The potential impact of rape culture on juror decision making: implications for wrongful acquittals in sexual assault trials.

• Author: Hildebrand, Meagen M.
• Position: Wrongful Convictions: Understanding and Addressing Criminal Injustice

ABSTRACT

Feminist writers contend that Americans live in a culture that supports sexualized aggression and violence against women. This "rape culture" is reflected in our society by the pervasive endorsement of rape myths and sexual objectification of women, both of which are legitimized by everyday media. One potential consequence of living in a rape culture is that individuals may themselves come to endorse rape myths and sexually objectify women, and, in turn, perceive certain forms of sexual violence against women as defensible. This is concerning considering the significant role that laypeople play in administering justice in sexual assault cases, but research has yet to consider the impact rape culture may have on juror decision making. We review the concept of rape culture, explain the psychological process by which rape culture might influence juror decision making in sexual assault trials, review evidence for our hypotheses from the extant literature, and, finally, discuss future research directions and potential policy implications.

1. INTRODUCTION

   Sexual assault of women by men (1) is a significant problem in the United States, as approximately one in five women are victimized over the course of their lives. (2) Despite the wide scope of this problem, it has been estimated that at best only five percent of sexual assaults result in a criminal conviction. (3) This low conviction rate can be attributed, in part, to the rape culture that exists in the United States. That is, the perpetuation of rape myths, sexual objectification of women, and media's legitimization of sexual aggression and violence against women are pervasive throughout American society, (4) and this culture affects the extent to which women victims come forward to report their experiences and, subsequently, how their cases are handled in the criminal justice system. For example, rape culture legitimizes erroneous beliefs about what constitutes "real rape" (5) and women's responsibility for avoiding victimization. (6) Consequently, sexual assaults are particularly likely to go unreported in cases in which women knew their assailant, (7) were not threatened by a weapon, (8) or did not sustain physical injuries, (9) and when women blame themselves for being victimized. (10) This is important to understand considering that approximately sixty-four percent of women do not report their sexual assault experiences to the police. (11)

   Rape culture also impacts the likelihood that sexual assault will be criminally prosecuted. For example, Kerstetter and Van Winkle found that women who were raped by a stranger were less likely to pursue criminal charges if they violated one or more traditional sex role norms (e.g., the woman had been in a bar alone, she had invited the man to her home) as compared to if they did not. (12) Justice is further precluded by the fact that prosecutors are more likely to perceive cases as "winnable" when evidentiary characteristics of the assault conform to narrow definitions of real rape; for example, electing to prosecute cases in which women were subdued by a weapon more often than other cases. (13)

   Our primary goal, however, is to examine whether rape culture also contributes to low conviction rates in sexual assault cases through its influence on jurors, who play a significant role in administering justice in sexual assault cases. (14) Kalven and Zeisel's classic study of jury decision making revealed that juries were four times more likely to convict when sexual assault cases involved aggravating factors such as stranger assailants, multiple assailants, or violence as compared to when they did not. (15) Further, judges and juries reached the same verdict (guilty) in eighty-eight percent of cases with aggravating factors but only agreed on a guilty verdict in forty percent of other sexual assault cases. (16) Disagreement was explained primarily by the fact that, in cases in which women could be perceived as contributing to their victimization, judges found sufficient evidence of guilt to convict the defendant but juries did not. (17) We propose that such findings can be attributed to rape culture. Specifically, we propose that rape culture negatively impacts juror decision making in sexual assault trials by not only increasing the likelihood that jurors will endorse erroneous beliefs about rape and sexually objectify women, but also by nonconsciously influencing the types of evidence jurors attend to and the extent to which they blame the parties involved. We hypothesize that, through these mechanisms, exposure to rape culture leads jurors to wrongfully acquit alleged perpetrators of sexual assault.

   To explain and support our hypotheses, in Part II we define rape culture and present research regarding its existence in American society. In Part III we review psychological theories that explain the underlying process by which rape culture likely impacts juror decision making. In Part IV we review extant literature that provides preliminary evidence for the proposed effects. In Part V we discuss future research endeavors that may yield a more complete understanding of the influence of rape culture on juror decision making in sexual assault cases as well as potential policy implications.

