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.

The Impact of Victim Demeanor on Jurors' Perceptions of a Sexual Harassment Victim.

Despite the prevalence of sexual harassment in the workplace, little research has investigated the role of victim demeanor in perceptions of sexual harassment cases. The present study varied whether the victim cried while testifying by using drawings of the victim. Participants were presented with a civil trial summary and asked to make trial-related judgments. Overall, factors representing participants' perceptions of victim credibility and victim negative emotions were higher when the victim cried than when she did not. The factor representing victim credibility also mediated the relationship between victim demeanor and trial outcomes. Finally, cognitive networks demonstrated that victim demeanor was important to participants' decision-making. The legal implications of the findings are discussed.

Mock Juror Perceptions of a Male or Female Adult Rape Victim Crying in the Courtroom.

This study investigated the impact of victim crying and gender on perceptions of rape cases. Participants (N = 240, 51.5% male, 48.1% female) completed a 2 (victim crying) × 2 (victim gender) × 2 (participant gender) between-participants design with case judgments (e.g., verdict) as the DVs. Results found that a rape victim crying during testimony increased pro-victim judgments compared to when the victim did not cry, that female mock jurors were more pro-victim than males, but that victim gender was insignificant. Finally, the mediation model found that victim crying increased their credibility, increasing the likelihood of a guilty verdict.

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.

Strength Versus Sensitivity: The Impact of Attorney Gender on Juror Perceptions and Trial Outcomes in a Rape Case.

We examined the impact of attorney gender on perceptions of a criminal rape trial. Community members (N = 208) read a trial summary describing a rape scenario in which the gender of the prosecuting and defense attorney were manipulated. The results revealed indirect effects of prosecuting and defense attorney gender on verdict through perceptions of characteristics related to attorney competency. Qualitative analyses further showed that the terms "strength" and "powerful" were central to juror perceptions of male attorneys, whereas the terms "sensitive" and "sympathy" were central when the attorneys were female.

The Impact of Threat Type and Prior Abuse History on Perceptions of Intimate Partner Sexual Coercion.

Intimate partner sexual victimization often involves perpetrators using threats to coerce victims into sexual activity. However, little research has investigated perceptions of this coercion. We presented 99 community members with intimate partner sexual coercion vignettes that varied abuse history (between-participants) and type of threat used to coerce the victim into sex (within-participants; that is, physical assault, financial, children taken). We found that physical assault threats led to higher pro-victim judgments than nonviolent threats. These findings provide insight into how sexual violence involving coercion is perceived in different contexts.

Perceptions of plea bargaining in cases of elder financial abuse.

The present study investigated perceptions of plea bargains in elder financial abuse. Approximately 78-90% of felony convictions are the result of plea bargains, yet very little work examines the public's perceptions of it. Additionally, elders lose an estimated $2.6-36.5 billion dollars each year to financial abuse and exploitation. Participants were recruited from Mturk (N = 74) and completed a mixed-factors 2 (Amount of Money Stolen: $5,000 vs. $50,000) x 2 (Relationship of Victim and Perpetrator: son vs. caretaker) x 2 (Type of Sentence: reduced jail sentence vs. probation) x 2 (Participant Gender) design. Amount, relationship, and sentence were within-participant factors, while gender was between-participant. It was found that there were main effects of amount, sentence, and relationship between victim and defendant such that participants showed a preference for plea bargains when the amount in question was lower ($5,000 vs. $50,000), when the sentence given was harsher (a reduced jail sentence vs. probation), and when the defendant was the victim's son (vs. a caretaker).

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.

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.

Mock juror sampling issues in jury simulation research: A meta-analysis.

The advantages and disadvantages of jury simulation research have often been debated in the literature. Critics chiefly argue that jury simulations lack verisimilitude, particularly through their use of student mock jurors, and that this limits the generalizabilty of the findings. In the present article, the question of sample differences (student v. nonstudent) in jury research was meta-analyzed for 6 dependent variables: 3 criminal (guilty verdicts, culpability, and sentencing) and 3 civil (liability verdicts, continuous liability, and damages). In total, 53 studies (N = 17,716) were included in the analysis (40 criminal and 13 civil). The results revealed that guilty verdicts, culpability ratings, and damage awards did not vary with sample. Furthermore, the variables that revealed significant or marginally significant differences, sentencing and liability judgments, had small or contradictory effect sizes (e.g., effects on dichotomous and continuous liability judgments were in opposite directions). In addition, with the exception of trial presentation medium, moderator effects were small and inconsistent. These results may help to alleviate concerns regarding the use of student samples in jury simulation research. (PsycINFO Database Record

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.

The impact of frequency of behavior and type of contact on judgments involving a criminal stalking case.

