Trial Flashcards
Who is on trial in court?
Arguably, in order to establish consent, the emphasis is on the Complainant; their state of mind as opposed to defendant - making it appear that they are in fact on trial
What does Kelly at al’s 2005 research suggest
That stereotypes influence many police and prosecutors’ perceptions of how a judge and jury would assess a complaint
Their research suggests that the idea that ‘real’ rape is usually committed by strangers was a common theme of police interviews cited in the study
What are the background to rape trials formed by?
Beliefs that -
Real rape is committed by strangers in public
Real rape involved physical resistance resulting in injury
Women often make false allegations of rape
Women ‘provoke’ rape by their behaviour
What was the former corroboration warning based on?
False allegations of rape were common
What does kelly at el suggest about false allegations of rape?
False allegations are no more common in relation to rape than to any other criminal offences
What did finch and munro do?
Looked at mock juror’s perceptions of rape
What were finch and Munro’s findings?
The mock juror’s generally focuses more on the behaviour of the complainant appose to the defendant
Where complainant had voluntarily consumed alcohol or drugs - they saw her as atleast partially responsible for what had happened
Even where defendant had ‘spiked’ her drink; many mock jurors held her responsible not taking adequate care to prevent this
Finch and Munro’s conclusion
“…it took quite a dramatic wrong-doing on the part of the defendant to divert the focus of jurors away from the claimaint’s behaviour”
What did finch and munro suggest their conclusion was because of
Acceptance of rape myths and stereotypical views of acceptable female socio-sexual behaviour
‘Just world theory’ - the idea that some people seek comfort in the belief that ‘bad things do not happen to good people’
‘Defensive attribution’ - people reassure themselves that they are not at risk of assault by viewing those that have been assaulted as in some way responsible for what has happened to them
Worboys case
DSD and NBV - roses by John worboys in 2003 and 2007 - reported to police - officers did not believe them - worboys continued to attack women until in 2009 when he was brought to justice - responsible for the rape and sexual assault of other 100 women
