University:
University College London
Course:
LAWS0357 | Sexuality and the Law
Academic year:

2024
Views:

165

Pages:

2
Author:

Namira A.

Juries and Evidence in Sexual Offences Prosecutions Date: 21 July 2023 Dr Lewis Ross (Asst Prof LSE Philosophy) Introduction Reflex actions: Automatic response to external trigger Volitional action: "Up to you"-ness The law assumes our actions are volitional by default. But, recognizes cases where strong external triggers reduce responsibility. E.g., "Loss of control" partial defense for murder. The law recognizes a primary role of threat in such triggering "Freezing" during rape, sexual assault may be an involuntary, automatic behavioral response to threat, leading to omission of voluntary action. Immobility During Rape or Sexual Assault (IRSA) - RSA victims widely report "freezing" - They wish to escape or cry out, coupled with an inability to do so - “I just - I just froze in a way, like I was just scared. And like I didn't know him and I didn't know what he could do to me.” - (R v Dunrobin 2008) - The loss of agency during IRSA is not easy to understand for the victim, the court, or society at large. Why is this? -  Rape myth: "Why didn't she struggle?"  Victim's traumatic memories  Strangeness of losing one's default capacity for voluntary action Based on Moller et al. (2017):  48% of women attending an emergency clinic for rape or sexual assault appeared to have extreme "Tonic immobility" (i.e., freezing or IRSA) during the assault. -  Associated with previous trauma, PTSD and poor outcomes for victim  No association with alcohol intake, or feelings of fear (Fusé et al., 2017)  Relation with legal outcomes is unknown Neural mechanisms of freezing are relevant to law: -  Invasive studies of freezing and severe threat in animals  Human volunteer experiments on moderate threat and transient freezing The brain's threat systems inhibit the voluntary motor system at the level of the brain stem or spinal cord - The threat system thus blocks the individual's normal capacity for voluntary action Perspectives And Future Directions Immobility during rape and sexual assault (IRSA) is an involuntary behavioral response to severe threat, which affects the victim's capacity to act "Why didn't she struggle?" arguments remain common, even in legal systems which define rape based on consent rather than on violence. A modern neuroscientific ally-based understanding of IRSA suggests these arguments are misplaced, and potentially disingenuous. Improved understanding of IRSA could be useful in victim support and counselling, police and jury education, and in legal argumentation. Acknowledging IRSA may lead us to favor legal definitions of rape or sexual assault based on explicit consent (Spain or Switzerland). Neuroscience Evidence Counters a Rape Myth Victims frequently report immobility during rape and sexual assault, often using the term 'freezing'. Neuroscientific evidence suggests fear and threat can block cortical neural circuits for action control, leading to involuntary immobility. Defense arguments that blame victims for freezing are thus inappropriate and unjust.