Fremstilling af troværdighed ved behandling af voldtægtssager i retten

Haugland, Karoline

4. semester

Kriminologi, Kandidat

2024

2024-05-03

This thesis investigates the process of how legal professionals’ stage credible testimonies, of both victims and defendants in the context of rape cases. By examining the roles of empathy and stereotypical perceptions of rape, this study sheds light on the complexities of the judicial treatment of rape cases in court. Rape cases are often characterized by being a word against word situation, due to the frequent lack of witnesses and evidence. Therefore, witness statements often assume a central role, where the credibility assessment, of both the victim and the defendant becomes pivotal. There are several elements that can have an impact on the credibility assessment, whereas past research suggests that credibility assessments are subjectively based, and depend on who is making the assessment, to which subjective emotions and stereotypical perceptions seems to have an impact. The empirical material in this thesis consists of field observations of six rape trials and interviews with three legal professionals, that contribute with different insights on how legal professionals stage credible testimonies. This thesis finds that there are various circumstances that can either support or challenge the credibility of both the victim and the defendant, encompassing both general factors and those more specific to cases of rape. The presentation of credibility by the prosecutor and defense attorney revolves around these circumstances. The use of empathy directly influences how they stage credible testimonies by comforting the victim, defendant, and witnesses, as well as by acting as empathetic translators, aiding the court in understanding the motives and rationale behind their actions. Additionally, himpathy also impacts the defense attorney's portrayal of credibility, serving as a defense strategy to evoke sympathy and concern for the defendant's situation. Given that credibility assessments unavoidably involve subjective interpretation, it’s inevitable that stereotypical perceptions may influence how credibility is assessed. In staging credibility, prosecutors, and defense attorneys attribute significance to stereotypical perceptions of rape, which is evident in how they navigate in them, indicating some level of awareness of these stereotypes' existence, and ultimately their potential of affecting judges’ assessment of evidence and credibility.

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