JUROR'S RESPONSES

NON-LEGAL FACTORS OFTEN INCLUDE CHARACTERISTICS OF THE VICTIM AND CHARACTERISTICS OF THE JURORS

LeFREE OPERATIONALIZED VICTIMS BEHAVIOR AS NONTRADITIONAL IF:

1. DRINKING

2. USING DRUGS

3. SEX OUT OF MARRIAGE

4. ILLEGITIMATE CHILDREN

5. REPUTATION - PARTIES OR PLEASURE SEEKER

GENERALLY:

"ACQUITTALS WERE MORE COMMON AND FINAL SENTENCES WERE SHORTER WHEN NONTRADITIONAL VICTIM BEHAVIOR WAS ALLEGED."

LEGAL DEFENSE HAS TO CENTER ON:

1. SEXUAL ACT OCCURRED OR ATTEMPTED
   
   
2. NO CONSENT
   
   
3. CORRECT IDENTIFICATION
   
   
4. DIMINISHED RESPONSIBILITY

ARGUMENTS ABOUT NONTRADITIONAL BEHAVIOR ALWAYS MADE WHEN ISSUE WAS CONSENT

NEVER USED WHEN ARGUMENTS ABOUT DIMINISHED RESPONSIBILITY OF OFFENDER WAS MADE

THE TYPE OF STRATEGY IMPACTS THE INFORMATION PRESENTED AT TRIAL

IF NONTRADITIONAL BEHAVIOR, HOWEVER LITTLE, LESS LIKELY TO BELIEVE THE DEFENDANT'S GUILT

WHITE MALE

"MAYBE SHE WOULDN'T [HAVE HAD SEXUAL INTERCOURSE] IF SHE HADN'T BEEN DRINKING AND SMOKING MARIJUANA. I THINK SHE WAS MORE CAREFREE AFTER THAT AND THAT SHE JUST LET IT HAPPEN. I DON'T THINK SHE WAS SOBER ENOUGH TO CARE."

WHITE FEMALE

"YOU DON'T GET IN A CAR AT MIDNIGHT WITH TWO COMPLETE STRANGERS AND NOT EXPECT TO DO SOMETHING."

BLACK FEMALE

"... [SHE] PUT HERSELF IN A POSITION FOR IT. SHE ASKED FOR IT AND GOT IT. IT'S A POOR MAN WHO TURNS DOWN ANYTHING FOR FREE."

BLACK FEMALE

"ABRASION OF THE VAGINA STILL DOESN'T MEAN RAPE -- SHE MIGHT WANT THAT FORCE."

DEFENDANTS WITH RECORDS OR WHOSE DEMEANOR AND DRESS WERE NEGATIVE WERE THOUGHT GUILTY

IF THE VICTIM WAS BLACK, JURORS WERE LESS LIKE TO BELIEVE RAPE

ANY PRIOR RELATIONSHIP BETWEEN THE VICTIM AND THE DEFENDANT LOWERED CHANCES OF JURORS FINDING GUILT