Admissibility of Prior Sexual History Evidence
Examining Its Impact on Mock‐Jurors’ Judgments When Gender and Race Are Considered
Bibliographic Data
| ID | 21558237 |
|---|---|
| Authors | Bailey M Fraser (0000-0002-0128-3749, Department of Psychology Carleton University Ottawa Ontario Canada, corresponding author), Emily Pica (0000-0002-4100-226X, Department of Psychological Science and Counseling Austin Peay State University Clarksville Tennessee USA), Joanna D Pozzulo (Department of Psychology Carleton University Ottawa Ontario Canada), Joanna Pozzulo (0000-0002-1782-6058, Carleton University) |
| Year | 2026 |
| Volume | 44 |
| Issue | 1 |
| Pages | 20-33 |
| Publication date | 2026-02-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Behavioral Sciences & the Law (JOURNAL) |
| Journal identifiers | ISSN: 0735-3936 • E-ISSN: 1099-0798 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1002/bsl.70018 |
| PMID | 41070694 |
| OpenAlex | W4415040246 |
| Language | EN |
| References cited | 62 |
Rape shield laws restrict the admission of prior sexual history evidence (PSHE) in sexual assault trials in various countries, including Canada and the U.S. Despite such laws, admission of PSHE is often at the discretion of a trial judge. The current study examined the effect of PSHE (present, absent), victim and defendant gender (male, female), and victim race (White, Indigenous) on mock‐juror decision‐making. Undergraduate students ( N = 484) read a mock‐trial transcript depicting a rape case. Mock‐jurors provided guilt ratings and perceptions of the victim and defendant. Mock‐jurors assigned higher guilt ratings, held less favourable perceptions of the defendant, and more favourable perceptions of the victim, when PSHE was absent. Mock‐jurors also were more likely to reach a guilty verdict when the victim was male (as opposed to female). Finally, mock‐jurors perceived the defendant less favourably, and the victim more favourably, when the victim was Indigenous, as opposed to White
Discretion · Perception · Poison control · Sexual history · Suicide prevention · Verdict · Human Factors and Ergonomics · Jury Decision Making Processes · Legal Education and Practice Innovations · Sexual Assault and Victimization Studies
Toward a feminist theory of the state
Rape and criminal justice
Sex Differences in Social Behavior
Beyond surveys and scales
The Effects of Physical Attractiveness, Race, Socioeconomic Status, and Gender of Defendants and Victims on Judgments of Mock Jurors
Beyond the Evidence
The role of social desirability and establishing nonracist credentials on mock juror decisions about Black defendants
Counterintuitive race effects in legal and nonlegal contexts
A systematic review of juries' assessment of rape victims
Mock Juror Ratings of Guilt in Canada
Perceptions of male-perpetrated sexual assault
An Updated Measure for Assessing Subtle Rape Myths
Better the Devil You Know? ‘Real Rape’ Stereotypes and the Relevance of a Previous Relationship in (Mock) Juror Deliberations
The Criminal Justice System’s Response to Sexual Violence
Mock Juror Perceptions of a Male or Female Adult Rape Victim Crying in the Courtroom
The Impact of Complainant Sexual History Evidence on Jurors' Decisions
Ignoring Implementation
Complainant Sexual History Evidence
Was It Rape? The Function of Women's Rape Myth Acceptance and Definitions of Sex in Labeling Their Own Experiences
Changes in Female Rape Myth Acceptance Among College Students
If “Boys Will Be Boys,” Then Girls Will Be Victims? A Meta-Analytic Review of the Research That Relates Masculine Ideology to Sexual Aggression
Prior Allegations of Harassment Impact Mock Jurors’ Perceptions of Sexual Harassment in a Criminal Trial
The ideal victim
The Sexual Victimization of Men in America
Gender, Black Feminism, and Black Political Economy
Understanding the Influence of Victim Gender in Death Penalty Cases
Rape Myths
| Citation velocity | historical |
|---|---|
| Highly cited | No |