Rape law reform and the effect of victim characteristics on case processing

Rape law reforms enacted during the past 20 years were designed to shift the focus of a rape case from the victim to the offender. Reformers and criminal justice officials speculated that changes in the rules of evidence and enactment of rape shield laws would result in less suspicion of the claims of rape victims and would make it less likely that the character, reputation, and behavior of the victim would affect decision making about the case. In this paper we examine the impact of rape law reform on the factors affecting the outcome of sexual assault cases bound over for trial in Detroit. We find little support for our hypothesis that the effect of victim characteristics on case processing decisions declined in the postreform period. Most of the victim characteristics did not have the expected effects on the likelihood of case dismissal, charge reduction, conviction, or incarceration. We did, on the other hand, find that the proportion of cases involving evidence of risk-taking behavior on the part of the victim or questions about the victim's credibility increased in the postreform period.     

The impact of race and extra-legal factors in charging defendants with serious sexual assault: Findings from a five-year study of one Pennsylvania court jurisdiction

Research on sexual assault case processing remains mixed regarding how extra-legal factors such as the racial-ethnic composition of the defendant-victim dyad may impact prosecutorial decision-making. We use data from 2006–2010 in a Pennsylvania county court jurisdiction to examine the victim- and defendant-related factors that influence charging decisions. We also explore how the demographic and offense characteristics influence decisions to prosecute offenders for more serious types of sexual assault. Our findings indicate that the racial composition of the defendant-victim dyad contributed to the prosecutorial decision to charge an offender with a more serious sexual assault, while victim characteristics and use of violence during the offense were not related to seriousness of the charge.     

THE SEXUAL STRATIFICATION HYPOTHESIS AND SEXUAL ASSAULT IN LIGHT OF THE CHANGING CONCEPTIONS OF RACE

Recent research examining race-based sentencing has reported anomalous results. It has been argued by Heck (1981) and Peterson and Hagan (1984) that these anomalies would not be perceived as such given a greater sensitivity to the "changing conceptions of race" in American society. This study performs a limited test of the sexual stratification hypothesis which asserts that various degrees of opprobrium are attached to sexual assaults depending on the racial composition of the offender/victim dyad. This hypothesis is tested with an additive and a race-specific model. The additive model fails to reveal any significant differences in severity of penalties based on either offender or victim race. The race-specific model reveals that significantly harsher penalties were imposed on blacks who sexually assaulted whites than were imposed on blacks who sexually assaulted blacks. The additive model suppresses this differential sentencing severity because blacks who assaulted blacks received the most lenient penalties, thus moving the black grand mean to one which was not significantly different from the white grand mean. Thus, both differential leniency and harshness are possible for blacks depending on the race of the victim.     

Racial Bias in Case Processing: Does Victim Race Affect Police Clearance of Violent Crime Incidents?

Prior studies have illustrated racial differences in perceptions of police legitimacy. African‐Americans’ views, however, appear to be complex, shaped by perceptions of over‐enforcement of crimes committed by African‐American offenders coupled with under‐enforcement of crimes involving African‐American victims. Using data from the 2002 National Incident‐Based Reporting System, we examine whether victim race (alone, and in combination with offender race) affects police case clearance of four types of violent criminal incidents (homicide, aggravated assault, rape, and robbery) as a potential explanation of African‐Americans’ reduced levels of support for the police. Results suggest that the race of the victim, particularly in combination with the race of the offender, is related to police clearance of violent criminal incidents, but that this relationship is not as strong as those between agency, offense type, and situational characteristics of the incident. Implications for research and policy on police—community relations are discussed.     

Domestic Sexual Assault: A New Opportunity for Court Response

Based on research conducted for the State Justice Institute, this article examines the invisibility of domestic sexual assault—also known as intimate partner sexual assault or spousal, wife, or marital rape—from the perspective of community and court responses to domestic violence and sexual assault. The article identifies the consequences of invisibility of domestic sexual assault, including the potential for lethality, and offers suggestions to courts for improving outcomes for victims and perpetrators. Areas explored include data collection and analysis, judicial leadership, and specialization in victim response systems, law enforcement and prosecution, court management, and offender intervention.     

Sexual crime and place: The impact of the environmental context on sexual assault outcomes

Purpose

Using the rational choice perspective, the current study investigates the impact that the environment and offending behavior have on serial sexual crime event outcomes.

