Different Functions of Rape Myth Use in Court: Findings From a Trial Observation Study

Temkin, J., Gray, J. & Barrett, J. (2016). Different Functions of Rape Myth Use in Court: Findings From a Trial Observation Study. Feminist Criminology, doi: 10.1177/1557085116661627

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Abstract

This study examines rape myth use in eight English rape trials and assesses attempts by trial participants to combat it. Trial notes, based on observations, were analyzed using thematic analysis. Rape myths were used in three identifiable ways: to distance the case from the “real rape” stereotype, to discredit the complainant, and to emphasize the aspects of the case that were consistent with rape myths. Prosecution challenges to the myths were few, and judges rarely countered the rape myths. This study provides new insights by demonstrating the ways that rape myths are utilized to manipulate jurors’ interpretations of the evidence.

Item Type: Article
Additional Information: Copyright Sage 2016
Uncontrolled Keywords: courts, judges, rape, sexual assault, rape trial
Subjects: K Law
Divisions: The City Law School > The City Law School - Academic Programmes
URI: http://openaccess.city.ac.uk/id/eprint/15712

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