Sexual Harassment, Jury Evaluation of

Research examining juror decisions in sexual harassment has generally found a relationship between juror gender and liability decisions, in that women are more likely than men to consider sociosexual behavior sexual harassment. This relationship is mediated by several variables, including attitudes of hostile sexism, juror self-referencing, juror ratings of the credibility of the plaintiff, and the story constructed by the juror. Using a “reasonable woman” standard as opposed to a “reasonable person” standard has not been successful in attenuating the gender gap in decision making in sexual harassment cases. However, some research suggests that expert testimony addressing these issues may help jurors make better decisions. Expert testimony addressing the “abuse excuse” has been suggested by some experts as a defense strategy, but researchers have demonstrated ...

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