Who bought the drinks? Juror perceptions of intoxication in a rape trial

Legal Decision-Making in an Adult Rape Case Involving DNA Evidence

This study investigated how jurors use deoxyribonucleic acid (DNA) evidence in an adult rape trial with a female victim and a male stranger defendant. Community members read a trial summary and then made case judgments (e.g., verdict). Results showed: (a) DNA evidence led to more pro-victim judgments (e.g., more guilty verdicts) than those who did not receive DNA evidence; (b) women were more pro-victim than men; (c) pro-victim judgments indirectly affected the presence of DNA evidence and verdict; and (d) the reason for a guilty verdict when DNA evidence was present typically noted a focus on the victim and DNA evidence.

Would you believe an intoxicated witness? The impact of witness alcohol intoxication status on credibility judgments and suggestibility

Memory conformity may occur when a person’s belief in another’s memory report outweighs their belief in their own. Witnesses might be less likely to believe and therefore take on false information from intoxicated co-witnesses, due to the common belief that alcohol impairs memory performance. This paper presents an online study in which participants (n = 281) watched a video of a mock crime taking place outside a pub that included a witness either visibly consuming wine or a soft drink. Participants then read a statement from the witness that varied in the number of false details it contained before being asked to recall the crime. We found that the intoxicated witness was regarded as significantly less credible, but participants were not less likely to report misinformation from them. This suggests that intoxication status impacts one’s perception of how credible a source is, but not one’s ability to reject false suggestions from this source. Our findings reinforce the importance of minimizing co-witness discussion prior to interview, and not to assume that people automatically (correctly or not) discount information provided by intoxicated co-witnesses.

Perceptions of a Hypothetical Sexual Assault: The Impact of the Interrelationships Between Eight Situational Factors

The current research examined the interactions between various factors that contribute to perceptions of a woman's sexual assault. Participants read a vignette about an assault in which we varied eight factors. We assessed the impact of these factors and their interactions on participants' perceptions of the assault. Participants' perceptions were more driven by the characteristics of the victim rather than the perpetrator. The factor that had the most overall impact on perceptions of the sexual assault was whether the victim explicitly agreed to go to the perpetrator's home. Implications of our results are discussed in various contexts.

Are All Substance-Involved Sexual Assaults Alike? A Comparison of Victim Alcohol Use, Drug Use, and Combined Substance Use in Sexual Assaults

Sexual assaults involving victim substance use at the time of the assault are common, but little is known about how different types of substances used at the time of the assault impact post-assault outcomes. The current study sought to compare victim alcohol use, drug use, and combined substance use in sexual assaults among a community sample of 693 victims. It was hypothesized that victims in the combined substance use assault type would report overall worse post-assault outcomes, more contextual and interpersonal traumas, and higher assault severity. Our results partially confirmed these hypotheses, but victims in the drug-involved assault type group overall reported higher assault severity and worse post-assault outcomes. These findings are probably partially attributed to the demographic characteristics of victims in the drug-only group (e.g. Black victims) who are more likely to experience a higher severity of violence. Implications for future research and policy regarding drug decriminalization are discussed.

Mock Jurors' Perceptions of Sexual Assault on a University Campus

The purpose of this study was to examine how defendant gender, victim gender, location of sexual assault (professor's office vs. fraternity party), and whether the defendant was intoxicated influenced mock jurors' decisions in a sexual assault case. Mock jurors (N = 503) read a mock trial transcript depicting an alleged sexual assault and were asked to render a dichotomous verdict, continuous guilt rating, and rate their perceptions of the victim and defendant. There was no influence on mock jurors' dichotomous verdicts. However, the presence of intoxication did influence continuous guilt ratings; intoxicated defendants elicited higher guilt ratings compared to sober defendants. Whether the defendant was intoxicated and the location of the crime were found to impact mock jurors' perceptions of the defendant (e.g., believability, credibility); whereas the gender of the defendant affected the perceived control the defendant had over the situation. Victim gender was found to impact mock jurors perceptions of the victim, such that female victims were perceived more favorably than male victims; this may support the idea that male victims of sexual assault are generally perceived more negatively than female victims. These results, and more, are discussed in terms of the current study and the larger implications.

Intoxicated But Not Incapacitated: Are There Effective Methods to Assist Juries in Interpreting Evidence of Voluntary Complainant Intoxication in Cases of Rape?

Jurors often negatively evaluate complainants making allegations of rape when those complainants were intoxicated at the time of the assault. It is, therefore, essential that legal practitioners have effective methods of ensuring that jurors use evidence of intoxication for the legally permissible purpose, which is to determine the complainant's cognitive capacity to consent. This study examines whether providing judicial instructions about how jurors should make use of complainant intoxication evidence assists jurors to use this evidence appropriately. University students (N = 212) read a case synopsis of an Australian criminal trial in which the complainant described experiencing mild or moderate levels of cognitive impairment due to alcohol consumption. Participants were then given a standard instruction about using the evidence of the complainant's intoxication or one that provided an upper decision limit for determining complainant cognitive capacity (providing inference support). As expected, presenting evidence about the complainant's alcohol-impaired cognitive state attenuated participants' negative perceptions of the complainant. The judicial instructions also assisted participants as they evaluated a moderately intoxicated complainant as less capable of consenting when participants received an instruction that supported the correct inference to draw from the evidence compared to a standard instruction. However, parallel mediation analysis showed that rape schemas mediated the relationship between perceived complainant capacity to consent and perceptions of defendant guilt. Judicial instructions that support perceivers' inferences may assist participants to more appropriately evaluate information about complainants' intoxication, however problematically, rape schemas still influenced decisions about defendant guilt.

