Differential predictors of intimate partner sexual coercion versus physical assault perpetration

ABSTRACT

The current study attempted to strengthen existing literature regarding predictors of perpetrating intimate partner sexual violence to determine if there are unique predictors of sexual violence that differentiate it from physical abuse. It was hypothesised that men’s controlling, dominant and jealousy behaviours, and verbal aggression would significantly predict increased intimate partner sexual coercion and physical assault perpetration. These predictors were expected to be more predictive of sexual coercion than physical assault perpetration. Couples were recruited from the community (N?=?159) in a cross-sectional study recruiting couples with a violent male partner. Results demonstrated that men’s controlling behaviour was a significant predictor of sexual coercion and physical assault perpetration and behavioural jealousy was a significant predictor of sexual coercion perpetration. No predictors studied better predicted sexual coercion more than physical assault perpetration. These findings suggest that sexual coercion may be another type of physical assault without unique predictors.     

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.     

Sexual victimization against transgender women in prison: Consent and coercion in context

In this article, we conjoin two long‐standing lines of inquiry in criminology—the study of prison life and the study of sexual assault—by using original qualitative and quantitative data from 315 transgender women incarcerated in 27 California men's prisons. In so doing, we advance an analysis of the factors and processes that shape their experience of sexual victimization in prison. The results of qualitative analysis of 198 reported incidents of sexual victimization exhibit a range of types of sexual victimization experienced by transgender women in prison and reveal the centrality of relationships to their experiences of victimization. Findings from logistic regression models buttress the qualitative results, highlighting a factor that consistently and powerfully indicates vulnerability to sexual victimization is involvement in consensual sexual relationships with male prisoners. Together, the data demonstrate the prominence of intimate partner violence in prison, complicate the distinction between consent and unwanted sexual experiences in the lives of transgender women in prisons for men, and shine a light on the workings of gender in a total institution that privileges heteronormativity at the expense of the safety of transgender women in prisons for men. We discuss the implications of our findings in light of timely policy concerns.     

Applying NIBRS Data to the Study of Intimate Partner Violence: Massachusetts as a Case Study

Using data from Massachusetts, we illustrate three ways in which National Incident-BasedReporting System (NIBRS) data can improve the collection of importantinformation on intimate partner violence. First, because NIBRS usesincident-based reporting, data are collected on all crimes associated witheach incident. In our sample of women victimized by an intimate partner, 10%had experienced more than one crime during the incident. Second, NIBRSinvolves expanded data collection on the offender–victim relationship, aswell as reporting about additional offenses. For female victims, partnerswere more likely than nonpartners to commit the crimes of simple assault,intimidation, and aggravated assault. For crimes involving male victims, anaquaintance was most likely to be the offender. Third, NIBRS data allow usto connect information about the incident, the offender(s), and thevictim(s). Our data indicted that several victim- offender-, and incident-relatedvariables were risk factors for injury, including victims ethnicity,offenders relationship to the victim, offender's use of a weapon, whether or not thecase was cleared, type of crime committed, and whether or not drugs and/or alcoholwere involved in the incident. Although there are several limitations to NIBRSdata, its potential usefulness to the study of intimate partner violence deserves furtherattention.     

性侵儿童案中被害人陈述可信度判断研究

在性侵儿童案中,由于被害儿童身心特点,导致其作证能力和证言可信度常存在争议。但实际上年幼不是否认儿童作证能力的决定性因素。在性侵儿童案件中,要摒弃过度纠缠于对儿童作证能力的争议,将作证能力与证言可信度分开,肯定其作证能力,而着重判断证言可信度。通过对371份性侵儿童案件的裁判文书的分析可知,判断儿童被害人陈述可信度的因素与判断成年被害人陈述可信度的因素大致相同,同时实践中也结合儿童的特点提出了有针对性的考量因素。因此,对"童言"过于忌惮实无必要。在判断儿童被害人陈述可信度时,可以主要依靠判断被害人(证人)可信度的通常方法,同时更多地引入专家证人/辅助人帮助理解儿童行为和心理特点。这样将有助于解决儿童作证涉及的证明问题,更好地保护儿童权益。     

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.     

“To This Day She Continues to Struggle with the Terror Imposed upon Her”: Rape Narratives in Victim Impact Statements

This study locates the victim impact statements of raped women in the sociolegal context of significant sentencing law reforms introduced in Canada to address an ascendant victim’s rights movement. We examine 38 reported sentencing decisions in sexual assault cases in Ontario, Canada (1999–2010). Our objectives are to discern (a) whether the archetype of the ideal victim continues to influence juridical discourse after conviction and (b) what narratives of harm intersect with sentencing objectives and aggravating factors. Our findings suggest women express profound fear of re-victimization and traumatic effects of sexual violence regardless of the relational context of their rape experience. Most surprisingly, our data show sentencing judges view the sexual assault of an intoxicated rape victim as an aggravating factor. Future consideration for victim impact statements in sexual assault cases is discussed.     

