Mock jury attitudes towards credibility, age, and guilt in a fictional child sexual assault scenario

Low conviction rates of child sexual assault (CSA) remain a persistent social problem in Australia. One reason for this may be the impact of attitudes regarding the victims when the evidence is weak. This article examines the effects of victim age on perceptions of credibility and verdict in a CSA case. Eleven electronic focus groups deliberated a fictional CSA case, in which the age of the child was systemically varied between 6 and 15 years. Deliberation transcripts were analysed with NVivo (Version 9, QSR International Pty Ltd., Burlington, MA, USA), from which thematic clusters were derived. Results showed that as the child's age increased, credibility and guilty verdicts decreased. In addition, testimony alone had little impact in influencing the verdict. These findings suggest that in lieu of corroborating evidence, increasing supporting information, such as expert testimony, and providing structured deliberation for the jury may reduce the influence of victim blame, particularly when the child victim is older.

Attitudes towards younger and older victims of child sexual assault

The findings of this thesis showed that while mock jury groups perceived older children as less credible, other factors such as lack of evidence and testimony were important considerations in the determination of guilt.

Staff perceptions of risk of assault in psychiatric settings

This thesis examined current perceptions and experiences of staff relating to threatening and assaultive patient behaviours in mental health and forensic settings. The research uncovered the interrelated nature of staff experiences of assault and perceived vulnerability, with the view to optimising patient care and staff wellbeing in psychiatric settings.

Evaluation of Victoria Police SOCIT-MDC reforms for sexual assault investigation

 This thesis evaluated the impact of sexual offence reforms implemented by Victoria Police. The findings of this thesis demonstrated that the reforms reduced victim-blaming attitudes of police, improved investigators’ understanding of sexual offending, increased perceptions of case authorisation, and demonstrated faster police investigation times after the reform.

The effect of community interventions on alcohol-related assault in Geelong, Australia

Alcohol has consistently been demonstrated to increase levels of aggression and violence, particularly in late night licensed venues. Since 2005, the City of Geelong in Australia has implemented a substantial number of interventions to reduce alcohol related violence, including a liquor accord, increased police surveillance, ID scanners, CCTV, a radio network and an alcohol industry sponsored social marketing campaign. The aim of the current study is to assess the individual and collective impact of community interventions on indicators of alcohol-related assaults in the Geelong region. This paper reports stage one findings from the Dealing with Alcohol-related problems in the Night-time Economy project (DANTE) and specifically examines assault rate data from both emergency department presentations, ICD-10 classification codes, and police records of assaults. None of the interventions were associated with reductions in alcohol-related as-sault or intoxication in Geelong, either individually or when combined. However, the alcohol industry sponsored social marketing campaign ‘Just Think’ was associated with an increase in assault rates. Community level interventions appeared to have had little effect on assault rates during high alcohol times. It is also possible that social marketing campaigns without practical strategies are associated with increased assault rates. The findings also raise questions about whether interventions should be targeted at reducing whole-of-community alcohol consumption.

Mandatory jury directions in sexual assault trials in Victoria: less a model than a cautionary tale?

 Jury directions in relation to the issue of consent in trials of sexual offence cases are mandated in two jurisdictions in Australia (Victoria and the Northern Territory). The Australian Law Reform Commission, in conjunction with the New South Wales Law Reform Commission, has recommended that provisions similar to those in Victoria should be contained in relevant legislation in all States and Territories. However, a recent series of cases in Victoria has revealed significant problems in relation to the mandatory jury directions. These difficulties have generated increasingly elaborate and complex directions. The complexity of these directions not only presents considerable challenges for judges but also may overwhelm, rather than assist, members of the jury. The Court of Appeal of Victoria has called for “urgent and wholesale reform”. In the light of these concerns, it is suggested that the Victorian mandatory directions do not provide a model for other jurisdictions. Rather, the Victorian experience can be seen as a cautionary tale of the problems and pitfalls of such directions. Recently, the Victorian government has passed the Jury Directions Act 2013. This Act sets out “guiding principles” that should determine the content, and use, of jury directions. These guiding principles should form the basis for any jury directions with respect to sexual offences.

Sentencing in child sexual assault cases: factors influencing judicial decision-making

To date, there has been limited examination of variables that influence sentencing in child sexual abuse cases. This study examines the extent to which offence characteristics (such as the number of offences, number and age of victims), the behaviour and perceived credibility of the victim impact upon both sentence length and the setting of earliest parole dates. Analyses conducted using data from 66 adjudicated cases of child sexual assault from the County Court of Victoria, Australia revealed that longer sentences were handed down to offenders who had perpetrated multiple offences, or who had committed offences against younger children. Lower levels of victim credibility were associated with shorter sentences and earlier parole dates for offenders, which were also associated with the presence of more harmful behavioural indicators of abuse. The findings are discussed regarding the importance of presenting evidence about the behaviour of victims following sexual abuse in criminal trials. © 2013 Copyright National Organisation for the Treatment of Abusers.

Prosecutors’ perceptions of the utility of video-evidence for adult complainants of sexual assault

Playing an adult sexual complainant’s video-recorded police interview as the basis for his or her evidence-in-chief is a reform Australia could adopt to help improve criminal justice responses to these cases. This article presents a qualitative evaluation of prosecutor’s support for this reform and their views about what conditions would determine its utility. Focus groups were held with 13 prosecutors from across New Zealand (which already has this reform) and Australia. Collectively, prosecutors supported the availability of video-evidence for adult complainants. They perceived the utility of this reform depends on the following conditions: (1) the quality of the police interview; (2) how credibly the complainant presents on video; (3) contextual factors that influence the complainant’s ability to give live evidence; and (4) the degree of stakeholder support. These findings suggest that Australia should extend video-evidence to adult complainants of sexual assault guided by careful planning aroundthese four areas.

