Credibility in context: Jury education and intimate partner rape

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Abstract

This article reflects critically on the scope of educational jury directions currently utilised in sexual offence cases in England and Wales and argues for their extension to circumstances specifically arising in cases of so-called ‘domestic’ or intimate partner rape. This position is defended as a necessary step to promote more accurate credibility assessment of claims of sexual violence and the prospects of just trial outcomes for survivors in this subcategory of rape cases.

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Most cited references 95

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Risk factors for femicide in abusive relationships: results from a multisite case control study.

Jacquelyn C. Campbell, Daniel Webster, Jane Koziol-McLain … (2003)

This 11-city study sought to identify risk factors for femicide in abusive relationships. Proxies of 220 intimate partner femicide victims identified from police or medical examiner records were interviewed, along with 343 abused control women. Preincident risk factors associated in multivariate analyses with increased risk of intimate partner femicide included perpetrator's access to a gun and previous threat with a weapon, perpetrator's stepchild in the home, and estrangement, especially from a controlling partner. Never living together and prior domestic violence arrest were associated with lowered risks. Significant incident factors included the victim having left for another partner and the perpetrator's use of a gun. Other significant bivariate-level risks included stalking, forced sex, and abuse during pregnancy. There are identifiable risk factors for intimate partner femicides.

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Frequency and correlates of intimate partner violence by type: physical, sexual, and psychological battering.

Lorraine P. Smith, James Coker, Stephanie McKeown … (2000)

This study estimated the frequency and correlates of intimate partner violence by type (physical, sexual, battering, or emotional abuse) among women seeking primary health care. Women aged 18 to 65 years who attended family practice clinics in 1997 and 1998 took part. Participation included a brief in-clinic survey assessing intimate partner violence. Multiple polytomous logistic regression was used to assess correlates of partner violence by type. Of 1401 eligible women surveyed, 772 (55.1%) had experienced some type of intimate partner violence in a current, most recent, or past intimate relationship with a male partner; 20.2% were currently experiencing intimate partner violence. Among those who had experienced partner violence in any relationship, 77.3% experienced physical or sexual violence, and 22.7% experienced nonphysical abuse. Alcohol and/or drug abuse by the male partner was the strongest correlate of violence. Partner substance abuse and intimate partner violence in the woman's family of origin were strong risk factors for experiencing violence. Efforts to universally screen for partner violence and to effectively intervene to reduce the impact of such violence on women's lives must be a public health priority.

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Leaving an abusive partner: an empirical review of predictors, the process of leaving, and psychological well-being.

G Saunders, K. Anderson (2003)

Four facets of leaving an abusive relationship are reviewed: (a). factors related to initially leaving an abusive partner; (b). the process of leaving an abusive relationship; (c). the psychological well-being of survivors after leaving; and (d). the predictors of this well-being. The conceptual and methodological limitations of studies in each of these areas are presented. Consistently found predictors of leaving include both material and psychological factors. Because battered women typically undergo several shifts in their thinking about the abuse before leaving permanently, research on leaving as a process is highlighted. A stress-process framework is used to explain the seemingly paradoxical finding that some women just out of the abusive relationship may have greater psychological difficulties than those who are still in it. For those experiencing the most stress, psychological health can worsen over time. Researchers and practitioners need to pay more attention to the plight of women who have left abusive partners.

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Author and article information

Contributors

Louise Ellison: (View ORCID Profile)

Journal

Title: The International Journal of Evidence & Proof

Abbreviated Title: The International Journal of Evidence & Proof

Publisher: SAGE Publications

ISSN (Print): 1365-7127

ISSN (Electronic): 1740-5572

Publication date Created: October 28 2018

Publication date Created: July 2019

Publication date (Electronic): November 05 2018

Publication date (Print): July 2019

Volume: 23

Issue: 3

Pages: 263-281

Affiliations

[1 ]Professor of Law, University of Leeds, Leeds, UK

Article

DOI: 10.1177/1365712718807225

SO-VID: 35346d98-76e6-4bbf-bf15-2afa934e4f6d

License:

http://journals.sagepub.com/page/policies/text-and-data-mining-license

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