Same Question,Different Answers: Theorizing Victim and Third Party Decisions to Report Crime to the Police

The current study attempts to address a key, but underdeveloped, area in crime reporting literature: the decisions of non-victims to report crime. Drawing on a theory of criminal justice decision-making, we argue that the decision to report a crime reflects a rational process, where the individual considers his or her goals, potential actions, and the relative ability of those actions to achieve the specified goals. Differences in each of these areas result in different decision-making processes for victims and third parties. We offer a preliminary test of our arguments using data from the National Crime Victimization Survey. In general, we find support for our expectations, with third party reporting decisions more heavily influenced by crime seriousness and less so by the offender’s relationship with the victim than are victim reporting decisions. In concluding, we argue that third party reporters should be focal points of future reporting analyses.     

POLICE INTERVENTION AND THE REPEAT OF DOMESTIC ASSAULT

We use the National Crime Victimization Survey to examine whether domestic violence is less likely to be repeated if it is reported to the police and if the offender is arrested. Our longitudinal analyses suggest that reporting has a fairly strong deterrent effect, whereas the effect of arrest is small and statistically insignificant. We find no support for the hypothesis that offenders retaliate when victims (rather than third parties) call the police or when victims sign complaints. We also find no evidence that the effects of reporting or arrest depend on the seriousness of the offense, a history of violence by the offender or sociodemographic characteristics. Our results suggest that the best policies for deterrence will be those that encourage victims and third parties to report violence by intimate partners to the police.     

ARREST FOR DOMESTIC AND OTHER ASSAULTS*

We use the National Crime Victimization Survey to examine whether a suspect's relationship to an assault victim affects whether the police make an arrest. The results indicate that in cases of minor assaults the police are less likely to make an arrest when the suspect is an intimate partner of the victim than when the suspect is an identifiable stranger. However, the police are not as lenient when the suspect is an intimate partner as they are when the suspect is someone else the victim knows. Intimate partner suspects avoid arrest in part because they are less likely to commit their crimes in front of witnesses. In addition, victims who know the suspect in any way are reluctant to sign complaints, and this reluctance inhibits arrest. Men are less likely than women to sign complaints, particularly when the suspect is a partner.     

IF A THREAT OF VIOLENCE IS PRESENTED,WHEN DOES THE LAW REQUIRE FAMILY MEDIATORS TO BREACH CONFIDENTIALITY?

For a family mediator to protect his client, a third party, and/or himself from unlawfully disclosing a client's admission, the family mediator should use the principles set forth in Tarasoff v. Regents of the University of California when a threat of violence is presented by one of his clients, since many states have adopted these principles through case law and statute to protect third parties from acts of violence. The two most significant factors in determining whether to breach confidentiality are the identifiability of the victim and the likelihood of the potential physical harm. If a jurisdiction has not explicitly done so via statute, the family mediator should nonetheless follow these principles since they are likely to be adopted by that jurisdiction through case law, because the probability of a court's finding a special relationship between a family mediator and a client is relatively high.     

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.     

Victim Noncooperation in the Prosecution of Domestic Assault

In recent years increased attention has been focused on the response of the criminal justice system to domestic violence. Several studies have attributed the low rate of prosecution for spousal assaults to noncooperation on the part of police, prosecutors, and judges. A discussion of the role played by victim noncooperation in the prosecution process has been conspicuously absent. This article presents preliminary findings from a study of approximately 6,200 cases of domestic assaults reported to law enforcement authorities. The incidence and correlates of victim noncooperation are outlined at four decision points.     

The sexual stratification hypothesis revisited: Testing assumptions about simple versus aggravated rape

Previous research testing the sexual stratification hypothesis has included only African American and White victims and suspects. This study also included Hispanic victims and suspects. Using data on all sexual assaults reported to the San Diego Police from 1995 to 2002, the analysis focused on the effects of the racial/ethnic composition of the victim/offender dyad, the relationship between victim and offender, and type of rape on three sexual assault case outcomes: whether the victim declined prosecution, whether the police unfounded the crime, and whether the district attorney filed charges. A secondary analysis employed the liberation hypothesis to test whether the effect of race was confined to simple rape. Results indicated that the racial composition of the victim/offender dyad was largely insignificant in determining case outcomes, but that the relationship between victim and offender and whether the suspect and victim were under the influence of alcohol or drugs had strong effects.     

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.     

Victim Cooperation in Intimate Partner Sexual Assault Cases: A Mixed Methods Examination

Extant research overwhelmingly indicates that victim cooperation influences case outcomes in both sexual assault and intimate partner violence cases. However, no studies have examined cooperation decisions in intimate partner sexual assault (IPSA) cases. This study uses data on sexual assaults reported to Los Angeles law enforcement in 2008 to address this issue. Because the contextual factors associated with sexual assault can vary dramatically depending on the suspect-victim relationship, this study estimates a model of victim cooperation that includes factors unique to IPSA. Additionally, the current research discusses how police practices and perceptions likely interact with victim characteristics to affect victim cooperation decisions. Quantitative findings are supplemented with a qualitative analysis of the reasons victims reported for declining to cooperate.     

