victimization experiences and demographics. Post-trial, jurors deliberated to reach a collective group decision and individual verdict decisions were recorded pre- and post-deliberation.

RESULTS

Binary logistic regression analyses revealed rape myth beliefs and juror ethnicity were significantly related to verdict decisions both pre- and post-deliberation. Post-deliberation, decreased affective responsiveness (empathy) and experience of sexual victimization were also found to be significant predictors of guilty verdict selections.

DISCUSSION

These findings indicate for the first time that within an intimate-partner rape trial, certain psychosocial traits, crime-specific attitudes, and experiences of sexual victimization appear to predispose juror judgments and decision-making even after group-deliberation. This study therefore has important implications for understanding how individual differences among jurors may impact rape trial verdict outcomes and the need for targeted juror reforms.

Jurors' Gender and Their Fear of False Child Sexual Abuse Accusations Are Related to Their Belief in Child Victims' Allegations

We developed the first Fear of False Accusations scale, measuring the public's fear of personally being the target of untrue child sexual abuse allegations despite no actual wrongdoing as well as the fear of false allegations being a common problem in society. The scale was statistically reliable within a diverse sample of 964 participants. Several months later, in an ostensibly unrelated mock trial experiment, a subset of the participants assumed the role of mock juror and considered a criminal case involving an accusation of child sexual abuse. As predicted, (a) mock jurors with higher levels of fear were less likely than others to believe a specific child sexual abuse allegation (but did not differ in ratings of victim credibility nor responsibility), (b) men had significantly higher levels of this fear than did women, and (c) mediational analyses revealed that gender differences in fear partially explained men's tendency to believe the child abuse allegation less than women did. This research is important for developing the first empirically validated measure of fear of false accusation and linking this fear to perceptions of specific child sexual abuse allegations, and for finding a partial explanation for gender differences in mock jurors' reactions to child sexual abuse allegations.

The Influence of Gender on Perceptions of Culpability and Victim Status in Statutory Rape Offenses Involving Teachers

Perceptions of child sexual abuse and statutory rape vary based on the gender of the victim, the perpetrator, and the combination of both. We extend existing research to examine attributions of responsibility and punitive preferences for student victims in student-teacher sexual relationships contingent on the gender dyad of the student and teacher and the interaction between the gender dyad and respondent gender. Participants (N = 648) were randomly assigned to vignettes wherein the gender of the student and teacher were manipulated (female teacher/male student; female teacher/female student; male teacher/female student; male teacher/male student). Overall, respondents were "pro-victim," though results indicate significant differences in respondent gender and how the gender dyads were perceived. Students in the male same-sex dyads were attributed less responsibility than other students. Furthermore, men were less likely to perceive the student as a victim, and women were more likely to indicate the student should be punished.

Abuse Is Abuse: The Influence of Type of Abuse, Victim Age, and Defendant Age on Juror Decision Making

The purpose of the current study was to examine the role of victim age, defendant age, and type of abuse on mock juror decision making. Mock jurors (N = 556) read a trial transcript in which a soccer coach was accused of sexual abuse or physical abuse against a player. The victim's age (child, adolescent, or young adult), the defendant's age (young, middle age, or older adult), and the type of abuse (sexual or physical) were varied. Mock jurors provided a dichotomous and continuous verdict and rated their perceptions of the victim and the defendant. Although no differences on mock jurors' dichotomous verdict were found due to victim age, defendant age, or type of abuse, mock jurors provided higher guilt ratings when the abuse was sexual and both the victim and defendant were described as young adults. Similarly, mock jurors rated the victim more positively when the victim was described as a young adult (vs. child) for both sexual and physical abuse cases, and rated the defendant more positively when the victim was described as a child compared with young adult in sexual abuse cases. These findings suggest that mock jurors were largely influenced by victim age, particularly when the victim was described as an adult compared with a child.

"I Didn't Do That!" Event Valence and Child Age Influence Adults' Discernment of Preschoolers' True and False Statements

Justice can hinge on adults' abilities to distinguish accurate from inaccurate child testimony. Yet relatively little is known about factors that affect adults' abilities to determine the accuracy of children's eyewitness reports. In this study, adults (N = 108) viewed videoclips of 3- and 5-year-olds answering open-ended and leading questions about positive and negative actually experienced ("true") events or never experienced ("false") events that the children either affirmed or denied. Analyses revealed that adults were more accurate at determining the veracity of negative compared with positive incidents, particularly when children said that they had experienced the event. Moreover, adults' accuracy was at chance for older children's false denials. Psycholegal implications are discussed.

