An Australian report states that rape myths are contributing to the deplorable 10% conviction rate regarding rape cases, and that juries are already prejudged against victims based on existing beliefs. The report from the Australian Institute of Criminology found that jurors could not be relied upon to make objective judgements because of the influence of rape myths and stereotypes.
“Pre-existing juror attitudes about sexual assault not only influence their judgements … but also influence judgments more than the facts presented and the manner in which the testimony is given,” report author Natalie Taylor said.
“It is time to acknowledge that jurors do not - because they cannot - make objective judgements about consent and guilt based on the facts presented to them in court.”
Dr Taylor said common myths about rape were perceived as a guide to a defendant’s guilt by too many jurors, which was “unfortunate” for prosecutors.
"Rape is not always committed by strangers, victims do not always scream for help, obvious physical injury is uncommon and the majority of victims do not report the incident to police at all,” she said.
“As long as misinformation about rape and stereotypical beliefs about how a victim would behave exist within the community, the likelihood of convincing a jury that a sexual assault did occur in the absence of supporting evidence will remain low.”
Dr. Taylor said that more research is needed to make sure that juries aren't prejudiced against the alleged victim.
“It is particularly crucial in light of the fact that most sexual assaults occur in private, with no corroborating evidence, and involve one person’s word against the other.”
She says that prosecution (and conviction) rates should rise when rape myths are countered.
Jurors Overlook Rape Evidence
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