Navigating the Complexity of Justice for Sexual Assault Victims
Sexual assault trials take place to aid a victim in gaining complete justice for the assault that they had to endure as well as sentencing the defendant with the punishment that they deserve. In many cases, the verdict reached does not reflect the truth of the incident. Many different factors contribute to this issue.
Rape Myths:
Rape myths have become a very large problem in society that may contribute to false verdicts. Rape myths can be defined as generalized and false beliefs about sexual assault that trivialize a sexual assault, suggest that a sexual assault did not occur, and encourage blaming the victim and exonerating the offender (Chiara Rollero; Renae Franiuk). This idea was first mentioned by author, Susan Brownmiller, in a book published in 1975 (Brownmiller). The discussion of rape myths was then furthered by a study done in 1980 that showed specific myths that are employed to downplay sexual assaults (Burt). These include suggestions that the victim is either lying, deserved the sexual assault, or asked for it due to their actions or attire (Burt). Other myths that have formed suggest that either the defendant could not help themselves or that they merely are not the type of person to commit a sexual assault (Burt).
Defining Sexual Assault:
Aside from the contribution of rape myths to pre-existing juror bias, the definition of sexual assault is something that is not clearly defined for many individuals. Many people hold the belief that if the assault was not rape, then it was not sexual assault at all. Sexual assault may be defined as any of the following forms: non-contact unwanted sexual experiences, unwanted sexual contact, sexual coercion, and attempted and completed rape (Sapir Sasson). Within this definition, many factors are debated largely among society. For example, not all individuals agree that oral intercourse is a sexual act that may count towards unwanted sexual contact or coercion (Sapir Sasson). This lack of universal acceptance of the various sexual actions may lead to many implications in an observer’s perception of sexual assaults as well as in the victims. Consequently, the misunderstanding of what constitutes a sexual assault often leads to biases present in juror assessments.
Juror Bias and the Justice Gap:
Ultimately, many different factors sway juror verdict decisions pertaining to sexual assault cases. A very large factor must be assessed regarding how a juror’s implicit stereotyping and prior experience shapes their interpretation of a situation. In cases evaluating the issue of sexual assault, it is very important to first understand the types of bias that may occur within the jurors. Juror bias may be defined as integrated extralegal elements that influence juror’s consideration of trial evidence when coming to a verdict (Mobley). Many different factors may contribute to this bias including the defendant’s characteristics, plaintiff’s characteristics, pretrial publicity, evidence presented, and philosophical ideals of the juror (Mobley).
Jury selection may occur through a process typically known as voir dire. In this process, citizens who have been called for jury duty are asked a series of questions that act to determine whether they may serve as impartial and fair jurors (Hafemeister). If any of the individuals are seen to present a challenge for cause, or bias, they are excused from their jury duty and removed from the specific jury being selected for (Hafemeister). However, bias is likely to still present itself in most jurors. There is a large effect of juror bias on the court outcomes of sexual assault cases. A commonly noticed pattern has come to be called the “justice gap” within the pattern of attrition for sexual assault cases (Huhtanen). Only 5-20% of sexual assaults are reported, 0.4-5.4% of the perpetrators are prosecuted, and 0.2-5.2% of cases result in a conviction of any kind (Huhtanen).
Effect of Bias on Court Outcomes:
There is a large effect of bias on the court outcomes of sexual assault cases. Overall, approximately 99.7% of perpetrators in sexual assault are never prosecuted or held accountable for their criminal actions (Johnson). The prosecution rate for sexual assaults is seen to have very low numbers in comparison to various other crimes. There have been investigations in the existence and impact of this gender bias, and other forms of bias, on court operations and judicial decision-making (Huhtanen). It has been determined and observed that often times the injuries and experiences of the victims are ignored and disregarded (Huhtanen).
As a result of the bias present, jurors may also assign extraneous meaning to evidence that is presented (Mobley). If they have created a story in their mind based off their perception of the plaintiff and defendant, then they may fill in any gaps of evidence as they think would make sense (Mobley). Likewise, if they feel as though evidence presented does not fit the narrative they have created in their mind, they may ignore important factors (Mobley). Studies conducted using a mock trial have supported this idea and shown that mock jurors either showed better recognition of evidence that matches their decided verdict preference, or they incorrectly recalled information changing it to fit their narrative (Burd). This therefore causes partial viewpoints and distortion in the outcome of the trial.
A large aspect to consider when examining the effect of bias on court outcomes is clarifying the bias that is implicit and how it relates to the ranking of importance that jurors may find with the evidence presented. A recent study done on the presentation of the forensic evidence showed that DNA evidence pushed the juries towards more guilty verdicts for rape cases than did other forms of evidence (Shichun Ling). This effect has led to reform being needed in the requirement of substantiated reasons being provided by the jury regarding their verdict (Burd). Although this requirement has a solid basis in seeking to provide more fact based reasoning for verdicts reached, more research is needed to find a more suitable way to actually lessen the bias that presents itself prior to a verdict being reached (Burd).
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