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Re:The impact of sexual abuse on female development: a longi... by fullstop on Thursday January 13, 2022 @12:26PM (#29923640)
My wife was summoned for jury duty, and the case had to do with sexual abuse. At jury selection time they ask if a prospective juror would have difficulty being impartial because of the nature of the case. If you were uncomfortable discussing the matter, you could ask to be taken aside to discuss without the others in the room hearing it.

Out of a few dozen people, seven women left the room to explain why they could not be impartial, some of them returning in tears. They weren't gone for a short while, either, many of them took 20 or 30 minutes before returning to the court room. One of them was called back out of the room at the very end, and my wife suspects that she was actively being abused and this was an opportunity to seek help without the abuser being present.

This isn't something that I have to personally worry about if I'm by myself, but it's something that so many women do have to worry about all the time. I can't even imagine the burden that women must carry.

Re:The impact of sexual abuse on female development: a longi... by Mezzie on Thursday January 13, 2022 @01:23PM (#29924521)
> This isn't something that I have to personally worry about if I'm by myself, but it's something that so many women do have to worry about all the time. I can't even imagine the burden that women must carry.

Not just women, but children. I was aware that I could be sexually assaulted/harrassed and what to do about it by the time I was 5, and I started getting uncomfortable comments in person around age 11. I'm also exceptionally lucky and have never actually been assaulted.

Not particularly relevant to most people here, but some of you will have daughters, so.

Edit: Also relevant potentially to your colleagues and co-workers, since one reason I stopped participating in tech spaces while I was a teenager (I still coded, just only alone or anonymously) was because I felt unsafe being a 13-14 year old girl who was the only female in a room/space with dozens of men, some of whom were 2-3 times my age. I don't think I can overstate the danger alarm bells, especially given how rampant homophobia was back then and I was also gay.

Re:The impact of sexual abuse on female development: a longi... by brnaftr360 on Thursday January 13, 2022 @04:03PM (#29926817)
There's a considerable asymmetry here between men and women. I'm really curious about sussing it out and understanding how it develops.

At an early age, about 5 or so I was exposed to sex, with peers, male/female. Later I was raped through coercion by two older children at 10-ish, male/female. Additionally none of this was ever reported until adulthood.

As a male I've repeatedly been put in positions that I could describe as uncomfortable (though I don't, usually), pressured intimacy, catcalling, sexually forward girls/men...

Having gotten feedback from female peers in adulthood, I've gotten to wondering about the way that society tends to articulate sex and rape to women. The summary of framing that I've gotten from one of my intimates, is that at an early age women are given the impression that sex is their single lever in a relationship or socially. Sex is the only way which a woman can gain approval. Which, to me, seems like it would drastically amplify the experience of rape. There's also the puritanical considerations of virginity and slut shaming, etc... But I don't know that it's really a running theme in individual women.

And then there's the proactive modality. At the time of my rapes, I was not informed on rape or consent, and so the context wasn't that of violence, but simply commonplace arm twisting, and because it was as such I only ever saw that it could be framed as a traumatic episode much later. On the obverse, having been informed of such things as detestable, as violent, as traumatic and serious and driven to reporting it, I could imagine that it would escalate my feelings, and I suspect so would dealing with it externally with strangers and institutions and perhaps having some artificial narrative constructed by interlopers either directly or indirectly. I mean, consider having to talk to parents, police, social workers and so on it's implies a considerable escalation from the day-to-day. Especially as a child. Of course this seldom happens. I wonder if it's a sort of funeral psychology where you feel compelled to cry and mourn because that's what's implied, even if you don't feel the need.

But as a male having gone through these situations, without the framework being described, but rather having the privilege to describe it myself, it simply never evolved into a trauma. And I think this might be borne out by the statistics wherein boys/men simply do not report rape, just beyond the fact that it may happen less frequently. But having direct perspective on it, I wonder if I'm an oddball, or if trauma resulting from female rape is sort of amplified by the way women are socialized and informed.

Re:The impact of sexual abuse on female development: a longi... by drooogs on Thursday January 13, 2022 @04:55PM (#29927433)
this is the sort of conversation that must be conducted very delicately, but it is something I have also wondered, having had similar experiences myself.

quite a few times I have experienced unwanted sexual advances/touching/groping in public spaces from women I considered friends, in front of our other friends. I don't consider those events traumatic, but certainly uncomfortable at the time. I never knew what to do, so I would just freeze and pretend it wasn't happening. once I actually went through with it and had sex with the person because I felt I had led her on by allowing her initial advances (dumb of me in hindsight).

perhaps one important difference is that I was physically stronger than every one of those people. I could have resisted, but didn't due to (possibly imagined) social pressure. like I said, I don't think there is any lasting trauma over these events; I think of them more as misunderstandings than assaults. but at the same time, all of these women were otherwise quite vocal about feminism, consent, etc. I wonder what they would have called it if I'd done the same things to them.

Re:The impact of sexual abuse on female development: a longi... by throwaway0a5e on Friday January 14, 2022 @06:59AM (#29933406)
>this is the sort of conversation that must be conducted very delicately,

Only because of the context.

