Rape shield laws and sexual behavior evidence: effects of consent level and women's sexual history on rape allegations

Acute alcohol intoxication and alcohol expectancy effects on women's memory for consensual and non-consensual sexual activity

Objective

To test whether acute alcohol intoxication and alcohol expectancy affects how accurately women remember consensual and non-consensual sexual activity that occurred during an interactive hypothetical dating scenario.

Design

A balanced placebo randomized study that varied alcohol dose (mean Breath Alcohol Content; BrAC = 0.06%) and alcohol expectancy prior to participants encoding a hypothetical interactive rape scenario was implemented. Participants could elect to consent to sexual activity with a male partner in the hypothetical scenario. If they stopped consenting, non-consensual sexual intercourse (i.e., rape) was described. Seven days later, participants' memory for consensual and non-consensual sexual activity in the scenario was tested.

Main outcome measures

Memory accuracy, confidence, and feelings of intoxication.

Results

A total of 90 females (M age = 20.5, SD = 2.2) were tested regarding their memory accuracy for the consensual and non-consensual sexual activities in the scenario. A multi-level logistic regression predicting memory accuracy for the perpetrator's behaviors during the rape indicated no effect of alcohol intoxication. However, a main effect of alcohol expectancy was found, whereby participants who expected to consume alcohol, compared to those who did not, recalled the perpetrator's behaviors during the rape more accurately. A second regression predicting memory accuracy for consensual sexual activity found no main effects for alcohol intoxication or alcohol expectancy. Participants recalled consensual sexual activity with a high degree of accuracy. Calibration analyses indicated that accuracy increased with confidence level, regardless of intoxication level or alcohol expectancy condition, but that women tended to be overconfident in general.

Conclusion

This study provides an important test of how accurately women remember consensual and non-consensual sexual activities. The accuracy of this information is important for forensic medical examinations and police investigations following an allegation of sexual assault. Increased memory accuracy was found for offence details when participants expected to consume alcohol, suggesting there may be important differences in attentional processes (e.g., hypervigilance) depending on whether threat is present. Further research is necessary to investigate memory for sexual violence in real-world settings and to test methods for ascertaining the most complete and reliable accounts.

Asian American Women's Victimization History and In-The-Moment Responses to Partner Violence

Between 20% and 50% of Asian American women report experiencing partner violence (PV). Furthermore, nearly half of PV victims experience their first assault between the age of 18 and 24 years, suggesting that Asian American college women may be particularly at risk of PV. Experiencing childhood abuse (CA) may impair women's capacity to perceive risk during a potential PV situation, increasing their risk for revictimization. The purpose of the current study was to examine differences among Asian American college women's (N = 324) in-the-moment behavioral intention, risk perception, and likelihood to stay in an abusive relationship during a progressively threatening PV scenario, based on victimization history and posttraumatic stress disorder (PTSD) symptoms. We tested three path models, each assessing the relations among CA, PV, PTSD, current and future risk perception, likelihood of staying in the relationship, and one of three behavioral intentions (soothe the perpetrator, escape, and escalation/resistance). As hypothesized, CA history positively predicted PV history and PTSD symptoms. Furthermore, CA and PV predicted more in-the-moment soothe behavioral intentions and fewer escape behavioral intentions which, in turn, predicted diminished current and future risk perception. CA and PV also predicted stronger escalation/resistance behavioral intentions, such that escalation/resistance intentions were associated with higher risk perception during a more violent part of the scenario but lower risk perception during a less violent part of the scenario. Finally, higher risk perception predicted lower likelihood of staying in the relationship. Findings indicate that victimization history is associated with increased risky behavioral intentions among Asian American college women and suggest that targeted interventions to improve assault-exposed Asian American women's awareness of risk cues may be warranted.

Arrest and Referral Decisions in Sexual Assault Cases: The Influence of Police Discretion on Case Attrition

Research on sexual assault case attrition spans from the decision of victims to report the incidents and cooperate with police during investigations through the final case disposition in the courtroom. However, few studies have focused on how police discretion influences attrition at the points of arrest and case referral. The current study examines factors of adult sexual assaults reported to the police to determine which legal and extralegal factors were predictive of arrest and which variables were predictive of police decisions to refer cases to prosecutors for consideration. The results of this study showed victim cooperation and evidence significantly predicted arrest and referral, along with variables which measured the seriousness of the case and victim credibility. The findings confirmed both legally relevant and extralegal variables were important considerations during each decision-making point. Implications arising from these results are discussed.

