The study looked at how potential jurors responded to a fictional rape trial in which both the complainant and the accused were men.
Researchers from Loughborough University, Glasgow Caledonian University and King’s College London, wanted to understand whether beliefs and stereotypes might affect decisions in these types of cases – which have received far less research than cases involving female victims.
They recruited 463 people in the UK who were eligible for jury service and gave them details of a mock rape trial. The participants then decided whether the defendant was guilty or not guilty.
Before and after the trial, they answered questions measuring their beliefs about male rape and how believable they found the complainant and the defendant.
The study identified several important patterns:
- Beliefs about male rape influenced verdict decisions: People who strongly believed common myths about male rape were less likely to find the defendant guilty
- These beliefs affected how jurors judged credibility: Participants who accepted rape myths were more likely to doubt the complainant and believe the defendant instead
- Credibility judgments played a key role in verdicts: When jurors believed the complainant, they were more likely to return a guilty verdict. When they believed the defendant, they were more likely to acquit
- The defendant’s ethnicity and the complainant’s sexuality did not significantly change verdicts: However, sexuality had a small effect on how believable the complainant seemed
- Men in the study were more likely than women to agree with male rape myths
When participants explained their verdicts, two different patterns appeared.
People who strongly believed rape myths often said there was not enough evidence or that the case was ‘one person’s word against another’. Some also relied on stereotypes about how victims should behave.
The myths highlighted in the paper fall broadly into two categories: blaming the victim and minimising or excusing the perpetrator.
Key myths
- Men cannot really be raped
- Only certain men can be raped
- Male rape is only committed by gay men
- Physical arousal means the victim enjoyed or consented
- A “real” rape victim would physically resist
- If the victim previously had sex with the person, the rape claim is less believable
- Male victims are partly responsible for the assault
- Sexual assault accusations are often exaggerated or false
Participants who rejected these myths were more likely to focus on whether the complainant was able to give consent, especially if they were very intoxicated.
They also rejected ideas that a victim’s sexuality, alcohol use, or lack of physical resistance meant the assault did not happen.
Male sexual violence is often underreported and misunderstood. The researchers say the findings show how stereotypes about masculinity, sexuality, and rape can shape how jurors interpret evidence.
They suggest the justice system may need to consider jury education and legal reforms to help reduce the impact of these biases when rape cases go to court.
Loughborough’s Professor Dominic Willmott said: “In this research we found what researchers have long known about jury bias towards female rape victims, that similar biases also apply to male rape victims.
“Common misconceptions and stereotypes applied to male victims (known as rape myths) frequently centre around the idea that only gay men can be raped and thus if a heterosexual man makes an allegation of rape, he might be lying to conceal the fact that he is secretly gay.
“Of course, the reality is anybody can experience sexual violence, regardless of their gender or sex. In this study, the first of a number of studies we are due to publish from our British Academy funded research which has been led by Loughborough University, we will show how male victims of sexual violence are often unfairly judged based on rape myths.
“In fact, pre-trial juror belief in these myths can actually be used to predict whether jurors will convict or acquit accused rapists, outside of the evidence presented at trial – something that until now, we only knew happened to female rape victims.”
The paper, Unveiling Bias: The Impact of Male Rape Myths and Stereotypes on Juror Verdicts in Male‐on‐Male Rape Trials, was published in the journal, Behavioral Sciences & the Law.
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