Consent Myths and Norm Violation Responses: Reconceptualizing Rape Myth Theory in Sexual Assault Sentencing in China.

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Criminal sentencing in sexual assault cases exhibits systematic disparities based on victim-offender relationships, yet existing theoretical explanations remain inadequate for understanding the underlying cognitive mechanisms. This study reconceptualizes rape myth theory by distinguishing between two distinct cognitive structures: consent myths that operate through everyday cultural reinforcement, and norm violation responses that activate through moral boundary violations. Analyzing 7701 Chinese rape case judgments (2012-2020), we demonstrate that these mechanisms produce opposing sentencing effects. Consent myths lead to sentencing discounts of 5%-9% for acquaintance and intimate partner cases, while norm violation responses trigger 25% longer sentences for familial cases. This dual-structure framework explains previously puzzling cross-cultural patterns, including why Chinese courts impose harsher punishment on family members than strangers. We identify two critical moderating factors that interact differently with these myth types. Lay assessor participation produces "accidental equity" through generalized punitiveness, compressing relationship-based disparities via universal severity rather than bias correction. Provincial modernization demonstrates contradictory effects: reducing consent myth influence through changing gender norms while simultaneously amplifying norm violation responses through heightened moral sensitivity. Crucially, female educational advancement proves more effective than general economic growth in reducing rape myth influence.

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Attribution of blame in rape cases: A review of the impact of rape myth acceptance, gender role conformity and substance use on victim blaming
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Better the Devil You Know? ‘Real Rape’ Stereotypes and the Relevance of a Previous Relationship in (Mock) Juror Deliberations
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Blaming Children: How Rape Myths Manifest in Defense Attorneys' Questions to Children Testifying About Child Sexual Abuse.
  • Jun 16, 2021
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  • Suzanne St George + 2 more

Since rape myths were codified in 1980 (Burt, 1980), scholars have shown that individuals who endorse rape myths perceive victims as less credible and more responsible for rape and perpetrators as less responsible. Studies also show that rape myths hinder successful adjudication of rape cases by influencing juries' assessments of perpetrator guilt (Dinos et al., 2015). While most of this research focuses on sexual assaults involving adult victims, some scholars have found that victims as young as 12 are blamed for rape. If rape myths influence the perceptions of sex offenses even when victims are children, then defense attorneys in child sexual abuse (CSA) cases may be motivated to highlight rape myth in CSA trials. In the current study, we conducted a content analysis of the cross-examinations of 122 children, aged 6 to 17, alleging CSA to determine if and how defense attorneys question children about rape myths. We looked for questions about force and resistance, motives to lie, victim precipitation, and character issues (e.g., habitual drug use). We found that defense attorneys commonly referenced rape myths in CSA trials. A total of 10% of all defense attorneys' lines of questioning referenced a rape myth, and attorneys asked 77% of children at least one rape myth line of questioning. Whether or not attorneys asked about different myths and the content of these questions varied by children's age. Our findings indicate that defense attorneys use rape myths strategically to undermine children's credibility in CSA trials, but they adapt (adult) rape myths in ways that are plausible in the CSA context. Policies formed to prevent the prejudicial impact of rape myths at sexual assault trials involving adults (e.g., rape shield laws) may not adequately prevent their impact in CSA trials. Prosecutors, therefore, should address rape myths at CSA trials.

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Are Rape Myths Inherently Gendered? Examining Assumed Gender Ascribed to Gender-Neutral Versions of the Illinois Rape Myth Acceptance Scale Among College Students.
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Rape myths are false beliefs about sexual violence that shift blame to the victim rather than the perpetrator. The Illinois Rape Myth Acceptance (IRMA) scale measures these myths, but critiques have led to the creation of gender-neutral versions. This study aimed to investigate how participants perceive gender in these versions. Surveys were given to U.S. college students, with variations in victim and perpetrator gender. Results showed no significant differences in IRMA scores based on gender-neutral versions. However, most participants still associated a female victim and a male perpetrator with sexual assault, indicating the persistent gendered nature of rape myths.

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Rape Myths and the Cross-Cultural Adaptation of the Illinois Rape Myth Acceptance Scale in China.
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The study examines the similarities and differences between China and the United States with regard to rape myths. We assessed the individual level of rape myth acceptance among Chinese university students by adapting and translating a widely used measure of rape myth endorsement in the United States, the Illinois Rape Myth Acceptance (IRMA) scale. We assessed whether the IRMA scale would be an appropriate assessment of attitudes toward rape among young adults in China. The sample consisted of 975 Chinese university students enrolled in seven Chinese universities. We used explorative factor analysis to examine the factor structure of the Chinese translation of the IRMA scale. Results suggest that the IRMA scale requires some modification to be employed with young adults in China. Our analyses indicate that 20 items should be deleted, and a five-factor model is generated. We discuss relevant similarities and differences in the factor structure and item loadings between the Chinese Rape Myth Acceptance (CRMA) and the IRMA scales. A revised version of the IRMA, the CRMA, can be used as a resource in rape prevention services and rape victim support services. Future research in China that employs CRMA will allow researchers to examine whether individual's response to rape myth acceptance can predict rape potential and judgments of victim blaming and community members' acceptance of marital rape.

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Adverse conceptual representations of children in rape and sexual assault cases in England and Wales, in legal processes and the media
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The primary aim of this paper is to offer a Cognitive Linguistics analysis of the language used for and about children in the judicial system of England and Wales, as well as the reports of such cases in UK media. The treatment of children when questioned by the police and in court has been an ongoing issue. A number of outdated, social myths persevere in rape cases involving both adults and children. These myths generally include the ‘Rape Myth’ and the ‘Autonomous Testosterone Myth’, and for children also include other adverse, expected patterns of behaviour, such as a general expectation that children ‘lie’, ‘cannot differentiate truth from fiction’, and ‘are easily confused about other people’s intentions’. This paper offers a review of the legal process in England and Wales involving children, before illustrating how the above myths and expectations are triggered by the questions put to the witnesses. The analysis shows how these associations are networked in elaborate semantic domains that may trigger inferential information that prejudices hearers against those same young victims.

