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Perceptions of "Stealthing" in Civil Court.

Libbi A Geoghagan1, Jonathan M Golding2, Jeffrey S Neuschatz3

  • 1Department of Psychology, University of Alabama at Huntsville, Huntsville, AL, USA.

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Juror decisions in stealthing cases favor plaintiffs when victims are sober. Victim intoxication influenced judgments, often leading to defendant-sided decisions, unlike lack of consent which favored plaintiffs.

Keywords:
civil courtfemale victimizationlegal decision-makingrapestealthing

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Area of Science:

  • Psychology
  • Law
  • Sociology

Background:

  • Stealthing, the nonconsensual condom removal during sex, presents complex legal and ethical challenges.
  • Victim characteristics, such as intoxication, can significantly influence legal judgments.
  • Understanding juror perceptions is crucial for assessing the impact of victim factors in civil litigation.

Purpose of the Study:

  • To investigate how victim intoxication affects juror decision-making in civil stealthing cases.
  • To examine the mediating role of pro-victim judgments in the relationship between intoxication and case outcomes.
  • To identify the key factors influencing verdicts for both plaintiffs and defendants.

Main Methods:

  • Participants reviewed a simulated trial summary of a stealthing case.
  • Jurors rendered case judgments based on the provided trial information.
  • Statistical analyses examined the influence of victim intoxication and pro-victim attitudes on decisions.

Main Results:

  • Sober victims were associated with more plaintiff-favorable decisions compared to intoxicated victims.
  • Pro-victim judgments partially mediated the impact of victim intoxication on case decisions.
  • Victim intoxication was a primary justification for defendant-sided verdicts, while lack of consent drove plaintiff-sided verdicts.

Conclusions:

  • Victim intoxication can negatively impact perceptions of the plaintiff in civil stealthing cases.
  • Legal decision-making is influenced by a complex interplay of victim characteristics and perceived consent.
  • Findings offer insights into how jurors evaluate consent and victim credibility in sexual misconduct litigation.