The Failure of All Mothers or the Mother of All Failures? Juror Perceptions of Failure to Protect Laws

Failure to protect laws have been an area of interest among legal scholars, child and domestic violence advocates, and the social work and psychology fields with varying focuses on the societal underpinnings of the laws and their application. Despite the pervasive legal literature on "mother blaming" and the revictimization of battered women that these laws engender, few studies have empirically examined if "mother blaming" occurs in these cases, or if battered women are treated more harshly. The aim of the present study was to investigate the impact of defendant sex and presence of domestic violence on mock juror decision making in a failure to protect case. The influences of juror sex on decision making were also examined. Jury eligible community members read a summary of a case in which the defendant was charged with failing to protect their child from a third-party abuser. The sex of the defendant and the presence of domestic violence were manipulated. Participants then rendered a verdict, provided sentencing recommendations, and responded to attitudinal questions about the defendant and perpetrator. Mock jurors were more likely to find the defendant guilty and view the defendant more negatively when the defendant had been the victim of domestic violence. Defendant sex did not affect outcome measures; however, female jurors were more punitive than male jurors. Results are discussed in terms of "victim blaming" and labeling theory of intimate partner violence.

When jurors' moral judgments result in jury nullification: moral outrage at the law as a mediator of euthanasia attitudes on verdicts

In a mock-trial study, jurors read evidence about a doctor who had killed a terminally ill patient at the patient's request. We tested whether instructing jurors about jury nullification (ie jurors' power to return a not-guilty verdict even when legal guilt is beyond doubt, often because the law would result in unjust convictions) would exacerbate the effect of pre-trial euthanasia attitudes on their verdicts - compared to standard, pattern jury instructions. We also hypothesized that anti-euthanasia pre-trial attitudes would result in moral outrage at the defendant and higher conviction rates, but pro-euthanasia attitudes would prompt feelings of moral outrage at the law and lower conviction rates. Moderated mediation analyses revealed that nullification instructions bolstered the effect of attitudes on verdicts by encouraging jurors to rely on their feelings of moral outrage toward the defendant. Jurors' moral outrage toward the law mediated the effect of attitudes on verdicts regardless of nullification instructions.

The Lived Experiences of Non-Offending Fathers with Children Who Survived Sexual Abuse

A non-offending father figure plays an integral role in the healing process of a child who survived sexual abuse. However, becoming aware of the sexual abuse can significantly affect non-offending father figures and therefore impact their ability to properly support and care for the survivor. We sought to better understand the non-offending father figures' reactions to the aftermath of sexual abuse of their children. Using an existential-phenomenological approach, we offered a platform for non-offending father figures to share their stories. Through the interviews, we found five major themes, which include: "Guilt, anguish, and stigma", "Hypervigilance and competing demands of fathering", "Who can we trust?", "Refocusing on the family", and "Picking up the pieces". Based on this and previous studies, non-offending father figures experience psychological pain in the aftermath of the disclosure of sexual abuse, they deal with competing demands of various fatherly roles, and they prioritize supporting the family through the healing process. The findings suggest that the psychological well-being of the non-offending father figures can benefit the family. Therefore, mental health treatment protocols addressing father figures' needs can contribute to a sexual abuse treatment model that encourages paternal involvement in the care of children with a sexual abuse history.

The effects of body-worn camera footage and eyewitness race on jurors' perceptions of police use of force

Police use of body-worn cameras (BWCs) is increasingly common in the USA. This article reports the results of one of the first experimental examinations of the effects of three BWC status conditions (absent, transcribed, viewed) and eyewitness race (Black, White) on mock jurors' case judgments, in a case in which a community member (defendant) was charged with resisting arrest but where the officer's use of force in conducting the arrest was controversial. Results provide evidence of significant main effects of both eyewitness race and BWC status. When the eyewitness supporting the defendant was White, mock jurors were less likely to vote the defendant guilty of resisting arrest, as well as more likely to consider the defendant credible and the officer culpable for the incident. In addition, when BWC footage of the arrest was viewed, compared with transcribed or absent, participants were less likely to vote the defendant guilty of resisting arrest, and also rated the officer's use of force less justifiable, and the officer more culpable and less credible. Follow-up analyses demonstrated that these relationships between BWC condition and case judgments were all mediated by moral outrage toward the officer.

