He posted/she posted: Unpacking the affordances of social media evidence in sexual assault cases

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Abstract
Drawing on communication affordance theory and literature on victim blaming, rape myths, and violence against women, this study uses a qualitative content analysis of 108 publicly available court judgements to examine the use of social media evidence in sexual assault trials in Canada. Our findings indicate that the defense and the prosecution use social media’s affordance of digital association to establish relational ties between victims and defendants. Both sides also draw on the persistence and visibility of social media to support different interpretations of the events surrounding the assault based on pre- and post-assault communications, especially as it relates to the matter of consent. Lastly, we find that news stories or public service announcements posted to social media are referenced in the courts as important motivators that encourage women to come forward about their assault.

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