Discerning Evidence in Civil Sexual Assault Cases

Biases have been studied in many legal contexts, including sexual assault cases. Sexual assault cases are complex because there are many stages that biases can come into play and have lasting effects on the rest of the case proceedings. One aspect that has not been widely explored is how people perceive institutions’ liability in sexual assault cases based on an obligation to create non-discriminating environments for members and employees according to laws like Title VII and Title IX. The current project focused on how and why cognitive biases affect laypeople’s judgment. Specifically, laypeople’s ability to discern the strength of evidence in civil sexual assault cases against institutions. This was addressed in a series of two studies, with samples collected from Prolific Academic (n = 90) and Arizona State University students (n = 188) for Study 1 (N = 278), and Prolific Academic in Study 2 (N = 449). Both studies used Latin-square design methods, with within and between subject elements, looking at how confirmation bias influenced decisions about whether an institution demonstrated negligence, and thus liability, in the way they responded to sexual assault allegations within their institution. Results from these studies suggest that jurors are overall accurately able to differentiate between weak and strong cases. However, consistent with previous literature, jurors may be susceptible to confirmation bias from outside information (e.g., news stories) and negatively influenced by their personal attitudes (e.g., rape myth acceptance). Given the increased attention of the Me Too movement, these results provide an initial insight into how individuals may be judging these types of cases against institutions.