What do we know about rape myths and juror decision making?

Abstract

This paper presents overwhelming evidence that prejudicial and false beliefs held by jurors about rape affect their evaluation of the evidence and their decision making in rape cases. The paper draws together for the first time the available evidence from both quantitative and qualitative studies (most of which are not found in law journals, but rather in scientific outlets, most commonly those focusing on experimental psychology). The quantitative research demonstrates that mock jurors’ scores on so-called ‘rape myth scales’ are significant predictors of their judgments about responsibility, blame and (most importantly) verdict. The qualitative research indicates that jurors frequently express problematic views about how ‘real’ rape victims would behave and what ‘real’ rape looks like during mock jury deliberations and that even those who score relatively low on abstract rape myth scales can express prejudicial beliefs when deliberating in a particular case. The studies vary in terms of their realism, but it is important to note that some of the studies reported here were highly realistic trial reconstructions, involving representative samples of jurors drawn from the community, live trial reconstructions, evidence-in-chief and cross-examination, accurate legal directions and deliberation in groups. The review concludes by examining the evidence on whether juror education—whether in the form of judicial directions or expert evidence—might be effective in addressing problematic attitudes.