Do jurors believe male victims? What a new study says about rape myths in court
When people think about sexual assault, they often picture a female victim and a male perpetrator. But sexual violence affects men and boys too. In England and Wales alone, the Crime Survey for England and Wales estimated that around 275,000 men experienced sexual assault in 2022.
In recent blogs, we have alluded to new ONS figures showing 712,000 men experienced domestic abuse in the year ending March 2024, and over 40% of Luton's domestic abuse victims were males. Yet male victims remain far less likely to report incidents.
It is clear that a big reason for this is stigma. We have referenced this in previous blogs, but it really is a massive factor in male silence. Another reason, which is perhaps less obvious, is fear of not being believed.
A new study published in the journal Behavioural Sciences & the Law has explored how deeply held beliefs about male sexual assault - referred as “male rape myths” - may influence how jurors interpret evidence and reach verdicts in rape trials involving male victims.
Rape myths are widely held but misleading ideas about sexual violence. For male victims, these myths are go back to the aforementioned stereotypes and stigma surrounding masculinity. For example, some people believe that “real men” should be able to fight off an attackers, or that a man who did not visibly resist must have consented. Others assume that men are less affected by sexual assault.
To examine whether these beliefs affect decision-making in jury deliberation rooms, researchers recruited 463 participants to act as mock jurors. Before evaluating the case, participants completed a questionnaire measuring their level of agreement with common myths about male rape.
They were then presented with a mock trial scenario in which one man accused another of rape. The evidence remained the same across different versions of the case, although the ethnicity and sexual orientation of the men involved varied. Participants were asked to reach a verdict and explain their reasoning.
The findings illustrate what many people and organisations championing mental health and breaking silence already know.
Participants who strongly believed male rape myths were significantly more likely to deliver a “not guilty” verdict. They were also more likely to doubt the complainant’s credibility and question whether the evidence was strong enough to prove the crime.
In contrast, participants who rejected these myths were more likely to believe the complainant and return a guilty verdict.
Importantly, the ethnicity and sexual orientation of the individuals in the case did not appear to influence decisions. Instead, the most prominent factor shaping verdicts was the juror’s existing beliefs about male sexual assault.
Researchers also asked participants to explain how they reached their decisions.
The juror's who were more likely to believe in the myths often focused on the behaviour of the victim, such as questioning why the complainant did not explicitly say “no” or physically resist. Meanwhile, participants who rejected these myths were more likely to consider factors such as intoxication and whether the complainant was capable of giving consent.
As expected, the researchers work highlights the barriers that can still exist when men speak out about sexual violence. If myths about masculinity and consent shape how people interpret evidence, it may help explain why many male victims fear they will not be taken seriously.
However, unlike many of the cheap rhetoric we so frequently refer to in this blog, the researcher also points to solutions. I get more and more amazed when people do that these days.
In this instance, they suggest that better juror education, through judicial guidance or educational materials could help challenge long-held misconceptions about male sexual assault.
The study is well-worth your time. You can find it here: https://onlinelibrary.wiley.com/doi/10.1002/bsl.70044