If this were a conversation behind closed doors you could say what you wanted, people could disagree and eventually mutual understanding of people's opinions could be reached despite initial clumsy or imprecise wording.

But this is an internet conversation where if you pick the wrong words, speak too broadly or fail carpet bomb every sentence with carve outs for exceptions and special cases some jerk will swoop in and post a low effort rebuttal for the easy karma and off the rails it goes from there.

Re:The impact of sexual abuse on female development: a longi... by tasha0663 on Thursday January 13, 2022 @05:18PM (#29927728)
> at an early age women are given the impression that sex is their single lever in a relationship or socially

I can't speak for all eras and populations, but I suspect that that anecdote is an outlier.

> I wonder if I'm an oddball

If I may be so bold, you seem emotionally detached from the incident. That itself might be a response to the trauma.

Re:The impact of sexual abuse on female development: a longi... by brnaftr360 on Friday January 14, 2022 @02:19AM (#29931504)
I suppose I can't really say, it's something that happened decades ago. Like heartbreak of high school, it's sort of faded away into emotional oblivion, though it never really excited me. I'd say I can pretty readily identify thoughts and feeling of the events, recollect the environment, the people, but being they were so long ago there's no realistic way for me to verify.
Re:The impact of sexual abuse on female development: a longi... by wolverine876 on Thursday January 13, 2022 @04:42PM (#29927287)
Your experiences are your own, of course. The rest is theory you created, not fact or evidence. Other males who have been sexually abused certainly have trauma. Look at the victims of the Catholic Church and other well-known situations. I'm sure you can find plenty of research describing it.

EDIT: Also, many comments testify to it in this discussion.

Re:The impact of sexual abuse on female development: a longi... by brnaftr360 on Friday January 14, 2022 @02:13AM (#29931459)
>The rest is theory...

It's a hypothetical, I'm not intent on stating anything as fact.

>Look at the victims of the Catholic Church and other well-known situations.

Part of what I conjectured was that the system itself is potentially traumatic. And that (naive) interventions might hypothetically be damaging. Again, one is potentially braving a number of institutions, not just family, but police, case workers, mental health professionals. Not to mention in the case of familial abuse considerable transitions, up to foster care, itself from what I've heard is frequented by pederasts. Perhaps a window for a form of gaslighting, wherein the victim is induced to believe they're traumatized.

That is to say, that any well-known case, perhaps especially well-known cases would be outside the scope.

Re:The impact of sexual abuse on female development: a longi... by Mezzie on Thursday January 13, 2022 @08:56PM (#29929700)
Honestly, I'm not entirely sure. (And I'm not offended.)

I'm both homosexual and visually impaired (I was legally blind until I was four years old), which overrode a lot of female/sex-specific messages. Women who are attracted to men may have received that message, but that's not the message as I interpreted it. As a young, conventionally-attractive (at the time, I'm old now) lesbian woman, sex was framed to me as something that men were always going to want from me and that I:

a.) could do nothing about this and

b.) got nothing from it; the most I could hope for was that it would be limited to comments

On the other hand, I was online as a kid and both age and sex/gender presentation were pretty fluid and what you're suggesting does track with how people approached sexual topics with me when they knew I was female versus when I was assumed to be a young male person (there are no girls on the Internet, remember).

One thing I find interesting in how male versus female victims discuss their assaults is that both focus on how traumatizing it is to be helpless, but the women who are traumatized usually focus more on the physical helplessness, while men who are traumatized usually focus more on the social helplessness. Neither is to be dismissed.

Re:The impact of sexual abuse on female development: a longi... by zozbot234 on Thursday January 13, 2022 @05:03PM (#29927548)
You're assuming that trauma is a matter of "framing", but it's at least as much a long-term consequence of the acute stress reaction that's directly connected to the event. I think it's possible that you experienced somewhat limited trauma, but others are not nearly as lucky.
Re:The impact of sexual abuse on female development: a longi... by brnaftr360 on Friday January 14, 2022 @02:04AM (#29931416)
Oh for sure I agree, like the prospect of dealing with sexual abuse with a direct family member over the length of a childhood adolescence and perhaps adulthood, and the various emergent effects certainly registers as several orders of magnitude more impactful than my experiences. And being that mine was coercive and not forcible, I don't have that direct experience. There's a wide gamut to run and I'm not intent on discounting anybody's experience. I'm more concerned with the amplification of that, y'know? Exacerbating the damage of people who've already been compromised.

As to the long-range effects, I don't really have a high resolution reference point pre- and post-incident, and history being what it is I've no control to compare against so I don't know how, if at all my behaviors are and were adjusted.

Re:The impact of sexual abuse on female development: a longi... by Mezzie on Thursday January 13, 2022 @08:47PM (#29929645)
Agree; I find that such a frustrating part of trauma myself. I'm well aware it wasn't my fault, and I don't blame myself. It doesn't absolve me of the physical effects of all those stress hormones though...
Re:The impact of sexual abuse on female development: a longi... by int0x2e on Thursday January 13, 2022 @04:50PM (#29927371)
This is well off the main thread here so please feel free to ignore my request, but as a loving parent of a 3 year-old girl, I worry about when/how do we explain to her what is and isn't okay for adults (and other kids) to do around her, and how she can protect herself, seek help or otherwise handle a situation.

