Impeaching Rape Victims in Criminal Court: Does Concurrent Civil Action Hurt Justice?

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.

Perceptions of a Plea Agreement in Cases of Teacher and Adolescent Student Sexual Assault

An estimated 90% of reported sexual abuse cases result in a plea agreement. The present study investigated the perception of plea agreements involving a teacher-adolescent student child sexual assault case. A 2 (teacher gender: male or female) x 2 (student gender: male or female) x 2 (punishment type: probation or jail) within-participant design was used with participant gender included as a between-participant factor. Perceptions of the plea agreement served as the dependent variables. Participants (N = 52; 48.1% male, 51.9% female) each read the eight vignettes in a random order and then rated their perceptions (e.g., support for the judicial process, degree of justice served, how upset they were by the plea) of a plea agreement on a 7-point scale. It was found that participants showed less support for plea agreements (1) offered to male teacher offenders compared to female teacher offenders and (2) when the punishment was probation compared to jail time. Additionally, participants' emotional reactions (e.g., how upset) mediated the relationship between the independent variables (defendant gender and punishment type) and participants' perception of the plea agreements. Results and implications are discussed in terms of procedural justice and the importance of public perceptions of pleas.

Great Sexpectations: The Impact of Participant Gender, Defendant Desirability, and Date Cost on Attributions of a Date Rape Victim and Defendant

We investigated the effect of the desirability of the defendant and the cost of a date on how participants assigned blame in a date rape context. Community participants (N = 211) read one of four date rape trial summaries that differed based on the two manipulated independent variables: the desirability of the defendant (i.e., high vs. low desirability) and the cost of the date (i.e., expensive [US$175] vs. inexpensive [US$30]). Participants then rated the victim and defendant on various attributes related to the trial (credibility, blame, and guilt) and post-date sexual behavior (expectations, want, and deservingness of sex). Overall, men viewed the victim more negatively and the defendant more positively than women. Participants in the high defendant desirability condition also viewed the victim as having higher want of sex following the date and rated the defendant as more credible. With regard to the cost of date manipulation, men viewed the defendant as more credible when a desirable defendant paid for an inexpensive date in comparison with an undesirable defendant. However, when the date was expensive, women viewed the desirable defendant as more credible than the undesirable defendant. Finally, we also found that participants' perceptions of the victim's expectations and want for sex and the defendant's deservingness for sex mediated the effects of participant gender and defendant desirability on victim and defendant blame.

The Impact of Gender Stereotypes on Legal Perceptions of Lesbian Intimate Partner Violence

The present study examined legal perceptions of lesbian intimate partner violence (IPV) in an experimental context. Undergraduate women and men from the Southeastern United States ( N = 217) read a trial summary in which the defendant was charged with physically assaulting her same-sex partner. The trial varied as to whether the victim and defendant were depicted via images as either feminine or masculine. Participants rendered verdicts and made judgments about the victim and defendant (e.g., credibility). Results indicated that the victim's and defendant's masculine or feminine appearance affected these judgments. Female participants viewed a masculine victim as more credible than a feminine victim when the defendant was masculine. When the victim was masculine, they viewed a masculine defendant as more responsible for the victim's injuries than a feminine defendant. Male participants had higher sympathy for a masculine versus feminine victim overall, but had more anger toward a masculine defendant versus a feminine defendant accused of assaulting a feminine victim. Finally, fewer participants mentioned the defendant's history of violence as a reason for a guilty of felony verdict for a feminine victim with a feminine defendant versus all other combinations of victim and defendant masculine/feminine appearance. Results are discussed in terms of gender stereotypes influencing legal decision-making in IPV cases among lesbian couples.