Measurement of Victim Credibility in Child Sexual Assault Cases: A Systematic Review

While the concept of credibility seems like an intuitive one, research has indicated that there is no consistent definition of this construct and that credibility may, in fact, be multidimensional. This article is the first to review how the measurement of credibility in child sexual assault cases has been conducted, with the view to improve how credibility is psychometrically measured. Our findings indicate that the majority of experiments have been conducted in the United States (67%), have been based primarily on undergraduate students as participants (67%), and primarily investigated cases involving a male defendant and female victim (69%). Ultimately, among experiments investigating victim credibility, approximately 60% of all measures were based on a single item and 53% used materials not based on the testimony of the child. Moreover, credibility has been measured using a great variety of constructs such as believability, honesty, truthfulness, suggestibility, accuracy, and reliability. A more nuanced and consistent definition of credibility will be needed to facilitate meaningful applications of the research literature.

The effects of gender, personal trauma history and memory continuity on the believability of child sexual abuse disclosure among psychologists

Gender, a personal history of trauma and attitudes towards continuous vs recovered memories of abuse significantly impact the believability of Child Sexual Abuse (CSA) disclosures in community samples. Yet, whether these variables influence the believability of CSA disclosure and subsequent clinical decisions made by practicing psychologists is underexplored. A vignette of trauma disclosure from a hypothetical adult client was presented via an online survey to 292 registered psychologists. Participants rated the believability of the disclosure, answered an open-ended item regarding treatment planning, and completed the Brief Betrayal Trauma Survey to measure personal trauma history. Results indicated that female psychologists believed disclosures significantly more than male psychologists and that disclosures comprised of continuous memories were believed more than recently recovered memories. A significant interaction between gender and personal trauma history was also revealed. Female psychologists believed disclosures regardless of their personal trauma history, while male psychologists with a personal history of trauma believed disclosures significantly more than male psychologists without personal trauma history. Reported believability of the disclosure, while unrelated to treatment planning, was associated with a reported intention to validate the client's experience. The results support that, similar to community samples, gender and a personal trauma history impact psychologist believability of CSA disclosure. The research further supports that psychologist level of belief then translates into clinical implications.

Professionals' Attitude Toward Reporting Child Sexual Abuse in Saudi Arabia

Child sexual abuse (CSA) requires specialized knowledge and training that includes forensic interview skills. The aim of this study was to determine variations in professionals' attitudes toward CSA by measuring three aspects of forensic attitudes (sensitivity, specificity, and skepticism) and evaluating disagreements concerning the assessment of CSA cases in Saudi Arabia. A cross-sectional, web-based study, in which the Child Forensic Attitude Scale was used to measure professionals' attitudes, was conducted. Professionals who dealt with suspected cases of CSA as part of their jobs or were in professions that necessitated involvement with such cases, were selected as participants. Of 327 participants, 53% were aged ≤40 years, and 54% were men. In addition, 24% were doctors/nurses, 20% were therapists/psychiatrists, 24% were social workers, 17% were educators, 9% were law enforcement professionals, and 5% were medical examiners. Attitude subscale scores differed significantly according to participants' sex, specialty, and training. Women, healthcare professionals, and those who had participated in more than five training courses were more concerned about the underreporting of abuse (high sensitivity) relative to other professionals. In comparison, men, medical examiners, law enforcement officers, and undertrained professionals tended to underreport suspected sexual abuse cases (high specificity). High specificity in attitudes toward suspected cases of CSA could affect professionals' judgment and contribute to low reporting rates. Certain strategies, including increasing self-awareness of personal bias, specific CSA recognition courses, and team approaches to case assessment and management, should be implemented to control the influence of subjective factors.

