Paper by Dr Stuart Waiton, “What do we know about ‘rape myth’ research and the claim that there is ‘overwhelming evidence’ that juries are prejudiced in rape trials?”

My thanks to Dr Waiton, Senior Lecturer in Sociology and Criminology, Abertay University, Dundee, for emailing me this, concerning his paper first published online in December 2023:

“I thought you would be interested in my paper that challenges feminist research into rape myths.

The key new finding demonstrates that much of this research itself shows that there is a danger of miscarriages of justice but that the researchers are blind to their own findings, largely because of what could be called an empathy gap regarding accused men in mock jury and potentially in real rape trial situations.

This is a link to the paper, any feedback would be appreciated https://journals.sagepub.com/doi/10.1177/13657127231217510?icid=int.sj-abstract.similar-articles.9

Dr Waiton’s email address is s.waiton@abertay.ac.uk.

The full Abstract:

This paper examines the research by Fiona Leverick and demonstrates the methodological flaws in much of the ‘rape myth’ and mock jury research. Other ideas about rape myths and the ‘justice gap’ are explored and seen to be questionable. Furthermore, through a detailed examination of the rape myth acceptance scales, which Leverick describes as being ‘scientifically validated’, we trace the ideological and political-ethical nature of these scales and show a clear one-sidedness in how researchers have used them. Most particularly, we find that there is one-sidedness when it comes to the question of victim empathy. One result of this is that mock jury research has indicated that victim empathetic participants are finding individuals guilty of rape, despite the lack of evidence, and almost nothing has been said about the potential miscarriages of justice being demonstrated in these cases. The argument is thus made that rather than there being overwhelming evidence of rape myth prejudices amongst the public, there appears to be a one-sidedness amongst most rape myth researchers that is encouraging a sentiment of victim empathy that could distort the principles of justice regarding defendants being innocent until proven guilty based on a need to prove guilt beyond reasonable doubt.

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4 thoughts on “Paper by Dr Stuart Waiton, “What do we know about ‘rape myth’ research and the claim that there is ‘overwhelming evidence’ that juries are prejudiced in rape trials?”

  1. Mike

    FYI,

    May be worth pointing out that it is Dr Waiton not Dr Walton who has authored the article.

    I found this because I got an automatic message saying the email address you listed is not valid, I read the article and it has the address in there

    If you get any feedback from readers who want to contact Dr Waiton, may be worth giving them the correct email address as below

    I have dropped him a line, I have a lot to get off my chest with regards how men who are falsely accused of rape are treated in this country!!!!

    The one I am looking out for is Russel Brand. The CPS have received a folder of evidence from the Metropolitan police and are considering to charge him or not, I believe they have been deliberating for more than a month now so I am expecting to see it as headline news any day soon whether they will prosecute him for rape or not

    Thanks
    Dougie

    s.waiton@abertay.ac.uk

    Like

    • Dougie, thanks for this. I actually spotted the mistake soon after posting and corrected it, but of course anyone going on the original email notification would have faced the problem you did. Apologies for that, we do our best to get things right first time!

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  2. Quite. What we do know is that our entire society is generally better disposed towards females than males. This is shown in research about the care of babies to the 6% premium given to girls in their teachers’ assessment/marking compared to boys. In the debates about what became the sexual offenses act a number of feminists argued that in fact the severity of sentences should be reduced because the current draconian punishments made juries think again and harder when weighing up whether the guy is guilty. Basically their point was if the sentences were less, a conviction would be more likely as the default position is to “believe” the tearful victim but this waivers because of the harshness of the punishment that will be meted out. Juries take their role more seriously according to the consequences.

    Lets be honest if faced with an attractive tearful young woman and a usually more stoical young man, the sympathy always flows one way. Even Germaine Greer pointed this out by suggesting there be fines or short sentences for sexual offences because the default position is “he must have done something wrong”. A lesson most boys and girls learn very early as it needs only tears and an accusation to get a boy in trouble. One need only see how once an accused male is named the there is an overwhelming outpouring of vitriol and punishment from every direction, quite independent of any evidence, any verdict, any due process. and certainly with no regard to any presumption of innocence. In such a context its something of a miracle that any defendant gets a fair trial “beyond reasonable doubt” .

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    • A case in point Marilyn Manson sexual assault investigation dropped by lawyers – BBC News Though they report that after a year nothing provable has been found and therefore the man is innocent. The report gleefully rehearses the accusations and the “bravery” of the accusers. So we’re left thinking he got off, but really he’s guilty. So with no evidence, no court case and certainly no conviction he’s condemned. Sometimes its a bit more subtle, such as with Mason Greenwood in which always they mention the accusations and the fact the case was dropped. They never include that his accuser was his girlfriend Harriett Robson who has been with him ever since and they have two children. Which gives a different cast to the situation. Again leaving out this part of the story leaves with the impression Greenwood “got off” but really is guilty. Manson in particular was the ideal “perpetrator” with his long career of cultivating an Alice Cooper persona of excess, an ideal “monster” making it all the more likely a year’s intensive investigation and publicity would turn up something from a very public lifestyle of sex, drugs and rock and roll. While Greenwood, like Ched Evans, fulfilled the stereotype of the vastly overpaid arrogant footy star who we love to hate.

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