Police and prosecutors' perceptions of adult sexual assault evidence associated with case authorisation and conviction

This study examined the association between the quality of verbal evidence in cases of sexual assault reported by adults and professionals’ (police and prosecutor) ratings of the likelihood that the cases will result in a conviction at trial. Sixteen police detectives and 19 prosecutors (all specialists in sexual assault) each read two mock sexual offence briefs of evidence, one of a case involving rape of an adult and the other involving an adult reporting historical child sexual abuse. For each case type, two versions of the briefs were developed with regard to evidence quality, which varied according to the degree of elaboration in the responses by the witnesses and suspect, and contextual evidence. Participants rated the likelihood of proceeding with a case and conviction (on 10-point likert scales) and provided a rationale for their decisions. Almost all of the participants agreed that the cases would proceed to court. However, the likelihood of conviction was not associated with the likelihood of proceeding to court, or the evidence quality of the briefs. Differences were found in both the ratings of proceeding to court and conviction, and the factors underpinning the ratings across the two professional groups. The implications of the findings for police organisations are discussed.

Excessive force used in making an arrest: does it make the arrest ipso facto unlawful?

The purpose of this article is to consider whether or not the use of excessive force in effecting an arrest makes the arrest ipso facto unlawful at common law. With a dearth of appellate court authority on point in either Australia or the United Kingdom, the question is presently open. It is my argument that as force is not a minimum condition of an arrest, its excessive use will not, therefore, make unlawful an otherwise lawful arrest. This conclusion is a matter of some import. It exposes an arrester to civil and possibly even criminal liability for assault but not to an action for false imprisonment. It may also have practical repercussions for the possible discretionary exclusion of evidence on public policy grounds. In theory, it should not matter whether excessive force made an arrest unlawful or not, for the public policy discretion permits a judge to exclude evidence illegally or improperly obtained. But common sense suggests that a judge may not be so likely to exclude evidence when the relevant conduct amounts only to police impropriety not illegality.

Behavioural characteristics of rapists

A substantial proportion of past research on rapists has focused on their motives. This paper reports on two studies that investigated the behavioural characteristics of rapists. The first study gathered behavioural data from police rape files to determine the types of behaviours exhibited by 130 men charged with rape. The second study was designed to validate the behavioural clusters found in study 1, using the transcripts of court cases from a sample of 50 accused rapists. The results demonstrated a high level of consistency in the behaviours of the accused rapists in the two studies. Rapists were most frequently a stranger, the rape occurred frequently in the victim's home, and the rapist used a range of different ways to communicate verbally with his victim. Five behavioural themes were identified in both studies: vaginal, kissing/fondling, oral, anal and brutal/physical themes. This analysis of the behavioural aspects of rape provides an understanding of the types of behaviours exhibited by men who reach the stage of court proceedings for the crime of rape. The difference between the current behavioural profile and that reported by members of the general community who have experienced rape is discussed.

Behavioral characteristics of men accused of rape: evidence for different types of rapists

The aim of this study was to determine whether the behavioral characteristics demonstrated by rapists clustered together into groups that were similar to the common rapist typology in the literature: anger, power exploitative, power reassurance, and sadistic. Two studies were conducted to examine the evidence for this typology. Study 1 involved the analysis of data from 130 men charged with sexual assault and Study 2 involved the analysis of court transcripts from 50 rape cases tried through the court system. The results of Study 1 revealed that there was some validity to the characteristics usually associated with each of the four types of rape, especially for the power reassurance and sadistic rapists. However, there were some unexpected outliers within both the anger and power exploitative types of rapists, which may suggest that there is more than one type of anger rapist and more than two types of power rapists. The results of Study 2 very closely replicated the results of Study 1. Future research needs to focus on the behavioral, motivational, and cognitive characteristics associated with each of the types of rapists and research them separately, so that it is possible to further evaluate the evidence for the typology identified in this study.

Rethinking profeminist men's behaviour change programs

Many of the programs operating in Australia for men who are violent to their women partners claim to have a profeminist framework. These programs cite the importance of challenging the control that male perpetrators have over women partners. Given the development of policy frameworks, standards manuals and best practice models that espouse a commitment to feminist analyses, women’s safety and accountability, most commentators have concluded that feminist concerns about men’s programs have been adequately responded to in the current climate. This article will review the key axioms underpinning programs that espouse a profeminist analysis to assess the extent to which feminist analyses of men’s violence are incorporated into the principles, theories and strategies for working with violent men.

How is gender-based violence covered in the sporting news? An account of the Australian Football League sex scandal

Despite the significant amount of feminist and sociological research devoted to the question of sexual harassment and assault in sport, there has been little accompanying exploration of how the media discuss gender-based violence by sportsmen. This study examines the narratives of gendered behaviour that emerge in stories about Australian rules footballers and violence against women in the sport sections of two major Australian newspapers. As the audience for sport news is primarily male, the way that sexual misconduct by footballers is reported in this section of the newspaper provides an important dimension in theorising how media institutions influence public discourse and understandings of gender.