Methods

The effects of time and place factors, as well as offender modus operandi strategies, on sexual crime event outcomes are tested using Generalized Estimating Equations on a sample of 361 crime events committed by 72 serial sex offenders.

Results

Time and place do impact serial stranger sexual offenders’ modus operandi strategies, but the place characteristics of the crime have more of an effect on the offender’s behavior than do the temporal conditions during which the event occurs. Subsequent analyses indicate that temporal and place factors, as well as offender modus operandi strategies, predict whether the offender completes the rape, his reaction to victim resistance, and the level of physical force that he inflicts on the victim, but not whether the victim is forced to commit sexual acts on the offender.

Conclusions

Serial stranger sexual offenders are effective decision-makers who adapt their strategies to the physical environment in which they commit their crimes, but their degree of rationality can vary as some outcomes are more dependent on the context than the offender and his actions.     

An Empirical Analysis of 30 Years of U.S. Juvenile and Adult Sexual Homicide Offender Data: Race and Age Differences in the Victim–Offender Relationship

Abstract: Little is known about the racial patterns of crimes committed by sexual homicide offenders (SHOs). This study examined race and age influences on victim–offender relationship for juvenile and adult SHOs. A large sample (N = 3868) from the Supplemental Homicide Reports (1976–2005) was used. Analyses of victim–offender patterns included examining victim age effects (child, adolescent, adult, and elderly). The findings revealed several race‐ and age‐based differences. Black offenders were significantly overrepresented in the SHO population. This finding held for juveniles and adults independently. White SHOs were highly likely to kill within their race, “intra‐racially” (range 91–100%) across four victim age categories, whereas Black SHOs killed both intra‐racially (range 24–82%) and inter‐racially (18–76%), with the likelihood of their killing inter‐racially increasing as the age of the victim increased. This study underscores the importance of considering victim–offender racial patterns in sexual murder investigations, and it offers practical implications for offender profiling.     

Effects of offender motivation, victim gender, and participant gender on perceptions of rape victims and offenders

The primary purpose of the present study was to examine whether knowledge of the motivation of an offender can influence participant perceptions of victim and perpetrator responsibility for a sexual assault. In addition, the synergistic influence of victim gender and participant gender with offender motivation was explored. Participants were 171 men and women from a small Northeastern college exposed to a stimulus in which a rapist's motivation was varied as either sexual or violent. Participants were more certain that the stimulus described a rape, recommended a longer prison sentence for the offender, and assigned less blame to the victim when exposed to an offender motivated by violence as opposed to an offender motivated by sex. Offender motivation also interacted with participant gender and victim gender on participants' perceptions of victim blame and offender responsibility. The results suggest that an offender's motivation for rape can influence perceptions of the offender's and victim's responsibility for the assault.     

Rape trials and jurors' decisions

Recently, many writers have argued that equal protection for victims of rape is not presently offered in the courts since the outcomes of rape trials are frequently influenced by certain victim, defendant, and rape case characteristics. By systematically manipulating the factors of defendant and victim race, victim physical attractiveness, victim sexual experience, strength of evidence presented, and type of rape committed in a legal rape case, the present study sought to examine the effects of these factors on jurors' verdicts. Data collected from a sample of 896 citizens serving as mock jurors for the rape case indicated that these extraevidential factors had significant effects. Furthermore, it was found that the factors did not act independently as a number of significant interactions were identified. These interactions suggested that the impact of extraevidential factors on jurors' decisions is far more complex than what some writers and law reformers have thought. Implications of the findings are discussed in terms of discriminatory treatment of plaintiffs and defendants in rape cases and the role of juror selection in introducing fairness in rape trials.     

Juvenile and Adult Offenders Arrested for Sexual Homicide: An Analysis of Victim–Offender Relationship and Weapon Used by Race*

Abstract: Limited information is available on racial offending patterns of sexual homicide offenders (SHOs). This study used a 30‐year U.S. Supplementary Homicide Reports sample of SHOs arrested in single‐victim situations (N = 3745). The analysis strength was used to determine whether the findings yielded meaningful patterns for offender profiling. Several important findings emerged for the juvenile offenders. Juvenile White SHOs were likely to target victims with whom they shared a mutual relationship. In contrast, Black juveniles were equally likely to murder strangers and those with whom they had prior and familial relationships. Notably, no juvenile Black SHOs were arrested for murdering intimate partners. Juvenile White SHOs were twice as likely to use edged weapons as their Black counterparts. Black juveniles, conversely, were more likely than White juveniles to use personal weapons. Beyond these findings, known victim–offender relationships and weapon used may not have significant utility for investigators in identifying the SHO race, even after controlling for offender age. Limitations and future directions are discussed.     

