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Rape Myths Pose a Significant Risk to the Impartiality of Jury Decision Making

Matylda Pankiewicz

SWPS University, Poland

25 March 2025

Date of Publication:

Key Words

Rape Myths, Jury Decision Making, Victim credibility, Group deliberation

Abstract

Our legal system heavily depends on the impartiality of the courts and the jury. However, it often fails to account for the fact that people are influenced by their personal beliefs, experiences, also, importantly, rape myths that remain prevalent in our society. This can result in wrongful convictions or in downplaying the severity of the violence, making it appear less significant than it truly is. This article explores the implications of these myths and the risk that they might pose. Some studies suggest that this issue can be minimized through thorough education of jurors and implementing methods such as group deliberation. However, other research presents significant findings showing the real-life implications of rape myths and their importance with regard to both the impartiality and the outcome of the trial. The article’s conclusion addresses how these findings might affect jurors, particularly their incorrect judgement regarding victims’ credibility or their tendency to be more lenient towards offenders. It also highlights the importance of expanding research into atypical cases, such as same-sex violence or incidents where the victim is male or gender non-conforming. Furthermore, this article outlines ways to reduce these effects and emphasizes the importance of education - both for judges and, more broadly, at an institutional level. The article concludes by discussing the significance of rape myths and the implications of these measures on the judicial system.

Publisher: University Student Publishing Alliance, UK. Copyright © 2025

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