This book is set against the background of the 'justice gap' in sexual assault cases - the dramatic gap between the number of offences recorded by the police and the number of convictions. It seeks to examine the attitudinal problems which bedevil this area of law and possible strategies for addressing them. Written by a professor of law and a professor of psychology, it reviews evidence from socio-legal and social cognition research and presents new data drawn both from interviews with judges and barristers and from studies with prospective lawyers and members of the public. In the final part, it considers different ways in which rape trials could be improved and suggests steps that could be taken to change public attitudes about sexual assault.
PART I THE BACKGROUND 1 The Justice Gap in Sexual Assault Cases 1.1 THE PROBLEM OF ATTRITION 1.2 THE LEGAL BACKGROUND 1.3 SUMMARY AND CONCLUSIONS 2 Stereotypes, Myths and Heuristics in the Perception of Sexual Assault 2.1 THE 'REAL RAPE' STEREOTYPE 2.2 RAPE MYTHS AND NEGATIVE ATTITUDES ABOUT RAPE VICTIMS 2.3 RAPE STEREOTYPES AND POLICE RESPONSES TO RAPE COMPLAINTS 2.4 THE ATTRIBUTION OF BLAME TO VICTIMS OF RAPE 2.5 HEURISTICS IN THE PROCESS OF DECISION-MAKING ABOUT SEXUAL ASSAULT 2.6 SUMMARY AND CONCLUSIONS 3 The Problem of the Jury in Sexual Assault Trials 3.1 THE METHODOLOGY OF JURY STUDIES 3.2 DEALING WITH THE EVIDENCE 3.3 THE ROLE OF EXPERT TESTIMONY 3.4 THE JUDGE'S SUMMING-UP AND NON-VERBAL CUES 3.5 REACHING A VERDICT 3.6 SUMMARY AND CONCLUSIONS PART II NEW EVIDENCE 4 A Question of Attitude: Prospective Lawyers 4.1 STUDY 1: UNDERGRADUATE LAW STUDENTS AND THE REAL RAPE STEREOTYPE 4.2 STUDY 2: SCHEMATIC PROCESSING BY VOCATIONAL LAW STUDENTS 5 A Question of Attitude: The General Public 5.1 STUDY 3: EXPLORING SCHEMATIC PROCESSING BY MEMBERS OF THE PUBLIC 5.2 STUDY 3: EVALUATING A RAPE-AWARENESS POSTER CAMPAIGN 5.3 GENERAL DISCUSSION AND CONCLUSIONS FROM THE THREE STUDIES 6 Rape, Rape Trials and the Justice Gap: Some Views from the Bench and Bar 6.1 METHODOLOGY OF THE INTERVIEW STUDY 6.2 THE PERCEIVED PROBLEMS 6.3 ATTITUDES TOWARDS RAPE AND THE JUSTICE GAP 6.4 SUMMARY AND CONCLUSIONS 7 Judges, Barristers and the Evidential Law in Action in Rape Cases 7.1 CORROBORATION 7.2 SEXUAL HISTORY 7.3 THIRD PARTY DISCLOSURE 7.4 SUMMARY AND CONCLUSIONS PART III SOME POSSIBLE SOLUTIONS 8 Law Reform 8.1 EVIDENTIAL ISSUES 8.2 CONSENT AND INTOXICATION 8.3 SUMMARY AND CONCLUSIONS 9 Improving Rape Trials 9.1 ABOLISHING THE JURY IN SEXUAL ASSAULT CASES 9.2 SCREENING AND SELECTING JURORS 9.3 ASSISTING THE JURY 9.4 MAKING THE JURY ACCOUNTABLE 9.5 EDUCATING LEGAL PROFESSIONALS 9.6 APPOINTMENT OF MORE FEMALE JUDGES? 9.7 SUMMARY AND CONCLUSIONS 10 Changing Public Attitudes 10.1 RAPE PREVENTION PROGRAMMES FOR COLLEGE STUDENTS 10.2 SCHOOL-BASED INTERVENTIONS 10.3 EDUCATING THE GENERAL PUBLIC ABOUT RAPE: USING THE MEDIA 10.4 CHANGING NORMS ABOUT SEXUAL AGGRESSION 10.5 SUMMARY AND CONCLUSIONS 11 Conclusion
