Jurors’ perceptions of transgender victims of sexual assault: A literature review of empirical research and policy review of judicial instructions
Article
Article Title | Jurors’ perceptions of transgender victims of sexual assault: A literature review of empirical research and policy review of judicial instructions |
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ERA Journal ID | 35424 |
Article Category | Article |
Authors | Ribeiro, Gianni and Nitschke, Faye T. |
Journal Title | Behavioral Sciences and the Law |
Number of Pages | 21 |
Year | 2024 |
Publisher | John Wiley & Sons |
Place of Publication | United Kingdom |
ISSN | 0735-3936 |
1099-0798 | |
Digital Object Identifier (DOI) | https://doi.org/10.1002/bsl.2694 |
Web Address (URL) | https://onlinelibrary.wiley.com/doi/10.1002/bsl.2694 |
Abstract | Sexual assault affects many people of all gender identities, yet most cases do not result in conviction. This may be due to common, inaccurate misperceptions juries hold about how sexual assault is perpetrated and how victims respond to sexual assault. Research has examined misperceptions relating to cisgender victims, yet little is known about the unique misconceptions and stereotypes that may unfairly disadvantage transgender victims or whether courts are attempting to safeguard against them. This article presents a literature review of empirical research on (mock) jurors’ perceptions of transgender victims and a review of judicial instructions about gender identity. We find that empirical research is extremely limited with mixed findings, but many jurisdictions allow for judicial instructions warning jurors against prejudice based on gender identity. Further research is urgently needed to identify common misperceptions jurors may have that are specific to transgender victims to inform legal safeguards and improve justice outcomes. |
Keywords | judicial instructions; juror decision‐making; rape myths; sexual assault; transgender; victim stereotype |
Contains Sensitive Content | Does not contain sensitive content |
ANZSRC Field of Research 2020 | 520103. Forensic psychology |
440209. Gender and crime | |
480503. Criminal procedure | |
Byline Affiliations | School of Law and Justice |
University of Newcastle |
https://research.usq.edu.au/item/z908w/jurors-perceptions-of-transgender-victims-of-sexual-assault-a-literature-review-of-empirical-research-and-policy-review-of-judicial-instructions
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Behavioral Sci The Law - 2024 - Ribeiro - Jurors perceptions of transgender victims of sexual assault A literature.pdf | ||
License: CC BY 4.0 | ||
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