Examining the relationship between sexual offenders and their victims: Interpersonal differences between stranger and non-stranger sexual offences

Abstract

The present study examined the behavioural differences in sexual assault offences in relation to the offender–victim relationship (stranger versus non-stranger). These differences were examined specifically in the context of four interpersonal themes of interaction: dominance, submission, hostility and cooperation. The details of 100 sexual offence cases (50 stranger and 50 non-stranger) were content-analysed, generating 58 dichotomous variables, covering offender and victim behaviour during the offence. χ² tests comparing the two samples found that offenders who were strangers to their victims were more likely than non-stranger offenders to display behaviours that indicate a hostile, violent offence style. In contrast, those offenders who knew their victims were more likely than strangers to display a less violent and more personal, compliance-gaining offence style. These findings are discussed in terms of their implications for offender rehabilitation and victim support.     

Sexual Assault Case Outcomes: Disentangling the Overlapping Decisions of Police and Prosecutors

The rape reform movement of the 1970s and 1980s was designed to improve the likelihood of prosecution and conviction in sexual assault cases. However, there is evidence that the attrition rate for sexual assaults reported to the police remains high, and that the locus of case attrition is arresting and charging decisions. In this paper, we analyze police and prosecutorial decision-making in sexual assault cases using quantitative data on sexual assaults reported to the Los Angeles Police Department and the Los Angeles County Sheriff’s Department in 2008. We argue that decisions made by police and prosecutors should not be examined in isolation from one another and that researchers who analyze arrest decisions by examining only cases that are formally cleared by arrest or who focus only on charging decisions that follow the arrest of a suspect may be ignoring important aspects of police and prosecutorial decision-making. This is confirmed by the results of our study, which reveal that a significant proportion of cases in which the police appear to have probable cause to make an arrest do not result in the arrest of the suspect and that a substantial number of cases are rejected for prosecution by the district attorney before an arrest is made. Moreover, the factors that predict arrest and charging vary depending upon the way in which the outcome is operationally defined. These results have a number of important policy implications for police and prosecutors handling sexual assault cases.     

REDUCING INTIMATE PARTNER VIOLENCE: AN EVALUATION OF A COMPREHENSIVE JUSTICE SYSTEM‐COMMUNITY COLLABORATION*

Research Summary In 1999, three communities were selected to participate in a research demonstration designed to test the feasibility and impact of a coordinated response to intimate partner violence that involved the courts and justice agencies in a central role. The primary goals of the Judicial Oversight Demonstration (JOD) were to increase victim safety, hold offenders accountable, and reduce repeat offending using coordinated community services and integrated justice system policies in intimate partner violence court cases. The partnerships differed from earlier coordinated community responses to domestic violence by placing special focus on the role of the court, specifically the judge, to facilitate offender accountability in collaboration with both nonprofit service providers and other criminal justice agencies. This article presents the results of an impact evaluation of this demonstration in all sites. The demonstration received mostly positive responses from justice system agencies, service providers, offenders, and victims. Improvements were made in offender monitoring, consistent sanctioning, and increased supervision. However, these changes did not translate into gains in victim perceptions of their safety or into reductions in repeat violence in all sites. Policy Implications The demonstration had minimal impact on changing offender attitudes and behavior. The mixed results of the evaluation indicate that the most effective justice system responses to intimate partner violence must include a focus on protecting victims, close monitoring of offenders, and rapid responses with penalties when violations of court‐ordered conditions are detected. Indications were found that JOD strategies were effective for some subgroups, including younger offenders with fewer ties to the victim and offenders with extensive arrest histories. The observed reductions in intimate partner violence in selected subgroups in the JOD sites may suggest a fruitful way to begin designing new intervention strategies, including prevention programs for men and women.     

The Effect of Victim Attitudes and Behaviors on Sexual Assault Victimization Severity: An Examination of University Women

The current study investigates a number of theoretically relevant victim characteristics to determine their impact on sexual assault victimization severity. Ordinary least squares regression analysis of survey responses from a sample of 204 university women indicated significant relationships between many of the variables of interest and increases in victimization severity. In particular, risk-taking behavior, delayed victim response strategies to sexual risk, increased number of lifetime sexual partners, and more frequent exposure to pornographic media significantly correlated with increasingly more severe forms of sexual assault. Future research directions and policy implications are discussed.     

Examining 19 years of officially reported child abduction incidents (1995–2013): employing a four category typology of abduction

Child abduction has generated extensive media attention due to deep-seated fear elicited by infamous incidents. Perceptions of an abduction epidemic during the 1970s and 80s entrenched a perception of ‘stranger danger’. Limited research on child abduction overemphasizes stranger abductions, which account for fewer than half of all abductions. As a result, less is known about the victim/abductor relationship across other abduction types. Prior work has emphasized simplistic stranger vs. family dichotomies, and similar trichotomies. This study, drawing on officially reported child abductions employing NIBRS datasets (N = 29,293), emphasizes differences across abductors/victims in a four category relationship-based typology, including a newer category – ‘intimate partner abductions’. Findings contribute baseline knowledge about child abductions by countering misplaced media driven fears and placing empirical findings in a more accurate context. Findings also reveal that intimate partner abductions have a unique victim/offender/incident profile and are the most serious and most consequential to adolescent female victims.     