Sexual assaults in Geneva between 2006 and 2010

In Geneva, all sexual assault victims are examined both by a gynaecologist and a forensic pathologist with special training in clinical forensic medicine. Between 2006 and 2010, 473 victims were examined following such an assault. Over the years, the number of sexual assaults rose steadily. Most victims were aged between 15 and 30 years. The majority of the assaults occurred at night and on the weekend and often happened at the place where the perpetrator or the victim lived. Usually, the offender acted alone and was known to the victim. Many victims hesitate to present for an examination, which makes it difficult to collect evidence. Penetration was usually vaginal and without the use of a condom. Injuries on the body or genitals were seen in only half of the cases for the first ones and in less than one third for the second ones. Quite often (at least in 42 % of the cases), the victim consumed alcohol before the assault and the use of drugs--especially cannabis--was not uncommon either.     

Prior Police Contact and Subsequent Victim Reporting: Results from the NCVS

This study investigated the association between victim reporting and the police response to past victimizations with data from the National Crime Victimization Survey from 1998–2000. The findings include: (1) investigatory effort by police when an individual had been victimized in the past increased the likelihood that the individual would report an ensuing victimization to the police; (2) however, this relationship only held when the victim, rather than someone else, reported the prior victimization to the police; (3) whether the police made an arrest after an individual was victimized in the past had no effect on whether the individual reported an ensuing victimization to the police; (4) the probability of victim reporting was unaffected by investigatory effort or whether an arrest was made after a prior victimization of a member of the victim’s household.     

DISENTANGLING THE EFFECTS OF GENDER AND INTIMACY ON VICTIM PRECIPITATION IN HOMICIDE*

Research indicates that incidents in which women kill their husbands are more likely to involve victim precipitation than incidents in which men kill their wives. Formulating a causal interpretation of this finding, however, is complicated because the observed pattern may reflect gender differences in violence rather than any special dynamics between husbands and wives. In this research, we introduce and illustrate a framework for disentangling the effects of intimacy and gender on violence. We examine the additive and multiplicative effects of the gender of the offender, the gender of the victim, and the relationship between the offender and victim on victim precipitation. For the most part, the pattern of victim precipitation in homicide reflects the fact that males tend to be more violent than females. However, we find some evidence of special dynamics for intimate partner homicides: Men who are killed by their partners tend to have more violent records than men who are killed in other circumstances.     

The Role of Perpetrator Alcohol Use in the Injury Outcomes of Intimate Assaults

Little research has been conducted on the role of perpetrator alcohol use in the injury outcomes of intimate assaults, although alcohol use by an intimate partner may be related to more severe assault outcomes (physical injury and need for medical attention) than is no alcohol use. The role of perceived perpetrator alcohol use in the injury outcomes of intimate assaults (N = 909) was analyzed using 1992–1996 National Crime Victimization Survey data. Logistic regression analyses demonstrated that perpetrator alcohol use was associated with increased likelihood of physical injury and marginally associated with more medical attention seeking by the victim when demographic variables and assault characteristics were controlled. Suggestions for future research on the relationship between alcohol and intimate assault outcomes are presented.     

Group size does matter: differences among sexual assaults committed by lone,double, and groups of three or more perpetrators

ABSTRACT

We compared a total of 340 sexual assault cases based on offender characteristics, victim characteristics, and offence behaviours to identify differences among sexual assaults committed by lone, double, and groups of three or more perpetrators in South Korea. Several differences were found among sexual assaults committed by varying numbers of offenders. First, lone, double, and groups of three or more perpetrators differed with respect to age, marital status, and employment status. Second, substantial differences in victim characteristics were observed with respect to age and the victim–offender (v–o) relationship. Third, significant differences in offence behaviours, including offence type, planning, method of approach, knife possession, and stealing property, were found. Furthermore, we identified several variables that significantly predict group size using logistic regression analyses. The study has theoretical implications for understanding how group dynamics influence the behaviours of rape perpetrators, and practical implications for victim treatment and offender intervention.     

The role of victim-offender relationship in women's sexual assault experiences

This study's goal is to identify differences in background, assault, and postassault factors according to the victim-offender relationship. A mail survey is conducted with more than 1,000 female sexual assault survivors (response rate 90%) recruited from college, community, and mental health agency sources. Stranger assailants are associated with a greater victim perceived life threat, more severe sexual assaults, and ethnic minority victims. Positive social reactions do not vary according to the victim-offender relationship, but stranger victims report more negative social reactions from others than do victims of acquaintances or romantic partners. Assaults by strangers and relatives are associated with more posttraumatic stress disorder (PTSD) symptoms than assaults by acquaintances and romantic partners. As expected, survivors' social cognitive responses to rape and social reactions from support providers are stronger correlates of PTSD symptoms than demographic or assault characteristics in general, but correlates vary across victim-offender relationship groups.     