We investigated mock juror perceptions of the frequency of behavior and type of contact in an ex-intimate stalking case. We used a mock-juror methodology, in which 204 community members (129 women) read a stalking trial summary, rendered a verdict, and evaluated the intent of the defendant to cause the victim fear and distress, as well as the victim's experience with these emotions. The trial varied as to whether there were 5 or 30 stalking incidents and whether the stalking involved personal contact or stalking via text message. Results showed that females were more likely to render a guilty verdict when the victim had been stalked 30 times rather than 5 times while males were equally likely to render a guilty verdict regardless of the frequency. Mock jurors were significantly more likely to render guilty verdicts in the personal contact condition than in the text message condition. Females' perceptions of the victim's fear and distress mediated the frequency of incidents x gender interaction. The victim's fear and the defendant's intentions mediated the main effect of type of contact on verdict. Cognitive network analyses showed that victim fear and the defendant's intent to cause fear were central to participant verdict decision making. We discuss these results in terms of the implications, specifically that victim fear should be a primary focus in stalking legislation.

Improving the Credibility of Child Sexual Assault Victims in Court: The Impact of a Sexual Assault Nurse Examiner.

The present study investigated the influence of a sexual assault nurse examiner's (SANE's) testimony on mock juror perceptions of a child or adolescent victim of child sexual assault. Community members (N = 252, 156 females) read a fictional criminal trial summary of a child sexual assault case in which the victim was 6 or 15 years old and the prosecution presented medical testimony from a SANE or a traditional registered nurse (RN), or did not present medical testimony. Mock jurors were more likely to render guilty verdicts when a SANE testified compared with the other two testimony conditions. In addition, pro-victim judgments (e.g., sympathy toward the victim) and negative defendant judgments (e.g., anger toward the defendant) mediated this relation. Finally, cognitive network representations of the case demonstrated that the RN and no-medical-testimony groups were similar and the SANE group was distinct from the other two conditions. We discuss these results in terms of the implications of SANE testimony in child sexual assault court cases.

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

In this study, the perceptions of victim intoxication and the drinking context (i.e., who purchased the drinks) were investigated. Men and women mock jurors (N = 158) read a rape trial summary in which the victim was intoxicated or sober, and either the victim or the perpetrator purchased the drinks. Overall, participants who perceived a victim as intoxicated were less likely to render guilty verdicts and made lower ratings of victim credibility. In addition, when the perpetrator purchased the drinks, participants were more likely to render guilty verdicts and made more negative judgments about the defendant than when the victim bought the drinks. Mediation analyses explained the relationship between the independent variables and verdict. The results are discussed in terms of the factors that influence juror perceptions of rape cases in court.

Perceptions of institutional elder neglect in civil court.

Perception of institutional elder neglect (IEN) in civil court was investigated. Experiment 1 participants (N = 162) read an IEN trial summary in which alleged victim testimony was presented or not. Victim testimony increased the likelihood of ruling for the plaintiff, partially mediated by credibility of witnesses for each side. Experiment 2 (N = 68) included a condition with testimony from the victim's floor-mate. Likelihood of ruling for the victim: victim = floor-mate > no testimony, was mediated by perceived credibility of the plaintiff's case. Results are discussed in terms of the importance of alleged victim testimony in IEN cases.

When a son steals money from his mother: courtroom perceptions of elder financial exploitation.

The perception of elder financial exploitation was investigated using community members (N = 104) and undergraduates (N = 143). Participants read an exploitation trial summary; an 85-year-old victim accused her son of stealing her money. Primary results indicated that alleged victims described as healthy rendered more guilty verdicts than those described as having a cognitive deficit; pro-victim judgments were higher for women than men; and younger and older community members' rendered more guilty verdicts than middle-aged mock jurors. The results are discussed in terms of the factors that impact the perception of exploitation in court.

Mock juror perception of sexual assault nurse examiner testimony.

The perception of a sexual assault nurse examiner's (SANE) testimony in a criminal rape trial was investigated. Men and women undergraduates (N = 138) read a fictional criminal trial summary of a rape case in which medical testimony from a SANE or a registered nurse (RN) was presented, or no medical testimony was presented. Results indicated that mock jurors were more likely to render guilty verdicts when a SANE testified than when an RN testified, and this relationship was fully mediated by perceived credibility of the nurse as well as provictim perceptions. Results are discussed in terms of the impact of SANE involvement in legal proceedings.

The perception of elder sexual abuse in the courtroom.

This study explored mock juror perceptions of elder sexual mistreatment (ESM). In Experiment 1, 118 participants read a fictional criminal trial summary of an ESM case in which a 76-year-old woman was allegedly abused by either her son or a neighbor. In Experiment 2 (n = 360), the ESM occurred in either a nursing home or the elder's home and the alleged perpetrator was either her son or a nursing home worker. Conviction rates were relatively low in both experiments (25% and 33%, respectively). Women were more pro-prosecution than men in case judgments. Overall, the study provides evidence that mock jurors may question the credibility of elders in ESM cases.