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Wednesday, 1 February 2006, 10:07 GMT

Date rape judges 'affect outcome'

Distressed woman A judge's summing up in date rape cases can have a critical influence on a jury's decision, a report suggests.

It says juries are more likely to acquit men if judges question women's motives - even if jurors do not believe in date rape "myths" beforehand.

The research, for the British Psychological Society, presented 168 students with scenarios which included two fictional summings up from judges.

Currently just one in five rape cases which get to court end in a conviction.

The study's results also found that men were more likely than women to find an alleged rapist innocent.

Men were also more accepting of so-called myths - such as evidence that women made false allegations to excuse unwanted pregnancies.

Two versions

Dr Jacqueline Gray of Middlesex University, who carried out the research, said: "While these findings are based on individual decisions, they suggest the nature of guidance given may influence decision making in the potentially ambiguous situation of date rape.

"This suggests that a judge instructing a jury should try to provide unbiased instructions."

In the research, those questioned were given the same date rape scenario but two different summings up.

The first was based on an actual statement made by a judge during a rape trial.

It read: "There is evidence that false accusations are sometimes made. Whilst the motives for making such accusations may be obvious... on other occasions, the woman's motives may be obscure or the real reason for her acting in that way may never come to light."

The second read: "Some people believe that women make these accusations to excuse an unwanted pregnancy or for motive such as revenge... The evidence from the courts does not support this, and should such a false claim be made, it would be extremely unlikely to get past the initial police inquiry and the Crown Prosecution Service."

Results indicated that those given the second summing up were more likely to opt for a guilty verdict.




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Related to this story:
The thorny question of consent (24 Nov 05 |  UK )
Women 'get blame for being raped' (21 Nov 05 |  UK )
Rape convictions hit record low (25 Feb 05 |  UK )
Court system cause for change (30 Jun 04 |  UK )

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