The ‘Real’ Rape Stereotype in Jury Convictions for Stranger Rape

• In Event: Roundtable: Responses to Survivors of Sexual Violence--A Discussion of Current Responses and Potential Avenues to Justice

Abstract

Convictions in rape cases are said to be affected by stereotypes. The so-called ‘real’ rape stereotype comprises five offence-related factors in addition to the notion of the ‘perpetrator as stranger’. However, research has yet to establish the extent to which this stereotype is associated with conviction in stranger rape specifically. The present study measured the importance of elements of this stereotype as well as other offence-, perpetrator-, and victim-related factors in court outcomes of stranger rape cases. We compared cases convicted of rape by a jury (n = 304) and those acquitted or convicted of a lesser sexual or non-sexual offence (n = 99). A cross-validated logistic regression analysis revealed that 21% of the variation in case outcome was accounted for by one victim-related and six offence-related factors. Two elements of the ‘real’ rape stereotype (i.e., outdoors offence location and physical and verbal violence) raised the likelihood of conviction. In addition, victim age and theft from the victim also increased the likelihood of conviction, whereas hair pulling and a disturbed offence lowered it. These latter elements are not currently part of the ‘real’ rape stereotype. Finally, we found no evidence to support other elements (i.e., surprise approach and use of weapon) of the original ‘real’ rape stereotype. The present findings improve our understanding of jury responses to stranger rape cases, and provide an empirical test of, and up-date to, the ‘real’ rape stereotype. Future research ought to use the same methodology to examine jury decisions in acquaintance rape.

Authors

• Samantha Lundrigan, Anglia Ruskin University

• Mandeep K. Dhami, Middlesex University

• Kelly Agudelo, N/A