배우자폭력 피고인의 성별과 피해자의 저항 정도가 법적 판단에 미치는 영향

초록

Examining the multifaceted characteristics of spousal violence provides a foundation for effective policymaking and appropriate responses to such cases. This study examined the effects of defendant’s gender and the victim’s level of resistance on legal decision-making in a spousal violence case. Additionally, the study examined whether individuals’ acceptance of interpersonal violence moderates the relationship between the victim’s level of resistance and judgments of guilt. A total of 384 adults eligible for Citizen Participation Trials participated in the study. Participants were randomly assigned to one of four conditions: 2(defendant’s gender: female, male) X 2(victim’s level of resistance: low, high) and completed a questionnaire assessing their acceptance of interpersonal violence. Next, they read a trial scenario describing a spousal violence case, including the prosecution’s arguments, and the defense’s arguments, followed by items assessing their legal judgments. The results showed, first, that the defendant’s gender had a significant main effect on the perceived guilt probability and sentencing judgments. Second, the interaction between the defendant’s gender and the victim’s level of resistance was significant. Third, acceptance of interpersonal violence significantly moderated the relationship between the victim’s level of resistance and judgments of guilt. Overall, the findings indicate that the defendant’s gender functions as a biasing factor influencing case judgments in a spousal violence case. Moreover, the effects of the victim’s level of resistance on judgments of guilt vary depending on individuals’ acceptance of interpersonal violence. The implications and limitations of the study as well as directions for future research were also discussed.

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