Page 30 - The Staunch Test

THE STAUNCH TEST

Listen to BBC Law In Action on
Rape Myths [0.42-06.37]

Judges these days are meant to give jurors a specific pep talk in rape cases. It
covers definitions, consent and personal prejudice. But research has found that

these deeply held misconceptions can’t be suddenly relinquished. Most jurors
enter court with their prejudices and biases firmly intact, and leave with them
unchanged.

If a male juror can see himself in the man in the dock — can himself imagine
being accused of rape, having ‘misread the signs’ or been unable to stop once
underway, or has himself used a bit of force, or taken advantage of a girl who
has drunk too much — he doesn’t want to call that man, or himself, a rapist. If a

female juror sees her partner, father or son in the accused, she may prefer to
blame the woman or girl for what happened. The possibility of ruining a man’s
education, promising career or marriage might seem more damaging than the
price a woman pays for the rape and the failure of justice combined. Those
jurors might think, ‘it can’t have been that bad’ or ‘everyone makes mistakes’ or
‘why didn’t she fight him off or run?’

Rape myths are a form of unconscious bias and contribute hugely to the failure
of criminal justice systems — police, public prosecutors, judges and juries — to
convict perpetrators. A less easily measured element of this is just how much
popular culture, what we see in films and on television, what we read, and how
women are depicted in the press and social media, influences how we judge
what women want, and whether they get what they deserve. The Staunch Test
advocates for much more detailed research in these areas.