2. WHAT IS RAPE CULTURE?

   Buchwald and colleagues define rape culture as "a complex of beliefs that encourages male sexual aggression and supports violence against women." (18) Within a rape culture, sexual violence against women is both prevalent and considered to be legitimate. (19) Scholars contend that sexual aggression and violence are not inherent, but rather manifestations of the values and attitudes that are prevalent in society. (20) According to Burt: "Rape is the logical and psychological extension of a dominant-submissive, competitive, sex role stereotyped culture." (21) Thus, rape culture is problematic because it provides a framework that blames sexual assault on the actions of the victim rather than questioning the behavior of the rapist, thereby increasing the likelihood of sexual violence against women. (22) Many feminist writers contend that Americans live in a "rape culture," (23) and this is evident in our society's widespread endorsement of rape myths and sexual objectification of women, which are further propagated and legitimized by mainstream media. (24) Next, we describe these basic features of rape culture and review literature documenting the extent to which they pervade our everyday lives.

   1. Rape Myths

      One key feature of rape culture is the endorsement and promotion of myths about rape. (25) Burt first defined rape myths as "prejudicial, stereotyped, or false beliefs about rape, rape victims, and rapists." (26) Payne and colleagues identified seven distinct categories of rape myths: (1) "She asked for it" (e.g., "If a woman is raped while she is drunk, she is at least somewhat responsible for letting things get out of control"), (2) "It wasn't really rape" (e.g., "A rape probably didn't happen if the woman has no bruises or marks"), (3) "He didn't mean to" (e.g., "When a man is very sexually aroused, he may not even realize that the woman is resisting"), (4) "She wanted it" (e.g., "Many women secretly desire to be raped"), (5) "She lied" (e.g., "Many so-called rape victims are actually women who had sex and 'changed their minds' afterwards"), (6) "Rape is a trivial event" (e.g., "Women tend to exaggerate how much rape affects them"), and (7) "Rape is a deviant event" (e.g., "In reality, women are almost never raped by their boyfriends"). (27) These myths define "real rape" as violent, forced sexual assaults that are perpetrated by strangers and which women verbally and physically resist. (28) Yet, rape myths stand in stark contrast to the reality of many actual rapes, (29) and thereby construct a narrative that implies that women are responsible for their own victimization, shifts blame from men to women, (30) and denies or justifies men's sexual aggression and violence against women. (31)

      Social science research shows that rape myths are widely and persistently held in American society. (32) For example, Feild's survey of laypeople, police officers, rape crisis counselors, and institutionalized rapists (33) revealed that, on average, participants endorsed fourteen out of thirty-two prejudicial or erroneous beliefs about rape (e.g., "A woman should feel guilty following a rape"). (34) Attitudes toward rape differed significantly between rapists and the other subgroups of participants, but not necessarily in the direction one might expect. For example, rapists were more likely than other participants to think it is women's responsibility to prevent rape. (35) Yet, community members, police officers, and rape crisis counselors were more likely than rapists to think that women precipitate rape through their appearance or behavior, and that women should try to resist rape during an attack. (36) These differences show, on the one hand, how erroneous beliefs might contribute to sexual violence against women and, on the other hand, the innaccuracy of societal beliefs related to this problem.

      Similarly, Burt's survey of adults revealed support for the beliefs that women who go out in public braless or wear short skirts are "asking for trouble," and that accompanying a man to his home on the first date implies a willingness to have sex. (37) Giacopassi and Dull found that seventeen percent to seventy-five percent of their college student sample endorsed various rape myths. (38) For example, 20.7% of students agreed that "[m]any females have fantasy dreams about rape," and 29.7% agreed that "[w]omen often falsely accuse men of rape." (39) Thirty-five percent or more of undergraduates in Gilmartin-Zena's survey agreed with fifteen out of twenty-nine rape myths. (40) For instance, fifty-one percent of undergraduates agreed that "[r]ape usually involves a high level of violence (the rapist has a weapon and...