Third party roles in intimate partner violence incidents and their effects on police response in a statewide rural jurisdiction

Using police narratives and affidavits, as well as incident report forms, this paper examines the neglected research topic of third party involvement in intimate partner violence and reports findings that differ from previous research done on the subject as a secondary topic. After identifying two analytically distinct roles of third parties, those of complainant and eyewitness, the study finds that the presence of complainants and eyewitnesses alone has no effect on police arrest dispositions. However, arrest is increased significantly when eyewitnesses become complainants or provide sworn statements. Other mafor findings of the study were: (1) the importance of the heretofore disregarded role of family members as third party witnesses; (2) the relative insignificance of marital status among cohabiting victim-offender couples on reporting and disposition; (3) the relatively small percentage of witnesses who are victimized; and (4) the greater willingness of witnesses to provide sworn statements against offenders with past versus current relationships to the victim. This paper was presented at panel session on “Domestic Violence and Law Enforcement Interventions” at the 2004 Annual Meeting of the Academy of Criminal Justice Sciences in Las Vegas on March 11. The study was facilitated by a Norwich University Board of Fellows Award and a Norwich University Research Grant. I would like to express my appreciation to the Vermont Department of Public Safety and the Vermont Crime Information Center for providing access to the Vermont Incident-Based Reporting System and for their cooperation throughout the project.     

Combined Statistical Analyses of Forensic Evidence in Sexual Assault: A Case Report and Brief Review of the Literature

DNA analysis has been widely used in the forensic field in order to contribute to identifying the perpetrator of a crime. Forensic investigation in sexual assaults usually focuses on locating and identifying biological fluids, followed by DNA analysis. The identification of certain compounds present in condoms can be useful to reconstruct the occurred event, especially in cases of sexual assaults where the DNA analysis did not show the presence of a male profile and where RNA analysis did not show the presence of sperm markers. Herein we describe the case of a woman reporting to be victim of sexual assault, who was not able to provide accurate information concerning the dynamics of the event; she remembered only forced penile–vaginal penetration by a single perpetrator. We performed short tandem repeat (STR) analyses and mRNA typing for forensic genetics testing on vaginal and rectal swabs collected on the victim, and Fourier-transform infrared spectroscopy (FTIR) followed by chromatographic analyses for the detection of condom compounds on the same swabs. The STR analysis showed only the victim’s genetic profile, and RNA analysis showed only the presence of vaginal and skin markers. In this situation, the identification of condom compounds residues on vaginal swabs became important as it complemented other collected evidences allowing the Court to reconstruct the events. A proposal of likelihood ratio (LR) calculation for the assessment of the weight of evidence in this case is described.     

The duty to warn/protect: issues in clinical practice

The duty of therapists to warn or protect third parties when a patient expresses a threat was established by the court in the Tarasoff decision. Confidentiality, disclosure, and prediction of violence are clinical, ethical, and legal issues that the therapist must address in the context of a therapeutic relationship. Clinical case material from the literature, as well as cases from the authors' experiences, indicate that when confidentiality is breached and a potential victim is warned, the therapeutic results may be positive, especially if the patient participated in the process. Other methods of protection, such as commitment, use of medications, police involvement, and confiscation of a weapon, may be necessary. Each case deserves individual consideration as to what appropriate and necessary steps should be taken. Through careful assessment of a patient's threats, concern for the patient and victim, adherence to ethical standards of care, and knowledge of the law, one can often protect a victim as well as engage the patient in an ongoing therapeutic relationship.     

Lethal Outcome in Sexual Assault Events: A Conjunctive Analysis

This paper examines violent sexual assaults and the factors associated with those assaults with lethal outcomes. It utilizes a criminal events perspective in conceptualizing the nature of these assaults and divides the event into three domains: victim characteristics, situational characteristics, and crime characteristics. Using a method developed by Miethe, Hart, and Regoeczi, conjunctive analysis of case configurations, we find that certain characteristics of the crime itself and certain characteristics of the victim appear strongly associated with fatal outcomes in sexual assaults, while situational characteristics appear relatively weakly associated with lethality.     

AN EXPLORATION OF THE DETERMINANTS OF REPORTING CRIME TO THE POLICE IN THE CITY OF TIANJIN,CHINA*

Western research has investigated three types of correlates of crime reporting–victim‐specific (individual or household), incident‐specific, and environment‐specific variables. The current study applies this general, analytical framework to explore the determinants of crime reporting to the police in contemporary urban China. Using data collected from a recent survey of criminal victimization in Tianjin, we assess the determinants for reporting of robbery, assault, personal theft, and household burglary. The results consistently show that offense seriousness is a significant predictor of reporting for all offenses studied. Also, a nonlinear relationship between neighborhood disadvantage and reporting of burglary is found. In contrast, individual‐specific and household‐specific factors do not affect reporting, with the exception of a cumulative measure of victimization experience. Measures of neighborhood social cohesion and informal control are also not associated with reporting. The implications of these findings are discussed with reference to the unique neighborhood organizational infrastructure in urban China.