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.

Women's Experiences of Impairment and Incapacitation During Alcohol/Drug-Related Sexual Assaults: Toward a Survivor-Informed Approach to Measurement

Researchers have categorized level of impact of drinking during alcohol/substance facilitated sexual assaults as unimpaired (perceived no effect of drinking), impaired (conscious, but impacted by substance use), or incapacitated (unconscious due to substance use). However, researchers have not always agreed on what constitutes these categories, and no qualitative research has been done to date to explore those discrepancies. Such work is needed in order to listen to survivors' voices, using their perspectives and experiences to develop trauma-informed practices specific to survivors of alcohol-involved assaults. The current study sought to shed light on impaired/incapacitated sexual assault experiences presenting 141 qualitative written responses of women who were drinking and/or using substances at the time of their assault. Results showed that while some responses aligned with previous researcher-defined quantitative impaired/incapacitated categories, most responses coded could be considered both impaired and incapacitated, or neither of these categories. Implications for further research, particularly qualitative work, are discussed specifically challenging previous research on impaired/incapacitated sexual assault experiences.

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.

The Effects of Victim and Perpetrator Characteristics on Ratings of Guilt in a Sexual Assault Case

Scholars have long investigated how perceptions of the victim affect judgments in a sexual assault case, but little research has investigated perceptions of the perpetrator. Participants (N = 322) read a scenario about an alleged sexual assault that manipulated victim behavior (speed of reporting) and perpetrator characteristics (athlete status and celebrity status) and then made judgments about the victim and perpetrator. Results showed that victim behavior was the most important factor in judgments. Furthermore, significant three-way interactions suggested that participants may attend to perpetrator characteristics but only when the victim's behavior is consistent with stereotypes about sexual assault victims.

The Psychology of the Politics of Rape: Political Ideology, Moral Foundations, and Attitudes Toward Rape

Previous research has found that conservatives and liberals emphasize different moral foundations. The purpose of these two studies was to investigate whether moral foundations mediate the relationship between political ideology and attitudes toward rape among U.S. college students. In Study 1, moral foundations fully mediated the relationship between political ideology and rape myth acceptance. Study 2 generally replicated the results of Study 1, with binding foundations demonstrating the most consistent mediating effects. These results suggest that individual differences in moral decision-making may explain the relationship between political ideology and attitudes toward rape.

Alcohol-Related Victim Behavior and Rape Myth Acceptance as Predictors of Victim Blame in Sexual Assault Cases

Two studies analyzed the influence of victim behavior, drink type, and observer rape myth acceptance (RMA) on attributions of blame to victims of sexual assault. In Study 1, people higher in RMA blamed the victim more when she accepted rather than rejected the aggressor's invitation to buy her a drink. In Study 2, we analyzed if the effects depended on who offered the invitation for a drink (a friend or aggressor). RMA was more closely related to victim blame when she accepted (vs. rejected) the offer of a drink from the aggressor. In both studies, drink type (alcoholic vs. nonalcoholic) did not interact with the other variables.

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

The present study investigated the impact of impeaching a rape victim with evidence of a simultaneous civil suit during a criminal trial. In three experiments, male and female undergraduates (Experiment 1) and community members (Experiments 2 and 3) read a rape trial summary in which the victim accused the defendant of raping her in a hotel. In the impeachment condition, the Defense mentioned that the victim simultaneously sued either the hotel (Experiments 1, 2, 3) or the alleged perpetrator (Experiment 3) for US$1 million. In the control condition, the Defense did not mention a civil suit. In all experiments, mock jurors were more likely to render not guilty verdicts and had higher pro-defendant ratings (e.g., defendant credibility) when the Defense impeached the victim than when the Defense did not impeach her. In addition, victim credibility (Experiments 1, 2, 3) and victim greed (Experiment 3) mediated the impact of impeachment on verdict. Results are discussed in terms of the prejudice rape victims may face in criminal court when they also seek justice in civil court.

Associations Between Sexual Behavior Norm Beliefs in Relationships and Intimate Partner Rape Judgments

Using a community sample ( n = 296), we investigated the associations between sexual behavior norm beliefs, acceptance of partner rape, judgments that non-consensual partner sex is "wrong not rape," and decisions if non-consensual partner sex should be charged as rape. Sexual behavior norm beliefs were associated both directly and indirectly with latter components in the model related to acceptance of non-consensual partner sex judgments and charging rape judgments. In addition, participant gender moderated the model, such that many of the associations between the variables were stronger for males than for females. The results have implications for understanding how individuals label rape between intimate partners.