Research and public policy series

No. 68: The impact of pre-recorded video and closed circuit television testimony by adult sexual assault complainants on jury decision-making : an experimental study

Natalie Taylor and Jacqueline Joudo
ISBN 0 642 53892 1 ; ISSN 1326-6004
Canberra: Australian Institute of Criminology, 2005
$22.00 (including GST), soft cover. (plus postage and handling)

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Abstract

This report presents the findings from a mock sexual assault jury trial research project conducted on behalf of the New South Wales Attorney General's Department in 2005. The project aimed to investigate whether the impact of adult sexual assault complainant testimony on juror perceptions and decisions differs if presented via closed circuit television (CCTV), pre-recorded videotape or face-to-face in the courtroom. The study also investigated the impact of emotional versus neutral complainant testimony. Eighteen mock trials were held in a mock courtroom in which 210 members of the public participated as jurors. After watching the trial but before jury deliberation, jurors completed individual questionnaires which investigated their perceptions of complainant credibility, empathy with the complainant, overall impression of the complainant, empathy with the accused, overall impression of the accused and personal beliefs about guilt of the accused. After jury deliberation, jurors completed a questionnaire which asked again about their beliefs about guilt of the accused. Jurors also completed a questionnaire about their attitudes toward rape victims in general. The report outlines the methodology used, the key findings, issues arising from juror feedback and the difficulties encountered by jurors in trying to reach unanimous verdicts. The study finds, overall, that immediately following the trial but before jury deliberation, mode of presentation of testimony (face-to-face, CCTV or pre-recorded videotape) did not impact differentially on juror perceptions of the complainant or the accused, or guilt of the accused. The degree to which the complainant was upset while giving her testimony (emotional) or calm (neutral) was also not found to impact in any consistent pattern on juror perceptions or decisions. One of the key insights obtained during this study was the high degree to which many jurors believed many of the "myths" which surround rape in general. Acceptance of these myths means that many jurors have strong expectations about how a "real" victim would behave before, during and after an alleged sexual assault. These expectations impact on their perceptions of the complainant's credibility. Other key issues were the difficulty juries experienced in defining reasonable doubt, and the difficulty of understanding what was meant by "consent".

Contents

• Foreword
• Acknowledgements
• Executive summary
• 1. Introduction
• 2. Use of CCTV and pre-recorded video in evidence
• 3. Prior research on the manner in which testimony is presented in the courtroom
• 4. Overview of the mock sexual assault video trials research project
• 5. Findings
• 6. Conclusions
• References
• Appendix A : Methodology
• Appendix B : Juror eligibility criteria
• Appendix C : Scale items and reliabilities
• Appendix D : Statistical tables
• Appendix E : Layout of the mock courtroom

List of tables

• Table 1.1 : Proportions of adjudicated defendants in the NSW higher courts acquitted, by offence type
• Table 2.1 : Legislative provisions relating to alternative arrangements for the evidence of adult complainants of sexual assault
• Table 3.1 : Empirical studies investigating the impact of different modes of presentation
• Table 3.2 : Evaluations/surveys investigating the impact of different modes of presentation
• Table 3.3 : Studies investigating the impact of emotionality of testimony
• Table 4.1 : Overview of research design
• Table 5.1 : Demographics of jurors
• Table 5.2 : Mean sex differences on primary dependent measures
• Table 5.3 : Means and standard deviations for primary dependent measures by condition
• Table 5.4 : Voting pattern for hung juries
• Table 5.5 : Proportions within each jury in favour of a not guilty verdict
• Table 5.6 : Characteristics associated with type of verdict preferred by jurors
• Table 5.7 : Variables significantly associated with higher perceptions of guilt
• Table 5.8 : Demographic variables significantly associated with attitudes toward rape victims scale
• Table A1 : Summary of research design
• Table A2 : Gender and age breakdown of prospective jurors attending the Melbourne jury pool in 2003-04
• Table A3 : Composition of juries in mock video trials
• Table D1 : Linear hierarchical multiple regression analysis predicting pre-jury deliberation personal belief about guilt
• Table D2 : Linear multiple regression analysis predicting attitudes to rape victims scale
• Table D3 : Zero order correlations between all dependent measures

List of figures

• Figure 5.1 : Mean ratings on emotionality of complainant testimony, by condition
• Figure 5.2 : Mean ratings on personal belief about guilt of accused prior to jury deliberation and after jury deliberation
• Figure 5.3 : Mean ratings of complainant credibility, by condition
• Figure 5.4 : Mean ratings of empathy with complainant, by condition
• Figure 5.5 : Mean ratings of overall impression of complainant, by condition
• Figure 5.6 : Mean ratings of empathy with accused, by condition
• Figure 5.7 : Mean ratings for overall impression of accused, by condition
• Figure 5.8 : Mean ratings for personal belief about guilt of accused, by condition
• Figure 5.9 : Mean ratings for perceived stress at court for complainant, by condition
• Figure 5.10 : Mean ratings for fairness of courtroom procedures for complainant, by condition
• Figure 5.11 : Mean ratings of fairness of courtroom procedures for accused, by condition
• Figure 5.12 : Mean ratings of complainant's contribution to incident, by condition
• Figure 5.13 : Jurors' "rationale for personal belief about guilt of accused" prior to jury deliberation
• Figure 5.14 : Proportion of all jurors who favoured a guilty or not guilty verdict, by mode of presentation
• Figure 5.15 : Mean rating of degree to which prosecution had proved case beyond reasonable doubt
• Figure 5.16 : "Rationale for personal belief about guilt of the accused" prior to jury deliberation and after jury deliberation by mode of presentation
• Figure 5.17 : "Rationale for personal belief about guilt of the accused" prior to jury deliberation and after jury deliberation across all jurors
• Figure 5.18 : Mean degree of shift between pre and post jury deliberation beliefs about guilt (difference score) as a function of preferred verdict and direction in which jury leaning
• Figure 5.19 : Hypothesised relationships between measured variables relating to personal belief about guilt
• Figure E1 : Layout of the mock courtroom

Related links

• Project information: The use of video to record the evidence of adult sexual assault victims
• Topic: Sexual violence
• How to order this publication