Compounding Prejudice? Investigating Canadian Mock Juror Perceptions of Victim Race and Work in the Sex Trade

Indigenous women and sex workers experience high rates of violence in Canada and are often blamed for their victimization.This jury simulation examined how victim race (Indigenous, White) and work in the sex trade (sex worker, non-sex worker) affected mock juror verdicts in a first-degree murder trial.Although victim race and involvement in sex work did not significantly affect juror verdicts, stereotypes about Indigenous women and sex workers, as well as negative attitudes about sex workers, may predict victim blame.Overall, these findings suggest perceptions of Indigenous women and sex workers affect victim blame; however, these perceptions are not directly related to verdict decisions.Compounding Prejudice?Investigating Canadian Mock Juror Perceptions of Victim Race and Work in the Sex Trade Despite comprising less than five percent of the Canadian population, Indigenous persons (First Nations, Métis, and Inuit) are disproportionately represented in the criminal justice system, as victims and offenders (Boyce, 2016;Roberts & Reid, 2017).This pattern is exemplified in a recent report by Statistics Canada (2018), which indicates that Indigenous people are six times more likely to be the victim of homicide than non-Indigenous people.Recently, the National Inquiry into Missing and Murdered Indigenous Women and Girls (2019) has drawn attention to the systemic inequality faced by Indigenous women.It is well established that Indigenous women experience violence at a rate three times higher than non-Indigenous women (Boyce, 2016;Brennan, 2011) and are overrepresented in the sex trade in Canada (Hallgrimsdottir, Phillips, & Benoit, 2006;Jacobs, 2005; Royal Canadian Mounted Police, 2006).Many Indigenous women are deemed responsible for their victimization (Comack & Balfour, 2004), particularly when they are involved in a high-risk activity such as sex work (Jiwani & Young, 2006).Prejudicial perceptions of Indigenous women with sex work experience may affect trial outcomes, as evidenced in R. v. Barton (2015).Cindy Ivy Gladue was a 36-year-old Cree woman from Calling Lake who lived in Edmonton, Alberta, on Treaty 6 territory for much of her life.She was a mother of three, daughter, sister, and friend.At times, Gladue also engaged in sexual activity for payment (Carlson, 2015).On June 22, 2011, Gladue was discovered dead in the bathtub of a hotel room rented by a client.A jury found the defendant, her client, not guilty of first-degree murder (R. v. Barton, 2015); however, the Alberta Court of Appeal overturned this Ellingson, 2010), or a victim's involvement in high-risk activity (Sundby, 2003) may affect juror decision-making.Additionally, Indigenous defendants may be more likely than non-Indigenous defendants to be found guilty (Maeder & Burdett, 2013;Pfeifer & Ogloff, 2003).Despite this knowledge, no previous research addressing extralegal information in jury decision-making has explored how victim race, victim work in the sex trade, and defendant race jointly affect juror verdicts.Therefore, this exploratory study examined how victim race (Indigenous, White), victim work in the sex trade (sex worker, non-sex worker), and defendant race (Indigenous, White) affect juror verdicts in a first-degree murder trial.This research also examined how just world beliefs, stereotypes, and favourable or unfavourable feelings toward Indigenous people and sex workers are related to verdicts and victim blame.Although defendant race was varied to avoid a confound of interracial/intraracial crimes, this research focused on victim race and work in the sex trade.In the Canadian context, an improved understanding of the relationship between this extralegal information, juror verdicts, and victim blame may contribute to improving access to justice for Indigenous women with sex work experience. Historical, Social, and Legal ContextSocietal factors may affect the likelihood that certain people enter the courtroom as a victim.Indigenous women and those who work in the sex trade often encounter marginalization and discrimination in Canadian society (Jeffrey & Macdonald, 2006;Kubik, Bourassa, & Hampton, 2009).Stereotypes, just world beliefs, and victim blame may be affected by the historical, social, and legal context.Consequently, this context may shape a juror's perceptions of a victim in the courtroom.

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