Trial by gender? Examining jury decision making in cases of rape and sexual abuse involving male victims
Lead Research Organisation:
Lancaster University
Department Name: Lancaster University Law School
Abstract
In year ending March 2020, 155,000 men aged 16-74 experienced some form of sexual assault (including attempts) (ONS, 2021a, Section 3). Police reported crime data highlights that men represented 15.5% of sexual offence victims recorded over the same period (ONS, 2021b, Table 19). Male victims have particularly gendered experiences of sexual violence and encounter specific gender and sex-role myths and stereotypes (Weiss, 2010; Weare, 2021). Despite this, research has never investigated whether juror characteristics and beliefs may impact deliberations and decision-making within jury trials in England and Wales where men are the victims of a sexual offence. Provisions within the Criminal Justice and Courts Act 2015 prevent researchers from carrying out such studies with genuine trial jurors in England and Wales. Therefore, mock jury trials represent the best method possible to gain valuable insights into jury deliberations. Understanding juror decision making is particularly important within the context of rape and serious sexual offences because of low conviction rates in such cases.
This research will conduct mock jury trials based on cases involving male sexual offence victims. Data collection will be divided into 2 streams, run consecutively. 9 mock jury trials each involving 12 mock jurors will be conducted in each stream, with a total of 216 mock jurors involved (108 per stream). Stream 1 will be based upon a rape scenario involving a male complainant and a male defendant. Once data has been gathered for stream 1, stream 2 will commence. This will be based upon a 'rape' scenario involving a male complainant and female defendant. Rape is surrounded by inverted commas here because under the existing law in England and Wales such an offence would not be criminalised as rape, but under the offence of causing a person to engage in sexual activity without consent (The Sexual Offences Act 2003, s.4). Mock jurors will be invited to participate based on random selection from the open electoral register within Lancashire, which researchers will purchase access to. This replicates the genuine juror selection process within England and Wales.
Each mock jury group will take part in a live mock rape trial simulation, lasting for no more than 3 hours. During the mock trial, all expected Crown Court participants will be present and genuine trial procedures followed as closely as possible. Genuine prosecution and defence barristers will present the case, and it will be presided over by a genuine judge. Other court participants, e.g., the complainant, defendant etc., will be played by actors. At the end of the mock trial, juries will be sent out to deliberate their verdict in jury deliberation rooms, set out to replicate those within Crown Court buildings. Deliberations will be audio recorded and juries will return to the mock court room to deliver their verdicts. Once jurors have delivered their verdicts they will be asked to participate in a short audio-recorded debrief with a researcher to provide insights on (i) how they reached their individual verdict, (ii) how the group reached their final verdict, and (iii) under what circumstances the jury may have come to a different decision. They will also be asked to reflect on their experience of participating in the research. Mock jurors will also complete paper and pencil questionnaires on the day of the mock trial at 3 distinct timepoints; pre-trial, pre-deliberation, and post-deliberation. This will allow researchers to gather more information on juror judgements and decision making at key points during the mock trial.
Conducting mock trials as realistically as possible will provide important insights into whether male rape myths are drawn upon by jurors in their decision making, as well as potential impacts of jurors' psychosocial characteristics. These findings will improve policies and practices in organisations across the CJS in relation to cases involving male victims of rape.
This research will conduct mock jury trials based on cases involving male sexual offence victims. Data collection will be divided into 2 streams, run consecutively. 9 mock jury trials each involving 12 mock jurors will be conducted in each stream, with a total of 216 mock jurors involved (108 per stream). Stream 1 will be based upon a rape scenario involving a male complainant and a male defendant. Once data has been gathered for stream 1, stream 2 will commence. This will be based upon a 'rape' scenario involving a male complainant and female defendant. Rape is surrounded by inverted commas here because under the existing law in England and Wales such an offence would not be criminalised as rape, but under the offence of causing a person to engage in sexual activity without consent (The Sexual Offences Act 2003, s.4). Mock jurors will be invited to participate based on random selection from the open electoral register within Lancashire, which researchers will purchase access to. This replicates the genuine juror selection process within England and Wales.
Each mock jury group will take part in a live mock rape trial simulation, lasting for no more than 3 hours. During the mock trial, all expected Crown Court participants will be present and genuine trial procedures followed as closely as possible. Genuine prosecution and defence barristers will present the case, and it will be presided over by a genuine judge. Other court participants, e.g., the complainant, defendant etc., will be played by actors. At the end of the mock trial, juries will be sent out to deliberate their verdict in jury deliberation rooms, set out to replicate those within Crown Court buildings. Deliberations will be audio recorded and juries will return to the mock court room to deliver their verdicts. Once jurors have delivered their verdicts they will be asked to participate in a short audio-recorded debrief with a researcher to provide insights on (i) how they reached their individual verdict, (ii) how the group reached their final verdict, and (iii) under what circumstances the jury may have come to a different decision. They will also be asked to reflect on their experience of participating in the research. Mock jurors will also complete paper and pencil questionnaires on the day of the mock trial at 3 distinct timepoints; pre-trial, pre-deliberation, and post-deliberation. This will allow researchers to gather more information on juror judgements and decision making at key points during the mock trial.
Conducting mock trials as realistically as possible will provide important insights into whether male rape myths are drawn upon by jurors in their decision making, as well as potential impacts of jurors' psychosocial characteristics. These findings will improve policies and practices in organisations across the CJS in relation to cases involving male victims of rape.
