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The aim of the research was to investigate jury decision-making in rape trials involving intoxication. The law offers little assistance to the jury in deciding when a victim is ‘too intoxicated’ to give consent to intercourse. As concerns about the use of ‘date rape drugs’ such as GHB and Rohypnol are high, this research was important as it challenged the unquestioning acceptance that such drugs rendered the victim unconscious and incapable of consenting to intercourse. It also addressed the social acceptability of administration of alcohol to the victim’s drink without her knowledge as a means of securing consent to intercourse.

The research was conducted by means of trial simulation. A series of mock trials were enacted in front of an audience of jury-eligible members of the public. At the conclusion of the trial, the audience were divided into three separate juries and asked to deliberate in order to reach a conclusion about guilt or innocence. These deliberations were recorded, transcribed and analysed in order to identify the attitude of the jurors towards the different kinds of intoxicants that were used and to explore what other factors, such as the age, appearance or behaviour of the defendant and victim, were influential.

Award/Grant Outputs and Documents
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