Since you mentioned you were aware of the danger when you were as young as 5 - when and how would you suggest one could help let their daughter know about these risks without inducing some much fear and anxiety that will end up making her avoid too many positive experiences?

Re:The impact of sexual abuse on female development: a longi... by Mezzie on Thursday January 13, 2022 @08:47PM (#29929635)
For a 3 year old, the important things are to make sure she knows she can come to you any time she feels uncomfortable. Also, there's no need to go into detail about it being a sex thing; you should approach it with the same level of detail you do the 'don't trust strangers' conversation. I knew that nobody should touch my private parts and mouth kissing was for grown-ups, like coffee, and if anybody tried, I should go find other adults + tell them. I couldn't have told you anything about why somebody would do that; I just knew there were bad grown ups, and that's about the level you're working with at 3 years old. There are bad grown ups (like whatever bad person in TV shows she watches), and if you find one, go get a good grown up right away. Emphasize most people are good and it's very rare, like how everybody in the family practices for a fire, and that we all watch out for one another. That sort of thing. (I don't know your parenting philosophy.)

I'm assuming you have a neurotypical, potty-trained 3 year old; it's more complex when things like toilet-help are involved, I know.

Re:The impact of sexual abuse on female development: a longi... by susiecambria on Thursday January 13, 2022 @06:18PM (#29928395)
A friend who is ED of Safe Shores (DC Children's Advocacy Center) says that Good Touch, Bad Touch has fallen out of favor. Safe Shores uses Stewards of Children, developed by Darkness to Light, and staff members are certified trainers.

Perhaps reach out to Darkness to Light or your local (regional) children's advocacy center. Many states have more than one. Not sure about the status internationally, but in the US, I know this is the case.

In my 20+ years doing public policy advocacy on a number of issues related to children, I came across too many organizations that had the potential to harm children and families, through using poor prevention models, infidelity to the model, not understanding issues, thinking that doing something was enough. While I'm generally a fan of doing something is better than doing nothing, that is absolutely not the case with this topic.

Good luck!

Re:The impact of sexual abuse on female development: a longi... by igneo676 on Friday January 14, 2022 @10:45PM (#29943342)
With my kids, my wife and I teach the idea of consent from a really young age and reinforce it strongly amongst family members. No means no as long as it's their body or their possessions

And we back that up, forcefully. If my kid doesn't want a hug, they will not be getting a hug. If they don't want to share, they won't.

My kid's autonomy is worth way more than those relationships. Period.

And it's worth it. Your kids will naturally share when they feel comfortable doing so. They'll share affection when they feel comfortable. And longer term this extends into topics they're not mature enough to tackle at 3

Re:The impact of sexual abuse on female development: a longi... by astura on Thursday January 13, 2022 @03:12PM (#29926149)
>I started getting uncomfortable comments in person around age 11.

Agreed with this, I (woman) started getting regularly cat-called on the street every time I left my house around 12-13.

I was a young looking child to boot.

Re:The impact of sexual abuse on female development: a longi... by ericbarrett on Thursday January 13, 2022 @04:41PM (#29927281)
One of my high school friends told me her first creeper catcall was when she was 10. A guy in a pickup rolled alongside her for two blocks saying disgusting things and trying to convince her to get in the cab.
Re:The impact of sexual abuse on female development: a longi... by ClumsyPilot on Thursday January 13, 2022 @12:55PM (#29924091)
If we are removing all jurors who have been abused because they are 'not impartial', aren't we left with a collection of people who are totally ignorant?

The jury has to judge how a reasonable person would act in a certain situation, who is lying and who is telling the truth.

Off one end, we have victim blamind and rapists walking free, off another end, uk had "serial liar" who invented false rape allegations and sent 9 innocent people to jail.

Re:The impact of sexual abuse on female development: a longi... by Mezzie on Thursday January 13, 2022 @01:19PM (#29924454)
Or, you know, abusers.

Which I consider a larger problem. Since so much abuse is hidden, the perpetrators also can sit on juries related to sexual assault cases. Delightful.

Re:The impact of sexual abuse on female development: a longi... by naasking on Thursday January 13, 2022 @02:20PM (#29925378)
> The jury has to judge how a reasonable person would act in a certain situation, who is lying and who is telling the truth.

And they should do this by weighing the evidence impartially, not emotionally.

Re:The impact of sexual abuse on female development: a longi... by throwawayboise on Thursday January 13, 2022 @04:04PM (#29926836)
Exactly. The juror's ignorance or lack of direct experience with the alleged offense does not make him less able to evaluate the evidence. It is the prosecution's job to present the evidence with enough clarity to remove reasonable doubt.
Re:The impact of sexual abuse on female development: a longi... by int0x2e on Thursday January 13, 2022 @05:01PM (#29927520)
But it does play a part if the jurors lack critical context. If no one on the jury can understand how a victim of sexual assault could be frozen during an attack, they might fall into the trap of thinking things like "how could it have been rape if she never said 'no'?" or alternatively, they could cling to some things like a male victim being aroused and assume that means the act was consensual. One could argue that this could simply be explained by the prosecution via expert witness - but I think we all know the Dunning-Kruger effect well enough by now to understand how that won't work in all cases.