An experimental examination of the effects of alcohol consumption and exposure to misleading postevent information on remembering a hypothetical rape scenario

We experimentally examined the effects of alcohol consumption and exposure to misleading postevent information on memory for a hypothetical interactive rape scenario. We used a 2 beverage (alcohol vs. tonic water) × 2 expectancy (told alcohol vs. told tonic) factorial design. Participants (N = 80) were randomly assigned to conditions. They consumed alcohol (mean blood alcohol content = 0.06%) or tonic water before engaging in the scenario. Alcohol expectancy was controlled by telling participants they were consuming alcohol or tonic water alone, irrespective of the actual beverage they were consuming. Approximately a week later, participants were exposed to a misleading postevent narrative and then recalled the scenario and took a recognition test. Participants who were told that they had consumed alcohol rather than tonic reported fewer correct details, but they were no more likely to report incorrect or misleading information. The confidence-accuracy relationship for control and misled items was similar across groups, and there was some evidence that metacognitive discrimination was better for participants who were told that they had consumed alcohol compared with those told they had tonic water. Implications for interviewing rape victims are discussed.

An experimental examination of alcohol consumption, alcohol expectancy, and self-blame on willingness to report a hypothetical rape

This study experimentally examined the role of victim alcohol intoxication, and self-blame in perceiving and reporting rape to the police using a hypothetical interactive rape scenario. Participants (N = 79) were randomly assigned to consume alcohol (mean BAC = 0.07%) or tonic water before they engaged in the scenario. Alcohol expectancy was manipulated, and participant beliefs about the beverage they thought they had consumed and their feelings of intoxication were measured. Alcohol consumption and expectancy did not affect the likelihood that the nonconsensual intercourse depicted in the scenario was perceived and would be reported as rape. Participants with higher levels of self-blame were less likely to say they would report the hypothetical rape. Self-blame levels were higher for participants who believed they had consumed alcohol, and were associated with increased feelings of intoxication. The implications are discussed.

The Effects of Alcohol Intoxication on Accuracy and the Confidence-Accuracy Relationship in Photographic Simultaneous Line-ups

Acute alcohol intoxication during encoding can impair subsequent identification accuracy, but results across studies have been inconsistent, with studies often finding no effect. Little is also known about how alcohol intoxication affects the identification confidence-accuracy relationship. We randomly assigned women (N = 153) to consume alcohol (dosed to achieve a 0.08% blood alcohol content) or tonic water, controlling for alcohol expectancy. Women then participated in an interactive hypothetical sexual assault scenario and, 24 hours or 7 days later, attempted to identify the assailant from a perpetrator present or a perpetrator absent simultaneous line-up and reported their decision confidence. Overall, levels of identification accuracy were similar across the alcohol and tonic water groups. However, women who had consumed tonic water as opposed to alcohol identified the assailant with higher confidence on average. Further, calibration analyses suggested that confidence is predictive of accuracy regardless of alcohol consumption. The theoretical and applied implications of our results are discussed.

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.

Public house patrons' engagement in hypothetical sexual assault: a test of Alcohol Myopia Theory in a field setting

Previous research has found that drinking establishments are often antecedent to sexual aggression outcomes. In this study, male participants were randomly selected from public houses (i.e., "pubs") and asked to imagine themselves in a hypothetical intimate encounter in which the female in the scenario stops consenting to sexual contact. Participants were given the option to continue making sexual advances up to and including sexual intercourse against the woman's will. It was hypothesized based on Alcohol Myopia Theory that participant blood alcohol concentration (BAC) levels would be associated with hypothetical sexual aggression when stereotypical cues of a woman's sexual availability (revealing clothing and alcohol use) were present in the scenario. Men's engagement in hypothetical sexual aggression was associated with BAC levels, but only when the woman was wearing revealing clothing. The sobriety of the female actor was not associated with sexual aggression. Results indicate that Alcohol Myopia Theory generalizes to a field setting.

A Socioecological Model of Rape Survivors' Decisions to Aid in Case Prosecution

The purpose of our study was to identify factors underlying rape survivors' post-assault prosecution decisions by testing a decision model that included the complex relations between the multiple social ecological systems within which rape survivors are embedded. We coded 440 police rape cases for characteristics of the assault and characteristics of the rape survivor congruent with rape mythology. In addition, support from friends/family members, social service providers, and police were assessed. Path analysis, using Structural Equation Modeling (SEM) that included a bias-corrected bootstrap resampling procedure, supported our model. As hypothesized, rape survivors' final decisions to aid in case prosecution were predicted by support from the three social ecologies: family/friends, social service providers, and police. Social service provider support, in turn, was predicted by assault characteristics congruent with rape mythology, whereas family/friend and police support were significantly predicted by the interaction between assault and survivor characteristics congruent with rape mythology. Our results show the value of applying a socioecological framework to help understand factors that influence rape survivors' prosecution decisions. Moreover, our results highlight the need to challenge commonly held views of “typical” rape survivors and the “typical” circumstances surrounding their assault.