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  • Sep 28, 2017
  • Journal of Aggression, Conflict and Peace Research
  • Cristina L Reitz-Krueger + 2 more

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We sought to test the effects of sexual assault form and complainant/defendant gender on jurors' perceptions of the prototypicality of a sexual assault case, complainant, and defendant. We examined whether these perceived prototypicality measures predict mock jurors' complainant/defendant blame and credibility assessments and if these assessments predict verdict decisions in a simulated sexual assault trial. We predicted that the female complainant-male defendant condition, vaginal intercourse condition, and their combination would be perceived as more prototypical than their counterparts, which would predict blame/credibility assessments, ultimately predicting verdict. Mock jurors (N = 437) recruited via Prolific Academic read a trial transcript involving an alleged sexual assault (oral or vaginal sex forced onto the complainant) with a female complainant-male defendant or a male complainant-female defendant. They provided a verdict and assessed the perceived prototypicality of the case/complainant/defendant, provided blame/credibility assessments for the complainant/defendant, and responded to rape myth questionnaires. Sexual assault form did not significantly affect any of our outcomes. Mock jurors perceived the male complainant-female defendant condition as less prototypical of a sexual assault case/complainant/defendant than the female complainant-male defendant condition, resulting in negative evaluations of the complainant, favorable evaluations of the defendant, and lowered probability of conviction. Simultaneously, for fixed levels of prototypicality, the female complainant received more negative evaluations, and the male defendant received more favorable evaluations, which lowered the probability of conviction; mock jurors' rape myth acceptance moderated this effect. Rape myths were predictive of decision-making in cases involving a female complainant, and male rape myths were predictive in cases involving a male complainant. Results demonstrate that prototypicality is a mechanism behind mock jurors' decisions in sexual assault trials and elucidate the distinctive role of prototypes and rape myths on juror decision-making, with practical implications for the field of psychology and the criminal legal system.

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Does the Presence of a Physical Disability Affect Classification of Sexual Assault?
  • Mar 11, 2021
  • Journal of Interpersonal Violence
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  • Research Article
  • Cite Count Icon 22
  • 10.1002/jip.1462
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  • Jul 28, 2016
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  • Feb 17, 2023
  • Journal of Aggression, Maltreatment & Trauma
  • Daniel W Oesterle + 2 more

The current study examines the independent and interactive effects of rape-myth acceptance and perceived peer approval for sexual violence on men’s ability to recognize sexual assault within a written vignette, and on men’s prior sexual assault perpetration history. Participants included a sample of 610 first-year college men from a large Midwestern University in the United States. Men completed survey assessments of rape myth acceptance, perceived peer approval for sexual violence, and history sexual assault perpetration since the age of 14. Participants also rated the extent to which hypothetical vignettes portraying coercive sexual activity were considered to be sexual assault. Data indicated significant main effects of both rape myth acceptance and perceived peer approval on recognizing sexual assault and for prior perpetration of sexual assault. A significant interaction between rape myth acceptance and perceived peer approval for sexual violence was detected for prior perpetration of sexual assault, indicating that expression of rape myths may be inhibited when peers are seen as unsupportive. Interactive effects between rape myth acceptance and perceived peer approval for sexual violence were not detected for recognizing sexual assault. Implications for sexual assault prevention are discussed, including the possibility that combining rape myth education correction of peer norms may inhibit individuals from acting on rape myths.

  • Research Article
  • Cite Count Icon 9
  • 10.1177/08862605221137703
Rape Myth Acceptance and Other Barriers to Formally Reporting Sexual Assault Among College Students With and Without Sexual Assault Histories.
  • Nov 24, 2022
  • Journal of Interpersonal Violence
  • Emma C Lathan + 4 more

Low rates of reporting sexual assault to law enforcement have been attributed to a culture of rape myth acceptance. Yet, rape myth acceptance rates and specific barriers to reporting have not been examined by sexual assault and reporting histories. This study compared the rape myth acceptance levels of reporting survivors, non-reporting survivors, and individuals without sexual assault histories. The sample consisted of 579 undergraduate students (68.0% White, 72.5% women) at a public university in the southeastern U.S. Differences in non-reporting survivors' experienced barriers to reporting and the perceived barriers of those without sexual assault histories were also examined. Results indicate differences in rape myth endorsement by sexual assault and reporting status, with the highest rape myth adherence rates endorsed by individuals without a sexual assault history and the lowest endorsed by reporting survivors. While non-reporting survivors and those without sexual assault histories shared two of the top three barriers to reporting (i.e., wanted to avoid thinking or talking about it, did not want family or friends to find out), non-reporting survivors were more likely to endorse personal reasons for not reporting, and those without sexual assault histories were more likely to endorse concerns about the law enforcement response to rape. Several barrier factors were identified among non-reporting survivors (i.e., fear of law enforcement involvement, personal reasons, ambiguity of the event, responsibility) and among individuals without sexual assault histories (i.e., risks outweigh benefits, victim blaming, ambiguity). Although both survivors and individuals without sexual assault histories acknowledge the personal, social, and legal risks of reporting a sexual assault to law enforcement, survivors' experienced barriers differed in nuanced ways from the presumed barriers of individuals without sexual assault histories. Findings may enhance sexual assault prevention trainings and awareness campaigns by targeting both rape myth beliefs and specific barriers to reporting of those with and without sexual assault histories.

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