Accuracy, Confidence, and Experiential Criteria for Lie Detection Through a Videotaped Interview

An individual's ability to discriminate lies from truth is far from accurate, and is poorly related to an individual's confidence in his/her detection. Both law enforcement and non-professional interviewers base their evaluations of truthfulness on experiential criteria, including emotional and expressive features, cognitive complexity, and paraverbal aspects of interviewees' reports. The current experimental study adopted two perspectives of investigation: the first is aimed at assessing the ability of naïve judges to detect lies/truth by watching a videotaped interview; the second takes into account the interviewee's detectability as a liar or as telling the truth by a sample of judges. Additionally, this study is intended to evaluate the criteria adopted to support lie/truth detection and relate them with accuracy and confidence of detection. Results showed that judges' detection ability was moderately accurate and associated with a moderate individual sense of confidence, with a slightly better accuracy for truth detection than for lie detection. Detection accuracy appeared to be negatively associated with detection confidence when the interviewee was a liar, and positively associated when the interviewee was a truth-teller. Furthermore, judges were found to support lie detection through criteria concerning emotional features, and to sustain truth detection by taking into account the cognitive complexity and the paucity of expressive manifestations related with the interviewee's report. The present findings have implications for the judicial decision on witnesses' credibility.

Individual versus group decision making: Jurors' reliance on central and peripheral information to evaluate expert testimony

To investigate dual-process persuasion theories in the context of group decision making, we studied low and high need-for-cognition (NFC) participants within a mock trial study. Participants considered plaintiff and defense expert scientific testimony that varied in argument strength. All participants heard a cross-examination of the experts focusing on peripheral information (e.g., credentials) about the expert, but half were randomly assigned to also hear central information highlighting flaws in the expert's message (e.g., quality of the research presented by the expert). Participants rendered pre- and post-group-deliberation verdicts, which were considered "scientifically accurate" if the verdicts reflected the strong (versus weak) expert message, and "scientifically inaccurate" if they reflected the weak (versus strong) expert message. For individual participants, we replicated studies testing classic persuasion theories: Factors promoting reliance on central information (i.e., central cross-examination, high NFC) improved verdict accuracy because they sensitized individual participants to the quality discrepancy between the experts' messages. Interestingly, however, at the group level, the more that scientifically accurate mock jurors discussed peripheral (versus central) information about the experts, the more likely their group was to reach the scientifically accurate verdict. When participants were arguing for the scientifically accurate verdict consistent with the strong expert message, peripheral comments increased their persuasiveness, which made the group more likely to reach the more scientifically accurate verdict.

The influence of sex on mock jurors' verdicts across type of child abuse cases

This study examined the influence of victim sex, mock juror sex, and type of child abuse (physical, sexual, emotional, and neglect) on mock jurors' assessments of eyewitness and defendant integrity, continuous guilt ratings, dichotomous verdicts, and sentencing recommendations. Participants read one of eight versions of a trial transcript and then answered a self-report questionnaire. Female mock jurors were significantly more likely to find the defendant guilty overall. Moreover, female mock jurors recommended significantly longer sentences for defendants in sexual abuse cases; whereas, male mock jurors recommended significantly longer sentences for defendants in sexual and physical abuse cases. Male mock jurors perceived the defendant more favorably than female mock jurors; whereas, female mock jurors perceived the alleged victim more favorable than male mock jurors. These results suggest that juror sex may be an influential factor in child abuse cases overall.

The Emotional Child Witness Effect Survives Presentation Mode

The emotional witness effect - the phenomenon whereby people are affected by the emotional manner in which a witness presents testimony - constitutes a possible source of wrongful decisions in legal contexts. One stereotypical view of abused children is that they should be sad when talking about their experiences of maltreatment, whereas children may in fact express a variety of emotional expressions when talking about abusive events. This raises the question as to whether there is an optimal mode in which to present child victim testimony that could reduce the possible influence of displayed emotions. In the present study, mock police interviews were carried out with female child actors, role-playing the victims of physical abuse by their stepfather, telling the same story with four emotional expressions (neutral, sad, angry, or positive). Laypersons (N = 465) were presented with the interviews as transcripts with the emotional reactions of the child witness noted, audio recordings, or videotaped recordings. Participants then rated the credibility of the victim witness. Replicating previous results, the "sad" expression elicited the highest credibility ratings across all modes of presentations. Presentation mode affected ratings of credibility, with the transcript versions resulting in the highest ratings. Copyright © 2016 John Wiley & Sons, Ltd.

