The provenance of what is proven: exploring (mock) jury deliberation in Scottish rape trials

• Published in: Journal of law and society Vol. 48; no. 2; pp. 226 - 249
• Main Authors: CHALMERS, JAMES, LEVERICK, FIONA, MUNRO, VANESSA E.
• Format: Journal Article
• Language: English
• Published: Oxford Wiley Subscription Services, Inc 01-06-2021; Blackwell Publishing Ltd
• Subjects: Attitudes; Campaigns; False allegations; Injuries; Juries; Jurors; Rape; Trials; Women; United Kingdom
• ISSN: 0263-323X; 1467-6478
• DOI: 10.1111/jols.12287

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.