Juror Sterotypes and Blame Attribution in Rape Cases Involving Intoxicants: The Findings of a Pilot Study

• NCJ Number: 208739
• Journal: British Journal of Criminology Volume: 45 Issue: 1 Dated: January 2005 Pages: 25-38
• Author(s): Emily Finch; Vanessa E. Munro
• Editor(s): Geoffrey Pearson
• Date Published: January 2005
• Length: 14 pages
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United Kingdom

Annotation

This British pilot study explored the influence of intoxication on the decision-making process of jurors in rape trials.

Abstract

Rape, at the time of this study, was defined by the Sexual Offenses Act of 1956 as non-consensual intercourse whereby the defendant knows that the victim is not consenting or is reckless thereto. In 1982, the Court of Appeal in Olugboja stated that the word consent covered a wide range of states of minds and determined that the question of whether or not the victim consented to intercourse was a question of fact to be determined by the jury. This gave the jury wide discretion. This pilot study investigated this discretion and the factors that influence the outcome of rape trials involving intoxicants specifically. To explore whether potential jurors establish the parameters of drug-assisted rape and what factors influence the attribution of blame and responsibility in sexual encounters involving intoxicants, the study used a combination of focus groups and trial simulation to elicit information about the decision-making process in rape trials involving intoxicants. Results of the study provided clear evidence of the tenacity of the prototypical view of drug-assisted rape. Participants were unanimous in their instantaneous association between rape and Rohypnol and were unshakable in their view that such cases inevitably involved intercourse with an unconscious victim. Study participants were resistant to the idea that voluntary intoxication could negate an apparent consent. In addition, jurors frequently hold views that influence the attribution of blame and responsibility that are inconsistent with an accurate application of the law in rape cases. In conclusion, it appears that the presence of intoxication, particularly alcohol, has a great influence on attributions of blame and responsibility in decision-making in rape trials. References