I don't know if we should (or even can) aim to have a victim included on any set of jurors, but removing them altogether seems like a very bad strategy.

Re:The impact of sexual abuse on female development: a longi... by throwawayboise on Thursday January 13, 2022 @05:14PM (#29927683)
I think it is up to the prosecutor and expert witnesses to deal with that. The presumption is that the defendant is innocent. If the prosecution can not make a convincing case to an impartial jury (not an expert jury), then the defendant goes free. It's not perfect, but it seems better than the alternatives.
Re:The impact of sexual abuse on female development: a longi... by ClumsyPilot on Thursday January 13, 2022 @06:22PM (#29928441)
I think this is a fantasy - jury trials are the reason why you have patent trolls in the US, they don't understand first thing about intellectual property, it's a total clown show. Such meritless lawsuits get throws out of court in EU with a proffeshional judge.

The jury has to have basic grasp of the situation so that they can decide who is lying and who is telling the truth (and witnesses called by prosecution do lie).

Imagine being tried on sex abuse by people who never had a relationship, or an employment dispute judged by people who never had a job. It would be disaster.

Re:The impact of sexual abuse on female development: a longi... by jeffbee on Thursday January 13, 2022 @01:00PM (#29924168)
The whole jury system in founded on ignorance. Both sides don't want anyone who was a cop, knows any cops, has studied the law, or was ever arrested. Often, people with any kind of higher education will be dismissed. Last time I went to jury duty they asked anyone who had ever been party to any legal matter to leave. It's pretty wild.
Re:The impact of sexual abuse on female development: a longi... by fatbird on Thursday January 13, 2022 @02:57PM (#29925963)
One of my philosophy professors was excluded from jury selection, and happened to run into the lawyer who excluded him shortly after in the bathroom, and asked why. The lawyer said it was because he wrote Philosophical Quarterly on his questionnaire, and that he routinely excludes people like my professor who are highly educated.

Why? my professor asked.

Because you don't listen to the lawyers or the judge, he was told. "Big brain" people try to play Matlock and solve the case themselves, or invent theories in their imagination, or get into absurd arguments in the jury room. They screw up the whole process that's designed to bring a high level of rigour and fairness to the situation--what should and shouldn't be considered, how the law applies, etc. They're wild cards that turn trials into a game of chance instead of an orderly adversarial confrontation that's heavily regulated.

People mock jurors routinely, especially the ones who explain their reasoning in interviews afterwards. But studies routinely find that judges agree with the jury's verdict about 80% of the time.

Re:The impact of sexual abuse on female development: a longi... by Ericson2314 on Thursday January 13, 2022 @03:50PM (#29926651)
I see what they mean, but still doesn't seem good. I would assume "big brained" witness especially defendants are told by their lawyers to shut up for similar reasons, too.
Re:The impact of sexual abuse on female development: a longi... by throwawayboise on Thursday January 13, 2022 @04:07PM (#29926870)
Defendants often don't testify at all, it's impossible for them to be impartial and generally they can only hurt themselves. They have the presumption of innocence and they don't have to say a word to establish that.
Re:The impact of sexual abuse on female development: a longi... by Ericson2314 on Thursday January 13, 2022 @05:22PM (#29927778)
Good points
Re:The impact of sexual abuse on female development: a longi... by fatbird on Thursday January 13, 2022 @05:19PM (#29927744)
Hans Reiser would almost certainly be free today if he hadn't overruled his lawyer and taken the stand in his own defence.
Re:The impact of sexual abuse on female development: a longi... by int_19h on Thursday January 13, 2022 @05:19PM (#29927741)
It sounds like he's basically saying that jury should be pro forma, rather than actually mattering.
Re:The impact of sexual abuse on female development: a longi... by fatbird on Thursday January 13, 2022 @05:29PM (#29927852)
No, because it's an adversarial process where the jury has to choose between the two sides. On each particular, one side wins and the other loses. Their decisions matter.

But here's the thing: their decisions, ideally, should be made on the basis of the evidence presented to them, their judgement of the credibility of the witnesses, and the instructions of the judge in how to map the facts as they determine them, to the law as described to them.

We shouldn't be okay with a juror voting guilty because of the defendent's race; we shouldn't be okay with someone who says "I'm just going to flip a coin"; I'm not sure it's a bad thing to exclude people who, in the experience of the lawyers trying the case, don't pay attention and invent their own rationales out of whole cloth and make an irrational decision by the standards of the legal reasoning the trial is supposed to provide.