To prosecute or not to prosecute: Law students' judicial decisions in CSA cases

Child sexual abuse (CSA) investigations are complicated and few cases are prosecuted. The aim of the present study was to investigate judicial decisions in CSA investigations. Seventy-one law students (42 females, 29 males) read a vignette depicting a CSA investigation, assessed the complainant's and the accused's credibility, and if the case should be prosecuted or not. The participants were assigned to one of four conditions defined by a 2 (evidence: high probative value vs. low probative value) × 2 (complainant demeanour: emotional vs. neutral) factorial design. Females assigned higher credibility to the complainant than did males and males assigned higher credibility to the accused than did females. Emotionality, but not evidential value, affected credibility judgements: Females believed less in the suspect when the child behaved in an emotional manner. Most participants (94.4%) thought that the case should be prosecuted, though only 73.2% believed that prosecution could be corroborated. Corroboration of prosecution was affected by evidential value, but not emotionality. The results indicate that the behavior of alleged crime victims might affect males and females differently, which in turn could lead to biased judicial decisions in CSA investigations.

Support Person Presence and Child Victim Testimony: Believe it or Not

This study examined the effects of support person presence on participants' perceptions of an alleged child sexual abuse victim and defendant. Two hundred jury-eligible community members (n = 100 males) viewed a DVD of an 11-year-old girl's simulated courtroom testimony either with or without a female support person seated next to her. Participants found the child victim to be less accurate and trustworthy, and the defendant to be less guilty and less likely to have sexually abused children, when the support person was present. Participants who viewed the female support person (n = 100) believed that she had probably coached and spent a great deal of time with the child victim before testifying. Female participants perceived the child to be more accurate, and the defendant to be more guilty and likely to have sexually abused children, than male participants. The degree to which the child victim's testimonial behavior violated participants' expectancies mediated the negative relation between support person presence and child victim accuracy and trustworthiness. Support person presence was positively associated with expectancy violation, which in turn was negatively associated with child victim accuracy and trustworthiness. These preliminary findings suggest that seating a support person next to an alleged child victim in court may have the unintended effect of decreasing the child's perceived credibility and, if replicated, suggest that alternative seating arrangements might be necessary.

Effects of child interview tactics on prospective jurors' decisions

Although decisions in child sexual abuse (CSA) cases are influenced by many factors (e.g., child age, juror gender), case and trial characteristics (e.g., interview quality) can strongly influence legal outcomes. In the present study, 319 prospective jurors read about a CSA investigation in which the alleged victim was interviewed at a child advocacy center (CAC) or traditional police setting. The prospective jurors then provided legally relevant ratings (e.g., child credibility, interview quality, defendant guilt). Structural equation modeling techniques revealed that child credibility predicted greater confidence in guilt decisions and also mediated all associations with such decisions. Having fewer negative prior opinions and rating the interview as of better quality were associated with higher child credibility ratings. Mitigating factors (e.g., interview quality), as opposed to proxy indicators (e.g., participant gender), better predicted CSA case outcomes. Similar associations across groups (e.g., CAC interviews did not make child victims more or less credible) permit a tentative conclusion that CACs do not positively or negatively affect decisions made in hypothetical CSA cases. Ideas for future studies examining factors influencing decisions in CSA cases are discussed.

Expectations of emotions during testimony: the role of communicator and perceiver characteristics

This study investigated the influence of communicator (child victim) and perceiver (adult participant) characteristics on expectations about witnesses' emotional displays during testimony. In total, 191 adults were asked whether or not they expected child victims who were testifying about sexual abuse to display sadness, fear, anger, disgust, happiness, or a neutral demeanor, and how intensely the adults expected each emotion to be displayed. In describing the victims, child age (5 vs. 13 years old) and child gender (female vs. male) were factorially combined as within-subject factors. Results included that victim gender predicted expectations of fear, and victim age predicted expectations of anger and disgust. There was a significant interaction of victim age and victim gender for expectations of sadness. Of participants who expected multiple emotions, a combination of negative and neutral emotions was expected more from 13-year-old female victims than from 5-year-old female victims. Child victim empathy predicted ratings of how intensely sad and fearful the child victim would look. Implications of these findings for psychological research and the legal system are discussed.