In Chile, a South American country strongly influenced by the Catholic Church, little research on sexual aggression among college students is available. These findings provide a new understanding of rape myths and have implications for policy in particular, that while training legal professionals is helpful, it cannot be expected to fully address the use of rape myths.Įvidence on the prevalence of sexual aggression among college students is primarily based on studies from Western countries.
#Judicial consent sex scenes trial
In addition, the research highlights how rape myths are kept ‘relevant’ to trial through a focus on inconsistencies, a dichotomy of wholly truthful/untruthful witnesses, and conceptualisations of ‘rational’ behaviour as being the ‘normal’ way to act. The findings show that rape myths are still routinely used at trial, but that they are sometimes resisted using judicial directions or prosecution comments. The existing literature, though, tends to rely on interviews or is out-dated by policy, so the present research uses court observations to explore what is actually happening in adult rape and sexual assault trials. In particular, research has identified prevalent stereotypes about rape in both the Criminal Justice System and wider society, with these rape myths often being used as the predominant explanation for inadequate victim/survivor treatment (see Temkin & Krahé, 2008). Implications of these findings are discussed in the context of criminal justice.Ĭourt responses to rape and sexual assault have been repeatedly criticised in England and Wales (Brown, Horvath, Kelly & Westmarland, 2010). When committed by strangers, on the other hand, sexual assault was associated with more condemnatory sentences. Findings also indicate the influence of some variables on sentencing outcomes, such as a prior complainant-offender relationship, as well as “negative” or counter-stereotypical victim characteristics (drug use, prostitution, social vulnerability) notoriously reducing condemnatory verdicts. Concerning criminological characteristics of sexual crimes, the results show a predominance of aggressions committed in the close physical and relational environment of the victim, and a low presence of genital injuries as a result. The relationship between certain extralegal variables and the verdicts was examined by means of the Chi square association statistic and its effect size. To accomplish such aim, we proceeded by the exhaust revision of 102 randomly selected criminal sentences of oral trials corresponding to sexual crimes against adult women between 20, analyzing the presence and frequency of sexual assault attributes. Having in mind this scenario, the present study aims at identifying the criminological characteristics of sexual crimes against adult women disputed on trial, as well as the relationship between verdict and the variables of the process/victim considered conducive to or indicative of potential bias on part of the court. Current evidence supports the fact that extralegal factors and previous cognitive schemes might influence judges’ penal decisions in this matter. Despite the low rate of sexual assault allegations, this crime type is one of the most present in oral trials in Chile, given the seriousness of the legal right contravened.