The impact of extralegal factors on perceived credibility of child victims of sexual assault

ABSTRACT

The study examined the impact of victim age, victim gender, and perpetrator gender, across five domains of witness credibility: accuracy, believability, competency, reliability and truthfulness. The study also investigated which of these sub-constructs is the best predictor of guilt. 231 adult lay-people completed a survey measuring perceived credibility. Victim age emerged as having the most consistent effect, with the 5- and 10-year-old victims rated as more credible than the 15-year-old victim. Despite their legal incapacity to consent to sex, 15-year-old victims appear to be viewed as ‘quasi-adults’. Victims were rated as more accurate and truthful when the defendant was male compared to when the defendant was female. This may be due to the availability heuristic, as cases involving female defendants are less common. A significant main effect for victim gender was found for the competency sub-construct, such that males were rated as more competent than females. This result suggests that gendered attitudes and stereotypes may begin in childhood and extend to complainants of sexual assault. Main effects for accuracy and truthfulness, were qualified by three-way interaction effects. The five-factor model of perceived credibility accounted for 42% of variance in guilt perceptions, with truthfulness emerging as the strongest predictor of guilt.     

Engaging With Criminal Prosecution: The Victim's Perspective

Despite more than a decade of policies that encourage prosecutors to proceed without the victim's input or actions in cases of intimate partner violence (IPV), prosecutors still often rely on the victim's participation to move a case forward. The purpose of this study was to identify the barriers and motivators influencing female IPV victims' engagement with the criminal justice system and their preferences regarding prosecution. Findings from focus groups with women who had experienced police response to IPV revealed that women wanted the violence to end but faced numerous barriers to engaging with the criminal prosecution process. The dominant voice favored police and prosecutors taking action toward prosecution without depending solely or heavily on the victim's active participation.     

Prosecuting sexual assault: A comparison of charging decisions in sexual assault cases involving strangers,acquaintances, and intimate partners

In this study of prosecutors' charging decisions in sexual assault cases, we test the hypothesis that the effect of victim characteristics is conditioned by the relationship between the victim and the suspect. We categorize the victim/suspect relationship as one involving strangers, acquaintances/relatives, or intimate partners, and we examine the effect of victim, suspect, and case characteristics on charging decisions in each type of case. The results of our analysis reveal that the effect of victim characteristics, with one exception, is confined to cases involving acquaintances and intimate partners. In these types of cases, prosecutors were less likely to file charges if there were questions about the victim's character or behavior at the time of the incident. In contrast, the victim's reputation and behavior did not affect charging in cases involving strangers; in those types of cases, prosecutors were more likely to file charges if the suspect used a gun or knife or if the victim was white. We conclude that stereotypes of “real rapes” and “genuine victims” continue to influence the charging decision in at least some types of sexual assault cases.     

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.     

The Sexual Assault Nurse Examiner and the Successful Sexual Assault Prosecution

In recent years, specialized nursing skills have proliferated. On the leading edge of this phenomenon are sexual assault nurse examiners (SANEs). This article, and its supporting research, examines the relationship between the SANE, the prosecutor's office, and the disposition of sexual assault cases in Texas. All prosecutors in this highly populous state were surveyed regarding their perceptions of the contributions of SANEs to the criminal justice process. Sexual assault cases present at each stage of prosecution unique obstacles to conviction, as thoroughly explored in other publications. The gauntlet of trial is intimidating to many, if not all, of the victims of this offense. Attempts to protect the victim from unnecessary and irrelevant personal attacks have been somewhat successful. SANEs, invariably volunteers with specialized forensic training, provide professional evidence collection and continuity of support for victims and are a pragmatic innovation in criminal justice. In this article, their role is examined through the lens of the prosecutors, the criminal justice officials most significant and influential in determining the ultimate resolution of complaints filed by victims of crime. The officials polled expressed great confidence in the abilities, commitment, and overall contribution of SANEs at each phase of the process, including trial. The progress and impact of this forensic specialization in gaining judicial recognition as an expert witness is also examined.     

Gender Differences in Specialization in Intimate Partner Violence: Comparing the Gender Symmetry and Violent Resistance Perspectives

Research on male domestic violence offenders has typically considered them to be highly specialized offenders, and specialized theories and policies have been developed to address this type of offending. Some scholars have suggested that intimate partner violence is not as specialized as has been previously assumed. Especially in terms of gender differences, intimate partner violence research and theory suggest some variability in the level of specialization apparent for offenders. The current study uses the gender symmetry and violent resistance perspectives of women’s use of intimate partner violence to examine gender differences in specialization among a sample of intimate partner violence arrestees. Analyses employed multivariate models estimating the diversity index as a measure of specialization in general and multilevel item response theory to assess specialization in intimate partner violence specifically. Results indicate that female arrestees demonstrate significantly greater levels specialization as compared to male arrestees, providing support for the violent resistance perspective. Implications of these results and directions for future research are discussed.