OFFENDER–VICTIM INTERACTION AND CRIME EVENT OUTCOMES: MODUS OPERANDI AND VICTIM EFFECTS ON THE RISK OF INTRUSIVE SEXUAL OFFENSES AGAINST CHILDREN*

Criminological research has shown the relevance of examining offender–victim interaction and related factors to understand crime event outcomes. In sexual offenses against children, an obvious lack of knowledge exists regarding this issue. From a criminological perspective, we seek to improve our understanding of the offender–victim interaction in sexual offenses against children and, in particular, what factors might increase the risk of a more intrusive offense. We argue that modus operandi strategies play a central role in crime event outcomes and examine this hypothesis with data obtained from a semistructured interview conducted with offenders. As expected, modus operandi was found to have a strong effect on crime event outcomes, especially victim participation during sexual episodes. Victim effects also emerged from the analyses. Specifically, a strong interaction effect between age and gender of the victim was found for victim participation, which suggests that as the victim gets older, offenders are more likely to make their victim participate in sexual episodes when abusing a male victim but are less likely to do so when abusing a female victim.     

The Effect of Conjugal Visitation on Sexual Violence in Prison

Using yearly state-level data drawn from a variety of different sources and a pooled cross-sectional time-series research design, we examine whether conjugal visitation attenuates sexual violence in prison. The determination of whether sexual violence in prison is less apt to transpire in states that allow conjugal visitation is theoretically relevant. Feminist theory argues that conjugal visitation has little if any influence on the occurrence of rape and other sexual offenses in prison, notwithstanding the gender of the offender and victim, because such offenses are crimes of power that are employed by the offender as an instrument to dominate and humiliate the victim. On the other hand, sexual gratification theory postulates that conjugal visitation provides inmates with a means of sexual release. Therefore, conjugal visitation should reduce sexual offending in prison. Results support sexual gratification theory by showing that states permitting conjugal visitation have significantly fewer instances of reported rape and other sexual offenses in their prisons. The policy implications of these findings are discussed.     

Bedroom rape: sequences of sexual behavior in stranger assaults

This article examines the sequential, temporal, and interactional aspects of sexual assaults using sequential analysis. Fourteen statements taken from victims of bedroom-based assaults were analyzed to provide a comprehensive account of the behavioral patterns of individuals in sexually charged conflict situations. The cases were found to vary in the sexual severity of assault, distinguishing a variety of motivations and behavioral repertoires of offender and victim. Two quite distinct styles of offense were identified: multiple and single, which may have very different implications for research into rapist taxonomies and rape prevention strategies.     

A Criminal Injustice System? Sex Offender Suspects and Defendants

The purpose of this paper is to open up a discussion regarding the potential shift from the presumption of innocence to a presumption of guilt regarding those suspected of or charged with sexual offending. It is acknowledged that further investigation is needed and it is hoped that this discussion is one of many. The crux of this paper therefore is that sex offender suspects and defendants potentially find themselves in a criminal injustice system. Whilst the focus is predominantly on ‘victims’ (usually female) and people suspected or charged with sexual offending (usually male) within the criminal justice system in England and Wales the concerns articulated here are not confined to this context. For example such concerns are echoed in relation to the potential injustices occurring on American campuses. This demonstrates that this is a domestic and international situation and a situation that extends beyond the criminal justice system. We argue that what is occurring at home and abroad has to be contextualised with regard to public, media and official attitudes and approaches to ‘victims’, suspects, defendants, sex, sexual consent, sexual offending and a subsequent shift from the presumption of innocence to a presumption of guilt. It is argued that not only is the presumption of innocence undermined by the presumption of guilt regarding suspects and defendants in cases of sexual offending, it is also undermined in England and Wales by the victim personal statement (VPS). The VPS contains and promotes the idea that there is a ‘victim’ and ‘offender’ before this has been legally established in a court of law. These assumptions embodied within the VPS weaken the principle and practice of the presumption of innocence. The safeguard of the presumption of innocence is potentially under threat and the result is an even greater potential for miscarriages of justice and wrongful convictions.     

