Chalmers, James, Leverick, Fiona and Munro, Vanessa (2021) The provenance of what is proven : exploring (mock) jury deliberation in Scottish rape trials. Journal of Law and Society, 48 (2). pp. 226-249. doi:10.1111/jols.12287 ISSN 0263-323X.

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Abstract

This article presents findings from the largest research study of the nature of mock jury deliberations in rape cases undertaken in the UK to date – and the first such study to be undertaken in the Scottish context. The study found considerable evidence of the expression of problematic attitudes towards rape complainers. These included the belief that a ‘real’ rape victim would have extensive external and internal injuries and would resist attack by inflicting injuries on her attacker and shouting for help, that even a short delay in reporting a rape is suspicious, and that false allegations of rape are commonly made by women and difficult to refute. There was, however, also evidence that some jurors were willing to challenge these attitudes and that they often relied – explicitly or implicitly – on third-sector campaigns to do so. The article concludes by drawing out the implications of this research for policy and practice.

Item Type:	Journal Article
Subjects:	K Law [Moys] > KL Common Law, General K Law [Moys] > KM Common Law, Public Law
Divisions:	Faculty of Social Sciences > School of Law
Library of Congress Subject Headings (LCSH):	Jurors -- Decision making, Mock trials, Trials (Rape) -- Scotland, Jury -- Scotland -- Decision making, Justice, Administration of -- Scotland -- Decision making, Rape victims -- Scotland
Journal or Publication Title:	Journal of Law and Society
Publisher:	Wiley-Blackwell Publishing Ltd.
ISSN:	0263-323X
Official Date:	June 2021
Dates:	Date Event June 2021 Published 29 March 2021 Available 30 November 2020 Accepted
Volume:	48
Number:	2
Page Range:	pp. 226-249
DOI:	10.1111/jols.12287
Status:	Peer Reviewed
Publication Status:	Published
Access rights to Published version:	Open Access (Creative Commons)
Date of first compliant deposit:	14 December 2020
Date of first compliant Open Access:	25 May 2021
Related URLs:	Publisher

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