Re:The impact of sexual abuse on female development: a longi... by denismenace on Thursday January 13, 2022 @03:40PM (#29926527)
What assures them that non "Big brain" people won't do the same thing? I think for most people it would more interesting running through the scenarios in your head, instead of listening to other people (lawyers) speak.
Re:The impact of sexual abuse on female development: a longi... by fatbird on Thursday January 13, 2022 @05:23PM (#29927787)
Their experience, I guess. I know that, of the university professors and professional engineers I know, they are some of the smartest and also some of the dumbest people I've ever met. It's like they invent new ways to be wrong, sometimes. I can easily imagine any of them in a jury room talking complete nonsense about who did what and why and how the law shouldn't be that way or mean that and so they have to acquit--anything but actually listen, follow along, and apply the judge's instructions.
Re:The impact of sexual abuse on female development: a longi... by ClumsyPilot on Friday January 14, 2022 @04:36AM (#29932410)
A stupid person can make only certain, limited types of errors; the mistakes open to a clever fellow are far broader. But to the one who knows how smart he is compared to everyone else, the possibilities for true idiocy are boundless.
Re:The impact of sexual abuse on female development: a longi... by sandworm101 on Thursday January 13, 2022 @01:05PM (#29924241)
>> Both sides don't want anyone who was a cop

Except for cops. Cops certainly like to have fellow cops on their juries. There is an old joke about removing Manhattan jury cases to Staten Island. All the NYPD cops seem to retire there. So if the case involves potential police wrongdoing or even just police testimony, one side wants a Staten Island jury as many jurors will have at least some familial connection to the police.

Re:The impact of sexual abuse on female development: a longi... by alasdair_ on Thursday January 13, 2022 @02:32PM (#29925583)
The same thing happens with national security cases being tried in Virginia. This is one of the main reasons Snowden is unwilling to return to the US - the jury would be massively rigged against him.
Re:The impact of sexual abuse on female development: a longi... by vkou on Thursday January 13, 2022 @02:56PM (#29925947)
Is it any more 'rigged' than many of jury trials that do go through?
Re:The impact of sexual abuse on female development: a longi... by ClumsyPilot on Thursday January 13, 2022 @01:14PM (#29924384)
I feel this case goes even further than the examples given. Not very familiar with US system, but suppose we had a case of a bar braul, would we ask anyone who has ever had a fight to leave?
Re:The impact of sexual abuse on female development: a longi... by sandworm101 on Thursday January 13, 2022 @12:37PM (#29923826)
If they came back in tears and were removed from the jury, then the system worked. A clearly impartial potential juror was removed and a past victim was saved from a horrible experience of sitting through such testimony. But what about those who have been abused but aren't in tears? This came up very recently. One of the Ghislaine Maxwell jurors discussed his history of being abused with other jurors. The question becomes then whether anyone who has been abused can ever be impartial about abuse. To say that they cannot, imho, does victims a great disservice.

https://www.bbc.com/news/world-us-canada-59884806

Re:The impact of sexual abuse on female development: a longi... by kmonsen on Thursday January 13, 2022 @01:14PM (#29924381)
If you remove any jurors with history of abuse, do you not remove all the people that have life experience that could be relevant?

With a jury of only lets say strong white males that have never been abused or abuse adjacent, but have had several experience where they felt woman didn't give them enough respect are we that would seem a lot worse to me. Obviously this sounds like an extreme example, but the reality is that such a large part of the population has been the victim in abuse situations that you are going to disqualify into a situation similar to this.

Re:The impact of sexual abuse on female development: a longi... by tomp on Thursday January 13, 2022 @01:49PM (#29924895)
I'm a white male who's never been sexually abused but I can clearly see that's wrong.

This, and being more objective / less emotional (due to not seeing it personally) would probably make me a better juror in such a case than someone who's personally experienced it.

Re:The impact of sexual abuse on female development: a longi... by kmonsen on Thursday January 13, 2022 @02:27PM (#29925484)
I don't know, I am also a white male and I feel I cannot understand how abuse really works. Of course this might just be me being dense, doesn't say anything about you or anyone else.
Re:The impact of sexual abuse on female development: a longi... by not2b on Thursday January 13, 2022 @04:53PM (#29927411)
With no experience of abuse, you might more likely to be persuaded by arguments like "why didn't she report it earlier" than people with actual experience, who know exactly why.
Re:The impact of sexual abuse on female development: a longi... by kazinator on Thursday January 13, 2022 @01:56PM (#29925012)
I think the whole concept of random citizens being pulled in for jury duty is idiotic.

Jurors should be professionals who are trained in being jurors: who, for one thing, thoroughly understand topics in critical reasoning such as fallacies, and cognitive biases.

They should be properly paid, and so are not sitting there on a Saturday morning, socking it to the defendant out of spite for being dragged out of their regular lives without adequate compensation.

Re:The impact of sexual abuse on female development: a longi... by sandworm101 on Thursday January 13, 2022 @02:14PM (#29925298)
That system exists. They are called bench trials. No defendant is forced us submit to a jury. The defendant doesn't want a jury because he thinks that it will "sock it to him" on a Saturday. He wants a jury because he thinks that his fellow citizens will see that the government is improperly accusing him of a crime. The defendant has the right to a trial by people who are not part of the same government that has accused him. The fact that the jurors don't want to be there, that they have lives away from the court, is exactly what the defendant wants.
Re:The impact of sexual abuse on female development: a longi... by mavhc on Thursday January 13, 2022 @03:59PM (#29926756)
Among the small share and number of federal defendants who went to trial in fiscal 2018, those who opted for a bench trial – that is, one in which the verdict is handed down by a judge – fared better than those who opted for a jury trial. Around four-in-ten defendants who faced a bench trial (38%) were acquitted, compared with just 14% of those who faced a jury trial.

https://www.pewresearch.org/fact-tank/2019/06/11/only-2-of-f...