Employing mixed methods to explore motivational patterns of repeat sex offenders

PurposeUnderstanding the motivation of sex offenders plays a key role in societal perception of victim culpability and offender responsibility. This study identified patterns of offender motivation, assessed motivation stability across offenses, and estimated the influence of offense/victim specific factors on motivation in comparison to offender factors.MethodsEmploying mixed-methods sequential explanatory research design, the study utilized confirmatory factor analysis (CFA) to identify motivational factors underlying 346 crime events. Second, motivation stability was assessed across offenses committed by 69 offenders. Finally, interview data were reviewed to assess whether offender types emerged corresponding to CFA results.ResultsA motivational typology was identified comprised of five offender groupings built upon two underlying constructs, one driven by sexual gratification and the other linked to anger/aggression. Minimal change in motivation was observed across offenses committed by the same offender against different victims. Offense/victim specific influence (22-23%) and offender related influence (77-78%) were similarly distributed with both sexual and anger-driven motivation.ConclusionsMotivation plays a key role in offending. Offense/victim specific factors have similar proportional influence on crime motivation in comparison to offender factors irrespective of the type of motivation. Contrary to popular public perception, victim blame is not warranted regardless of what motivates offenders.     

Liberating Discretion: The Effect of Rape Myth Factors on Prosecutors’ Decisions to Charge Suspects in Penetrative and Non-Penetrative Sex Offenses

Abstract

In sexual assault cases, prosecutorial charging decisions may be influenced by legal factors like offense seriousness and convictability and extralegal rape myths. We use data on sexual assaults in Los Angeles, to test for the effects of victim behavior, victim credibility, and “real rape” stereotypes on the decision to file charges. We also test the liberation hypothesis, examining whether rape myths influence the charge decision more in less serious nonpenetrative cases then in penetrative cases. Results show that victim credibility and behavior, but not consistency with real rape stereotypes, affect charging decisions, even after controlling for legally relevant factors, and they influence prosecutors’ charging decisions equally in penetrative and nonpenetrative cases. Rape myths also influence the charging decision indirectly via victim cooperation. We conclude that rape myths are incorporated into the criminal justice system’s definition of and response to sexual violence, so cannot be addressed by changing case screening policies.     

Victim-offender race and support for capital punishment: A factorial design approach

Existing research suggests that juries are more likely to condemn murderers to death when offenders are black victims are white. It remains to be seen, however, whether these decisions reflect broader racial prejudices in society that are imported into the jury room. If they do, then insuring equity in capital sentencing may be beyond reach. Accordingly, this study uses factorial design methodology to examine whether members of the general public are more supportive of capital punishment when asked to rate a vignette describing a murder involving a white victim and black offender as opposed to other victim-offender racial combinations. Our analyses suggest that the race of the offender, but not the victim, has a significant influence on support for capital punishment. Thus, procedural safeguards alone may be unable to eliminate racial bias in capital sentencing.     

Racial Context and Crime Reporting: A Test of Black’s Stratification Hypothesis

Contextual factors that contribute to race differences in reporting crime to the police are an important element in Donald Black??s theory of the behavior of the law, yet few studies have investigated whether these differences vary depending on social context. The present study investigates whether the relationships between victim and offender race and the reporting of crime are moderated by the level of racial stratification in a given place as Black??s stratification hypothesis would predict. Using victim survey data from 40 metropolitan areas, as well as data from other sources, we find results that are consistent with Black??s stratification hypothesis, namely, that victim and offender race are more strongly associated with the reporting of crime in those metropolitan areas where the gap in economic status between blacks and whites is larger and the groups are more residentially segregated. The theory, however, is unable to account for the high rates of reporting of black-on-black assaults found across the 40 metropolitan areas. The question of how the needs of black victims may outweigh their reluctance to call the police is an important issue for future research.     

The Time Course of Repeat Intimate Partner Violence

This study examines the time course of repeat victimization by assessing whether the opportunity for victim/offender contact influences the time lapse between successive incidents of intimate partner violence. Several measures of opportunity for victim/offender contact are used, including cohabitation, co-parenting, restraining order status, and victim unemployment. The study finds that some victims (i.e., those who live with the offender) are at risk of repeat victimization in a shorter period of time than other victims. However, the study yields conflicting findings about the relationship between other opportunity variables (i.e., co-parenting and victim unemployment) and the time lapse between successive incidents of intimate partner violence. Policy implications are discussed and suggestions are offered for future research on repeat intimate partner violence.