Rape myths and verdict systems: what is influencing conviction rates in rape trials in Scotland?

Lee John Curley, Martin Lages, Pamela J. Sime, James Munro*

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

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Abstract

The Scottish verdict system includes three verdicts: ‘guilty’, ‘not guilty’ and ‘not proven’. Politicians propose that the three-verdict system is partially to blame for the low conviction rate of rape, whereas research suggests that rape myths may be having a larger impact. To test the effects of varying verdict systems (guilty, not guilty and not proven; guilty and not guilty; a series of proven and not proven verdicts) and rape myths on juror verdicts. A total of 180 participants answered questions regarding their acceptance of rape myths using the Acceptance of Modern Myth and Sexual Aggression (AMMSA) scale. They then watched a staged rape trial filmed in a real courtroom and reached a verdict. Participants also provided longer-form answers on which thematical analysis was conducted. The main findings are as follows: (1) The special verdict system leads to a higher conviction rate than the other systems when rape myth acceptance is controlled for. (2) The higher the rape myth acceptance, the more favourably the accused was perceived and the less favourably the complainer was perceived.
Original languageEnglish
Article number619
Number of pages23
JournalBehavioral Sciences
Volume14
Issue number7
Early online date21 Jul 2024
DOIs
Publication statusPublished - Jul 2024

Keywords

  • juror decision-making
  • jury reform
  • not proven verdict
  • rape myths
  • Scottish legal system
  • three-verdict system

ASJC Scopus subject areas

  • Ecology, Evolution, Behavior and Systematics
  • Development
  • Genetics
  • General Psychology
  • Behavioral Neuroscience

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