Different functions of rape myth use in court: findings from a trial observation study

This study examines rape myth use in eight English rape trials and assesses attempts by trial participants to combat it. Trial notes, based on observations, were analyzed using thematic analysis. Rape myths were used in three identifiable ways: to distance the case from the “real rape” stereotype, to discredit the complainant, and to emphasize the aspects of the case that were consistent with rape myths. Prosecution challenges to the myths were few, and judges rarely countered the rape myths. This study provides new insights by demonstrating the ways that rape myths are utilized to manipulate jurors’ interpretations of the evidence.

The full text is an author accepted manuscript of: Temkin, J., Gray, J. M., Barrett, J., Different Functions of Rape Myth Use in Court: Findings From a Trial Observation Study, Feminist Criminology (Vol. 13, Issue 2) pp. 205-226. Copyright © 2016 (The Author(s)). Reprinted by permission of SAGE Publications. The published article is available at: http://doi.org/10.1177/1557085116661627

Published online before print August 4, 2016