NCJ Number
73101
Date Published
1980
Length
479 pages
Annotation
Using a hypothetical case approach, this study examines the relationships between selected demographic and attitudinal characteristics of potential jurors and their reactions to rape cases; the study also explores how selected victim, defendant, and case characteristics may influence jurors' decisions.
Abstract
The study sample included 1,448 respondents: 1,056 citizens, 254 patrol police officers, 118 rape crisis counselors, and 20 convicted rapists. Five survey instruments were developed: (1) Legal Rape Case, (2) Attitudes toward Rape (ATR), (3) Attitudes toward Women Scale, (4) Rape Knowledge Test, and (5) a Personal Data Sheet. A factor analysis of the ATR showed that eight major dimensions of rape perceptions were used; these same dimensions were found for the citizens, patrol police officers, and rape crisis counselors. Because of the small sample size, this analysis could not be conducted for the rapists. Highly significant differences were found among the four respondent groups on the dimensions of rape attitudes: rape crisis counselors were different from police officers, citizens, and rapists in their perceptions of rape, while citizens and police were most similar. Correlations computed between various respondent background characteristics and the eight attitudinal dimensions suggested that sex, race, and marital status were the most important respondent characteristics for predicting the dimensions of rape attitudes. Findings showed that most people knew very little about the facts regarding rape. Comparisons made between background characteristics of the respondents and their knowledge about rape showed that men scored higher on knowledge about rape than women, whites knew more about rape than blacks, and those individuals with more formal education knew more about rape than those having less education. In addition, juror decisionmaking in rape trials is discussed in relation to such issues as the nature and procedural aspects of rape trials and the effects of defendant and victim characteristics. In view of the controversial nature of rape reform legislation, recent developments in the legislation are presented. These developments include changes in the status of consent under reform statutes, changes in the common-law spousal exception, changes in statutory age provisions, and provisions for limiting the admissibility of evidence concerning the victim's sexual conduct with persons other than the defendant. An extensive State-by-State analysis of rape laws, which includes those for the District of Columbia, presents the following kinds of information relative to each State statute: derivation, statutory structure, terminology, statutory age provisions, penalties, evidence provisions, defenses, and cross-references. Researchers conclude that the data presented must be supplemented with data concerning particular cases. Desirable changes within the legal system will occur only if clear policy objectives are established, reliable research is conducted, and data about rape are brought forward. Tables, figures, and chapter notesare included; a subject index is provided. A list of references follows each chapter.