The Impact of Gender Stereotypes on Legal Perceptions of Lesbian Intimate Partner Violence

Abstract

The present study examined legal perceptions of lesbian intimate partner violence (IPV) in an experimental context. Undergraduate women and men from the Southeastern United States ( N = 217) read a trial summary in which the defendant was charged with physically assaulting her same-sex partner. The trial varied as to whether the victim and defendant were depicted via images as either feminine or masculine. Participants rendered verdicts and made judgments about the victim and defendant (e.g., credibility). Results indicated that the victim's and defendant's masculine or feminine appearance affected these judgments. Female participants viewed a masculine victim as more credible than a feminine victim when the defendant was masculine. When the victim was masculine, they viewed a masculine defendant as more responsible for the victim's injuries than a feminine defendant. Male participants had higher sympathy for a masculine versus feminine victim overall, but had more anger toward a masculine defendant versus a feminine defendant accused of assaulting a feminine victim. Finally, fewer participants mentioned the defendant's history of violence as a reason for a guilty of felony verdict for a feminine victim with a feminine defendant versus all other combinations of victim and defendant masculine/feminine appearance. Results are discussed in terms of gender stereotypes influencing legal decision-making in IPV cases among lesbian couples.

The Feminizing Effect of Sexual Violence in Third-Party Perceptions of Male and Female Victims

“…Certainly, the more encompassing definitions of gender are difficult to capture as a factor in a simple experimental design. Yet understanding sex and gender as synonyms prevents researchers from getting a better grasp of the specific effects of gender stereotypes and of processes that can gender (for several exceptions, see Little and Terrance 2010;Masser et al 2010;Wasarhaley et al 2017).…”

The impact of gender stereotypes on perceptions of, and responses to, same-sex intimate partner violence

“…While there is a need to address violence towards all members of LGBTI communities, in order to effectively do this, it is also imperative that we do not conflate the experiences of, and beliefs about, specific and often intersecting LGBTI identities. In light of this, and to build on existing research in this area (Little & Terrance, 2010;Russell & Kraus, 2016;Russell, Kraus, Chapleau, & Oswald, 2016;Wasarhaley, Lynch, Golding, & Renzetti, 2015) this thesis specifically focuses on two types of 'non-prototypical' IPV, that is, IPV which occurs between same-sex attracted men and women. Further, we would like to acknowledge that the language around these identities is ever-evolving (Donovan & Barnes, 2017).…”

“…While gender stereotypes play an important role in influencing legally-relevant decision making in other types of cases (Mazella & Feingold, 1994), much less is known about the impact of these stereotypes on decision-making in the highly gendered context of IPV (Wasarhaley, et al, 2015). In addition, even less is known about how these stereotypes impact decision-making in 'non-prototypical' cases (e.g., relationships that do not involve a male perpetrator and a female victim).…”

“…Although evidence suggests that victim and perpetrator gender impact legal-decision making in other types of crime (Mazzella & Feingold, 1994;, to date, research on the impact of gender and sexual orientation-related stereotypes on judgements about same-sex IPV is limited, and what has been conducted has produced mixed results (Harris & Cook, 1994;Seelau, Seelau & Poorman, 2003;Seelau & Seelau, 2005;Stanziani, Cox, & Coffey, 2018, Stanziani, Newman, Cox, & Coffey, 2019Little & Terrance, 2010;Wasarhaley, et al, 2015). As such, this thesis draws on explanatory frameworks that have been developed in the allied literatures of sexual assault (McKimmie, et al, 2014) sexual harassment (Wayne, Riordin, & Thomas, 2001) and sexism more broadly (Biernat & Manis, 1994;Eagly & Diekman, 2005;Moss-Racusin, Phelan, & Rudman, 2010), in order to provide insight into how people make legally relevant decisions and judgements about IPV in same-sex relationships between men, and between women.…”

“…Further, it is unclear precisely how the application of these stereotypes impacts third-party perceptions of same-sex IPV. Research exploring the impact of gender stereotypes on the evaluation of same-sex IPV has produced inconsistent results (Russell & Kraus, 2016;Wasarhaley, et al, 2015). Given that the referral of IPV cases (as with other cases) through the legal system is based on beliefs about how others may perceive the case and evidence (Lievore, 2004), it is important to examine the extent to which stereotypes about gender and sexual orientation influence legal decisions in cases of same-sex IPV.…”