Are women prosecutors treated differently in sexual assault cases?

Question

Does the defence, judges, or jury feel there is a bias with women as prosecutors in sexual assult cases. Why or why not?

What about judges? Are women working in the criminal justice system still viewed differently? Since the creation of Title VII of the Civil Rights Act of 1964. Weaker, stronger, not worthy opponents, or not equvalent to men? Do you fee that these problems exist and if not these what else do you feel is wrong?

Answer 1

I'm not sure what you mean by bias in this instance. Do you mean do the judges, jury and/or defense feel that women prosecutors are, themselves, biased in sexual assault cases (like more likely to prosecute, less likely to settle, etc.)? Or do you mean is there a bias on the part of defense, jury or judge against the woman prosecutor? My answer is the same either way. . .I have never witnessed any bias either way in my practice as a defense attorney, nor felt any bias. I do think that it is sometimes good to have a female prosecutor on the case, as opposed to a male prosecutor, if only to make the alleged victim feel more comfortable.

Additional response: I think whether you will see female lawyers treated differently by the judges and other people varies widely by location. In more urban areas, like where I live (Louisville, KY), female lawyers are viewed by prosecutors and judges the same as any male lawyer. (Though private female defense attorneys are not hired as often by defendants as male defense attorneys.) However, I do notice a difference when I go out into the smaller counties to practice. Female lawyers are not seen as worthy opponents in some of these places. However, that is something I have used to my advantage, and they don't make the same mistake twice. Never underestimate your opponent. If you do, you will lose.

Answer 2

I don't think the sex of the prosecutor is as much as a factor as the sex of the defense attorney. Many jurors figure that if an alleged rapist is defended by a woman, he must'nt be "so bad." Many accused rapists who hire their own attorneys specifically hire a woman for just that reason. Also, a male attorney "going after" the victim on cross examination could be viewed more negatively than a woman doing the same thing.

Answer 3

I don't know about you, but I've seen female law enforcement officers throw down as good as male ones. Even if they're petite and have little bodies, they still can pack a wallop. Same with parole officers. And social workers, who I know from experience deal more with the sexual assault cases than male investigators, can be as tough or tougher. I think women probably feel they have more to prove. But in smaller towns, like the one I work in... they may not be entirely equal, but they're closer. We may have to prove ourselves, but they'll be sorry we did.

Answer 4

Many defendents on rape cases hire female lawyers to create an image of being "female friendly". They hope that if the jury sees a woman defending an accused rapist it MUST mean she does not think he is a creep.