Forum for Science, Industry and Business

Sponsored by:     3M 
Search our Site:

 

Juries reluctant to convict in rape cases in which alcohol involved

08.12.2006
With the Christmas party season upon us changes in the law that were supposed to make it easier to convict men of rape might not result in more convictions in cases in which the woman was drunk, according to new research funded by the Economic and Social Research Council.
Under the current law in England and Wales, rape can only be established if it can be demonstrated that sexual intercourse took place to which there was no consent and that the defendant lacked a reasonable belief that such consent had been given.

The 2003 Sexual Offences Act changed the criteria for the defendant believing he had consent from being a view he 'honestly' held to one that was 'reasonable' for him to hold - this was intended to ensure that defendants were held to a higher level of responsibility.

However, researchers have found that jurors often took the view that it was 'reasonable' for a man to assume that silence represented sexual consent, even if the silence was due to the fact that the woman was totally intoxicated.

Because it is unlawful to conduct research with real juries, researchers, Emily Finch and Vanessa Munro, used trial and jury room simulations to find out how the legislation was working.

Their other main findings were:

  • In situations where the woman had become involuntary drunk, many jurors continued to hold her partially responsible for what took place - either because she accepted drinks from the defendant, failed to stand her ground against pressure to drink more or did not take adequate care to ensure that her drinks were not 'spiked' (by either extra alcohol or drugs)
  • Even when a woman had unknowingly drunk spiked drinks, juries were reluctant to convict defendants of rape unless they were convinced that the drink had been spiked with the specific intention of sexual assault, as opposed to 'loosening up' a reluctant partner.
  • It also emerged that jurors were less inclined to equate 'taking advantage' of a drunken women with rape in situations in which the woman's normal behaviour was to drink heavily in the company of men
  • By contrast, in cases where the date rape drug - Rohypnol - had been used, jurors were more inclined to hold the defendant responsible for rape, even though the effect of the drug on the woman was the same as if she were very drunk.

Vanessa Munro of King's College London, commenting on the findings said:

"These findings reflect the hold that gender stereotypes still have. They suggest that 'rape myths' can have a profound influence upon jurors. In cases in which the evidence suggests clear links between excessive alcohol consumption and sexual assault, these findings suggest that more needs to be done at both legal level and in society as a whole, to secure justice for victims of rape."

Annika Howard | EurekAlert!
Further information:
http://www.esrc.ac.uk

More articles from Social Sciences:

nachricht Internet use in class tied to lower test scores
16.12.2016 | Michigan State University

nachricht Geographers provide new insight into commuter megaregions of the US
01.12.2016 | Dartmouth College

All articles from Social Sciences >>>

The most recent press releases about innovation >>>

Die letzten 5 Focus-News des innovations-reports im Überblick:

Im Focus: Scientists spin artificial silk from whey protein

X-ray study throws light on key process for production

A Swedish-German team of researchers has cleared up a key process for the artificial production of silk. With the help of the intense X-rays from DESY's...

Im Focus: Quantum optical sensor for the first time tested in space – with a laser system from Berlin

For the first time ever, a cloud of ultra-cold atoms has been successfully created in space on board of a sounding rocket. The MAIUS mission demonstrates that quantum optical sensors can be operated even in harsh environments like space – a prerequi-site for finding answers to the most challenging questions of fundamental physics and an important innovation driver for everyday applications.

According to Albert Einstein's Equivalence Principle, all bodies are accelerated at the same rate by the Earth's gravity, regardless of their properties. This...

Im Focus: Traffic jam in empty space

New success for Konstanz physicists in studying the quantum vacuum

An important step towards a completely new experimental access to quantum physics has been made at University of Konstanz. The team of scientists headed by...

Im Focus: How gut bacteria can make us ill

HZI researchers decipher infection mechanisms of Yersinia and immune responses of the host

Yersiniae cause severe intestinal infections. Studies using Yersinia pseudotuberculosis as a model organism aim to elucidate the infection mechanisms of these...

Im Focus: Interfacial Superconductivity: Magnetic and superconducting order revealed simultaneously

Researchers from the University of Hamburg in Germany, in collaboration with colleagues from the University of Aarhus in Denmark, have synthesized a new superconducting material by growing a few layers of an antiferromagnetic transition-metal chalcogenide on a bismuth-based topological insulator, both being non-superconducting materials.

While superconductivity and magnetism are generally believed to be mutually exclusive, surprisingly, in this new material, superconducting correlations...

All Focus news of the innovation-report >>>

Anzeige

Anzeige

Event News

Sustainable Water use in Agriculture in Eastern Europe and Central Asia

19.01.2017 | Event News

12V, 48V, high-voltage – trends in E/E automotive architecture

10.01.2017 | Event News

2nd Conference on Non-Textual Information on 10 and 11 May 2017 in Hannover

09.01.2017 | Event News

 
Latest News

Breaking the optical bandwidth record of stable pulsed lasers

24.01.2017 | Physics and Astronomy

Choreographing the microRNA-target dance

24.01.2017 | Life Sciences

Spanish scientists create a 3-D bioprinter to print human skin

24.01.2017 | Health and Medicine

VideoLinks
B2B-VideoLinks
More VideoLinks >>>