Re:The impact of sexual abuse on female development: a longi... by istjohn on Thursday January 13, 2022 @04:16PM (#29926981)
I have to imagine the defendants who opt for a bench trial have reasons for making that choice that don't necessarily apply to the defendants who choose a jury trial.
Re:The impact of sexual abuse on female development: a longi... by mavhc on Friday January 14, 2022 @04:08AM (#29932216)
So the ones who choose Bench trial are more likely to be innocent?
Re:The impact of sexual abuse on female development: a longi... by kazinator on Thursday January 13, 2022 @04:06PM (#29926860)
> exactly what the defendant wants

Only if the defendant is a fool. People being the way people are, are just as likely to resent the defendant as the root cause of why they have to be there at all as the are to resent the system (and side with the defendant out of spite for the system).

The latter will likely only happen in a trial that is between the defendant and the system (i.e. the state).

In, say, a criminal trial in which the victim isn't the state, reluctant, resentful jurors will sock it to the defendant. If there is any uncertainty in the decision, that sentiment may sway it.

Resentment of the jury duty concept will predispose jurors to cave in to their social prejudices. Oh, he must have done it; he's a tattoo-covered, prematurely-aged chain smoker with three gold teeth. Everything about this guy says "criminal". Fuck this asshole for making me be here on a Saturday.

Time is an issue. People who are impatient and just want something to be over will not do a good job of sifting through things to get to the truth, which takes time and patience.

Re:The impact of sexual abuse on female development: a longi... by amanaplanacanal on Thursday January 13, 2022 @05:02PM (#29927531)
I assume defendants are getting expert advice from attorneys when they make this decision. They should theoretically know way more about this than you or I.
Re:The impact of sexual abuse on female development: a longi... by kazinator on Thursday January 13, 2022 @06:18PM (#29928396)
Indeed, the lawyer could, for instance, have a good idea of whether the defendant has a personality and presentation that is likely to be likable to a jury.
Re:The impact of sexual abuse on female development: a longi... by MrLeap on Thursday January 13, 2022 @02:17PM (#29925337)
A professional Jury opens up avenues for corruption.

Maybe someday we can simulate human brains well enough to run the markovs on governance ideas to see if it's worth it.

Re:The impact of sexual abuse on female development: a longi... by commandlinefan on Thursday January 13, 2022 @05:11PM (#29927643)
> A professional Jury opens up avenues for corruption

Wouldn't the same logic reject professional judges and attorneys?

Re:The impact of sexual abuse on female development: a longi... by MrLeap on Friday January 14, 2022 @04:34AM (#29932390)
I don't think so. Checks and balances.
Re:The impact of sexual abuse on female development: a longi... by autoexec on Thursday January 13, 2022 @06:22PM (#29928439)
If anything it should be more random and less controlled by lawyers. We're all born into a system of laws we didn't consent to. The legal system and the laws we're forced to obey were set up and are maintained by groups of wealthy people looking to protect their own interests and we had no say in the process. Short of revolution, our only means of making changes to this system have also been put in place by wealthy and powerful people looking to protect their own interests and they gave the entrenched powerful every advantage over you.

We can't choose our laws, but we can choose when and how our peers are punished under them. Participating in a jury is the one place in the system where regular citizens have direct influence in the process. It means we can refuse to convict people under laws which are unjust. It means we can hold members of our communities accountable to laws we consent to live under.

I wouldn't be so eager to give that power up.

Re:The impact of sexual abuse on female development: a longi... by kmonsen on Thursday January 13, 2022 @02:33PM (#29925597)
Norway just removed jury duty, and if I remembered correctly the last case that had jury duty the actual judges put the jury verdict aside as they all agreed the jury had misunderstood the law.

Of course judges are not always good as well. In the US they are often elected by a blood thirsty population. If they are not elected that has other issues in that the will of the people is not held by the judges.

Re:The impact of sexual abuse on female development: a longi... by bzbarsky on Thursday January 13, 2022 @04:20PM (#29927022)
Why was the jury required to understand the law? That's not a reasonable expectation for random people off the street.

In the US, juries typically decide questions of _fact_ that are not already agreed upon by both parties (i.e. are in dispute). Judges handle questions of law.

Re:The impact of sexual abuse on female development: a longi... by kazinator on Thursday January 13, 2022 @07:30PM (#29929005)
If a fact is known, you don't need the contribution of a random person.

If a fact is not known, how can some random person produce it? Out of what.

E.g. in the situation of a crime: only activities like crime scene investigation, and interviewing of witnesses can produce anything that can be called a fact.

Now so from all that have some collection of real facts from the investigation which do not add up to an absolute proof that some particular defendant "dun it".

The next best thing you could do is use some sort of probabilistic reasoning.

Well, what training in probabilistic reasoning do the these random people off the street have?

