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The Perception of Elder Sexual Abuse in the Courtroom

University of Kentucky

Jonathan M. Golding

University of Kentucky

John A. Yozwiak

University of Minnesota

Gregory S. Bradshaw

Bradshaw Litigation Consulting

Terri L. Kinstle

Ocala, Florida

Dorothy F. Marsil

Kennesaw State University

This study explored mock juror perceptions of elder sexual mistreatment (ESM). In Experiment 1, 118 participants read a fictional criminal trial summary of an ESM case in which a 76-year-old woman was allegedly abused by either her son or a neighbor. In Experiment 2 (n = 360), the ESM occurred in either a nursing home or the elder's home and the alleged perpetrator was either her son or a nursing home worker. Conviction rates were relatively low in both experiments (25% and 33%, respectively). Women were more pro-prosecution than men in case judgments. Overall, the study provides evidence that mock jurors may question the credibility of elders in ESM cases.

Key Words: criminal trial • elder sexual abuse • juror perceptions • mock jury

This version was published on June 1, 2009

Violence Against Women, Vol. 15, No. 6, 678-698 (2009)
DOI: 10.1177/1077801209332294


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