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Labels and the Adjudication of Rape: Words Matter

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Abstract

Those involved in the adjudication of sexual assault often communicate as much or more concern for the leveling of an inaccurate accusation against the accused than for the effect of the crime on the victim. Gender roles that influence perceptions of sexual assault responsibility have long been credited for the stalemate in the prevention of and justice for sexual violence. This study directly examines whether linguistic labels of sexual misconduct influence the perception of both criminal wrong-doing and the imposition of sanctions. This project hypothesizes that lexical choices in sexual assault labels can elicit or stifle gender stereotypes and rape myths that ultimately encourage a particular perception of the violation and potential sanction for an offense. Using a sample of 152 college students, this study uses a hypothetical scenario paired with three different linguistic labels (rape, sexual assault, non-consensual sexual intercourse) and found that the terms rape and sexual assault negatively correlated to findings of guilt.

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Raw data were generated by the researchers at their institution. Derived data supporting the findings of this study are available from the lead author on request.

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Funding

There was no funding received by any of the researchers on this project. There is no funding on any projects completed by any of the researchers that could have appeared to influence the work reported in this paper.

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The paper properly credits the meaningful contributions of co-authors and co-researchers. All authors have been personally and actively involved in substantial work leading to the paper, and will take public responsibility for its content.

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Correspondence to Mara K. Berkland.

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The authors of this paper have NO affiliations with or involvement in any organization or entity with any financial interest (such as honoraria; educational grants; participation in speakers’ bureaus; membership, employment, consultancies, stock ownership, or other equity interest; and expert testimony or patent-licensing arrangements), or non-financial interest (such as personal or professional relationships, affiliations, knowledge or beliefs) in the subject matter or materials discussed in this manuscript.

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All procedures performed in studies involving human participants were in accordance with the ethical standards of the institutional and/or national research committee and with the 1964 Helsinki declaration and its later amendments or comparable ethical standards and were reviewed by the institutional review board of the authors. Approval letter and documents available on request.

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(Include appropriate statements) All participants in this project were given two opportunities to opt into the research project, once at the invitation email where they had to open the survey and once on the first page of the survey where they had to review their rights and consent to participate in order to see the questions.

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(Include appropriate statements) No identifying data, personal information, or images from any participants were included in this study.

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Berkland, M.K., Ji, Y. & Jain, S.C. Labels and the Adjudication of Rape: Words Matter. Sexuality & Culture 26, 1579–1598 (2022). https://doi.org/10.1007/s12119-022-09959-5

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  • DOI: https://doi.org/10.1007/s12119-022-09959-5

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