Probabilities should be quantified in concrete numbers. Instead of some flaky "shadow of a doubt" nonsense, there should be some 99.99% (or whatever standard level) confidence which is somehow calculated.

Re:The impact of sexual abuse on female development: a longi... by bzbarsky on Thursday January 13, 2022 @10:53PM (#29930418)
Yes, the definition of "fact" in "findings of fact" is "there is a factual answer, but we do not know what it is, so we have to guess".

Yes, it might be better if jurors were all acquainted with Bayesian reasoning and it would definitely be better if things like expert testimony and so forth came with confidence estimates.

And yes, "beyond a reasonable doubt" is pretty qualitative.

My point was that if you are expecting your jurors to have a deep understanding of the law, you are definitely doing it wrong.

Re:The impact of sexual abuse on female development: a longi... by rectang on Thursday January 13, 2022 @01:55PM (#29924981)
> If they came back in tears and were removed from the jury, then the system worked.

Not true, since no abusers came back in tears and were removed from the jury.

Or do you consider abusers impartial but abuse victims biased?

Re:The impact of sexual abuse on female development: a longi... by deanCommie on Thursday January 13, 2022 @12:51PM (#29924033)
I find the very premise of trying to find an "impartial" jury very strange. It makes sense at first pass, but falls apart soon after.

Are these not to be a jury of my "peers". Are not all humans biased in one way or another. If being abused creates bias, why wouldn't NOT being abused also not create bias. We don't have perfect access to information. Sometimes in order to be considered impartial, jurors are basically expected to have no familiarity with basic fundamental news stories. Are people so disconnected from reality really "peers"?

Ultimately, I guess, it's the best we can do.

Re:The impact of sexual abuse on female development: a longi... by woodruffw on Thursday January 13, 2022 @01:00PM (#29924169)
Impartiality in a jury trial context doesn't refer to the absence of biases (we all have them and truly getting rid of them is an impossible task), but a conscious effect by the jurors to discharge their office without prejudice, i.e., without allowing their biases to manifest as judgments independent of the evidence presented in court.

Put another way: there wouldn't be a point in deliberation if we didn't have biases. Our justice system trusts and (weakly) attempts to enforce the gap between those biases and prejudices that would actually interfere with the court's duty.

Re:The impact of sexual abuse on female development: a longi... by jerf on Thursday January 13, 2022 @01:15PM (#29924406)
And to put it another way, the job of a juror is to convict or exonerate the person on trial, not to convict or exonerate their own abusers by proxy.

Vulcans might not have a problem with this, but humans so obviously do that pretending otherwise is impractical.

Re:The impact of sexual abuse on female development: a longi... by bcrosby95 on Thursday January 13, 2022 @02:55PM (#29925930)
I've served on a few juries. From my experience, the average person thinks its much easier to get out of it due to biases than it actually is.
Re:The impact of sexual abuse on female development: a longi... by Sebb767 on Thursday January 13, 2022 @02:11PM (#29925231)
If you're accused but innocent and provide a good case for your innocence, but a juror provides a crying testimony that no one believed them in the jury room, leading to you being sentenced, you'd probably think differently.

Sure, we can't get a perfectly impartial jury. But someone with a past trauma probably won't be able to judge the case for its merits.

Re:The impact of sexual abuse on female development: a longi... by 300bps on Thursday January 13, 2022 @01:31PM (#29924631)
Are not all humans biased in one way or another

This appears to be binary thinking. There are nearly infinite degrees of bias. Strong emotions are one way to ensure that someone is heavily biased. That's what the jury system is trying to avoid.

So someone who has never been abused can still be biased in literally any way. But the presumption is that without having such an emotional personal experience with it means they are less likely to be heavily biased. They'll be more likely to be swayed by the testimony in court rather than their experience outside of the court room.

Re:The impact of sexual abuse on female development: a longi... by not2b on Thursday January 13, 2022 @04:55PM (#29927432)
The "peers" part is obsolete. In the old English system, a peasant was tried by other peasants, a noble by other nobles. There's no longer a notion that some people are your peers and others aren't.
Re:The impact of sexual abuse on female development: a longi... by mywacaday on Thursday January 13, 2022 @03:39PM (#29926513)
Rightly or wrongly its not about disservice to a victim turning up for jury duty its about disservice to the accused. Imagine if you were wrongly prosecuted for for abuse, found guilty and then discovered that three members of the jury had themselves suffered the same abuse you were accused of, you'd immediately look for a re-trial.
Re:The impact of sexual abuse on female development: a longi... by TigeriusKirk on Thursday January 13, 2022 @01:08PM (#29924295)
Similar experience here. In the last few months I was in the selection pool for a domestic abuse case. The judge asked if anyone had personal experience with domestic abuse and then asked each juror who raised their hand if they wanted to discuss it in private. Some gave a brief version of their story in the courtroom, usually it was their parents while they were growing up. Some preferred privacy, which the judge said they'd come back to later.

The jury selection was completed without ever calling those people in for private explanations. No one who had raised their hand for that question was selected.

