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British Journal of Criminology Advance Access originally published online on November 14, 2008
British Journal of Criminology 2009 49(2):202-219; doi:10.1093/bjc/azn077
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The British Journal of Criminology 49:202-219 (2009)
© The Author 2008. Published by Oxford University Press on behalf of the Centre for Crime and Justice Studies (ISTD). All rights reserved. For permissions, please e-mail: journals.permissions@oxfordjournals.org

Reacting to Rape

Exploring Mock Jurors' Assessments of Complainant Credibility

Louise Ellison and Vanessa E. Munro*

* Professor Vanessa Munro, School of Law, University of Nottingham, Nottingham NG7 2RD, UK; vanessa.munro{at}nottingham.ac.uk.

Louise Ellison, School of Law, University of Leeds, Leeds LS2 9JT, UK; l.e.ellison{at}leeds.ac.uk.


  Abstract

This article discusses the findings of a study in which volunteers observed one of nine mini rape trial reconstructions, and were asked to deliberate as a group towards a verdict. In a context in which research with ‘real’ jurors is prohibited, these deliberations were analysed to better understand what goes on behind the closed doors of the jury room in rape cases. While previous research has established that jurors are often influenced by extra-legal factors relating to the complainant's behaviour before an alleged attack, this study explored the impact of complainant conduct during and post-assault on assessments of her credibility. More specifically, it examined the effects of (1) lack of physical resistance; (2) delayed reporting; and (3) calm emotional demeanour.


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