As far as impartiality goes, I certainly felt some bias against the accused just based on the nature of the crime and his courtroom demeanor. But I was resolved that I would keep that in mind if I was selected and treat him as fairly as possible despite that. Impartiality is the ideal, and you usually have to make the effort to make it happen. In some circumstances where you have personal experience with similar crimes, that may be too much to ask.

Re:The impact of sexual abuse on female development: a longi... by heresie-dabord on Thursday January 13, 2022 @05:08PM (#29927612)
A complementary anecdote, I think worth adding here. I (male, white) served on a jury that comprised six women. The trial was a charge of sexual assault.

Every one of them had a personal tale of assault to tell. It was as tense in the deliberations as you can imagine... like 12 Angry Men [1] but even more harrowing.

I am convinced that the only reason we were able to arrive at a just verdict is because one of these jurors also had the courage to discuss the case of her beloved relative who was falsely accused of rape and was exonerated only many years later, after his life had been destroyed.

We were able to focus on the evidence. But it was not an easy deliberation.

[1] https://en.wikipedia.org/wiki/12_Angry_Men_(1957_film)

Re:The impact of sexual abuse on female development: a longi... by cortesoft on Thursday January 13, 2022 @03:49PM (#29926637)
When I was in a jury pool for a murder trial, I remember being shocked at how many people raised their hand when the question of whether they had personal experience with murder was asked. I figured barely anyone would raise their hand, but so many people had either had a close family member murdered, or were themselves accused of murder at some point. I really realized how sheltered my life has been.
Re:The impact of sexual abuse on female development: a longi... by int0x2e on Thursday January 13, 2022 @05:11PM (#29927646)
The US is an extremely violent place. On most violent crime categories, it ranks highest among developed nations.
Re:The impact of sexual abuse on female development: a longi... by dragonwriter on Thursday January 13, 2022 @03:54PM (#29926698)
People lie to get out of jury duty especially trials expected to be long and/or shocking.
Re:The impact of sexual abuse on female development: a longi... by cortesoft on Thursday January 13, 2022 @10:47PM (#29930386)
I am sure it happens, but I feel like a lot of people say they would lie but when it comes down to it and a very serious judge is asking you from the bench, I bet fewer lie than who say they would.

They also don't mess around with jury duty... one of our jurors went missing on the walk from the jury gathering spot to the courtroom, and the judge was PISSED. Sent the bailiff looking for them to hold them in contempt.

Re:The impact of sexual abuse on female development: a longi... by throwaway0a5e on Thursday January 13, 2022 @12:42PM (#29923886)
edit: deleted, not worth trying to add any discussion to a topic like this.
Re:The impact of sexual abuse on female development: a longi... by throwanem on Thursday January 13, 2022 @12:47PM (#29923957)
Why not? It's not as if the exemption questionnaire on the back of the summons has a checkbox for it.

I've been called for jury duty any number of times. Not once has anyone ever called me, personally, out of one room and into another - always as part of a group of selectees heading to a courtroom or voir dire or whatever. Between that and everything else, it doesn't seem like a leap at all.

Re:The impact of sexual abuse on female development: a longi... by fullstop on Thursday January 13, 2022 @12:59PM (#29924156)
> Seems like a hell of a leap. What are the odds someone is being abused concurrent with jury duty vs any other time in their life up until that point?

Not really. In abusive relationships, the abuser often controls every aspect of the abused person's life and there are not opportunities to seek help without the abuser knowing. It's why there are sometimes signs in the bathrooms of women's health clinics informing the patient to initial their sample cup in red marker if they are being abused or have something that they wish to discuss in private. This may well have been one of her only chances to speak with someone without an abuser knowing.

She was the only one called back when the selection was complete. I've been called for jury duty several times and this has never happened while I was there.

Re:The impact of sexual abuse on female development: a longi... by throwaway0a5e on Thursday January 13, 2022 @01:09PM (#29924297)
We've all heard that cliched phrase about the word "assume."

This happened in a courthouse, not a hospital. I think the context of the discussion behind closed doors could have just as easily been "that is so bad you really need to consider reporting it" or even something more mundane. In any case, seems a little farcical to assume that meant she was actively being abused though it certainly seems like a decent one of many possibilities.

I'm not saying your theory isn't plausible. I'm saying you're getting tunnel vision on the first plausible thing you came across.

Re:The impact of sexual abuse on female development: a longi... by fullstop on Thursday January 13, 2022 @01:14PM (#29924382)
I think that you may have misunderstood me. The woman left the room to discuss the matter, returned to the court room in tears, and was called back again after the selection process was completed.

I hear hoofbeats and I don't think that it's zebras.

Re:The impact of sexual abuse on female development: a longi... by throwanem on Thursday January 13, 2022 @01:24PM (#29924533)
A notable trait of courthouses is that they are very frequently attended by law enforcement officers to whom such a report could be made.

Especially given how little interest court personnel typically take in individual panelists, why assume everyone with whom you're putting so much effort into arguing is so probably wrong in our analysis of what this interaction likely was?

Re:The impact of sexual abuse on female development: a longi... by emodendroket on Thursday January 13, 2022 @12:51PM (#29924039)
Abuse is often ongoing for long periods of time, so I don't know that it's necessarily implausible.