The Truth Behind the Lies: The Complex Motivations for False Allegations of Sexual Assault

The issue of false allegations is arguably the most controversial topic in the area of sexual violence. Portrayals of women who make false allegations are largely negative and leave little room for a comprehensive understanding of the complex motivations behind false complaints of sexual assault. The current study uses detailed qualitative data on 55 sexual assault cases that were reported to the Los Angeles Police Department in 2008 and that were subsequently unfounded. Our study focuses on identifying the factors that motivated complainants to file false allegations. Results reveal that motivations for false allegations fall into five overlapping categories: avoiding trouble/providing an alibi, anger or revenge, attention seeking, mental illness, and guilt/remorse. In addition, our findings more obviously suggest that motivations for filing false reports are varied and complex, often resulting from a need to alleviate social and personal distress. Given that we centered our study on motivations, this research is more comprehensive than prior examinations of motivations that have tackled numerous facets of false sexual assault reports.     

Estimating Crime Laboratory Efficiency in the Testing of Sexual Assault Kits,

Over the past decade, the large numbers of untested sexual assault kits (SAKs) have been highlighted as a systematic problem that jeopardizes or delays justice for victims. Considering the benefits of testing SAKs, researchers have worked to shed light on why sexual assault evidence has not been effectively submitted to and processed by crime laboratories. Missing from this discourse has been an understanding of the types of practices or qualities that encourage efficiency in the testing of SAKs in crime laboratories. We analyzed results of a national survey administered to all publicly funded state and local crime laboratories (N = 132 respondents) to provide critical information about (i) the extent to which laboratories are testing all of the SAKs possible given the resources they have available; and (ii) the impact that staffing, equipment, policies, and other practices have on SAK testing efficiency. We find that the average laboratory tests only about 69% of the SAKs possible given the resources available to them. However, although technical inefficiencies explain a large proportion of the number of untested SAKs, the accumulation of untested SAKs must also be attributed to laboratories having insufficient resources (e.g., too few forensic analysts). Moreover, results from stochastic frontier models show that doubling the number of forensic analysts in the typical laboratory would allow them to expand their SAK testing capacity by nearly 50%. Implications of these findings are discussed as they relate to the prioritization of resources for crime laboratories, which often operate under strict budgetary realities.     

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.     

性侵幼女犯罪之成因及其防范

近年来性侵幼女犯罪案件频发已经引令人瞩目，究其原因是多方面的，社会道德沦丧致使道德底线崩溃、传统文化的心理模铸、职业道德意识淡漠部分幼儿监管不到位、防性侵意识弱、不少施暴者应该说有着猎奇甚至是变态心理、家丑不可外扬思想作怪等等不一而足。这就要求我们必须有针对性地采取防范措施，严惩犯罪犯罪嫌疑人，坚决杜绝类似事件的发生，保持高压的态势，在人们的心里筑起一道不可逾越的鸿沟，让胆敢以身试法之人得到应有的下场；细化和完善有关的法律法规，使不法分子无机可乘；加强职业道德建设，设置更高更合理的选人门槛和用人评价机制，注重从业人员道德品格的考核和评价；加强对于未成年孩子的安全意识的教育和引导。     

The Use of Laser Microdissection in Forensic Sexual Assault Casework: Pros and Cons Compared to Standard Methods

Sexual assault samples are among the most frequently analyzed in a forensic laboratory. These account for almost half of all samples processed routinely, and a large portion of these cases remain unsolved. These samples often pose problems to traditional analytic methods of identification because they consist most frequently of cell mixtures from at least two contributors: the victim (usually female) and the perpetrator (usually male). In this study, we propose the use of current preliminary testing for sperm detection in order to determine the chances of success when faced with samples which can be good candidates to undergo analysis with the laser microdissection technology. Also, we used laser microdissection technology to capture fluorescently stained cells of interest differentiated by gender. Collected materials were then used for DNA genotyping with commercially available amplification kits such as Minifiler, Identifiler Plus, NGM, and Y‐Filer. Both the methodology and the quality of the results were evaluated to assess the pros and cons of laser microdissection compared with standard methods. Overall, the combination of fluorescent staining combined with the Minifiler amplification kit provided the best results for autosomal markers, whereas the Y‐Filer kit returned the expected results regardless of the used method.     

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 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.     

Hospital Wet Mount Examination for the Presence of Sperm in Sexual Assault Cases is of Questionable Value

Many protocols for the examination of sexual assault victims include the preparation of vaginal wet mount slides to determine whether sperm are present and if so, whether the sperm are motile. We have reviewed findings in 501 case reports to compare the efficiency of sperm detection on wet mounts to subsequent crime laboratory results of sperm searches on vaginal swabs. Sperm were detected on wet mounts in only 41% of cases in which sperm were detected in the crime laboratory. Motile sperm were observed in only 12% of cases reporting a 0–9 h postcoital interval; in three cases, motile sperm were seen at 15 h and beyond, indicating that motile sperm are not reliable evidence of a short postcoital interval. These findings demonstrate that wet mount examinations are of little value in guiding subsequent analyses in the crime laboratory or in corroborating other investigative aspects of the case.     

Comparing Standard and Selective Degradation DNA Extraction Methods: Results from a Field Experiment with Sexual Assault Kits,

A growing number of U.S. cities have large numbers of untested sexual assault kits (SAKs) in police property facilities. Testing older kits and maintaining current case work will be challenging for forensic laboratories, creating a need for more efficient testing methods. Methods: We evaluated selective degradation methods for DNA extraction using actual case work from a sample of previously unsubmitted SAKs in Detroit, Michigan. We randomly assigned 350 kits to either standard or selective degradation testing methods and then compared DNA testing rates and CODIS entry rates between the two groups. Results and conclusions: Continuation‐ratio modeling showed no significant differences, indicating that the selective degradation method had no decrement in performance relative to customary methods. Follow‐up equivalence tests indicated that CODIS entry rates for the two methods could differ by more than ±5%. Selective degradation methods required less personnel time for testing and scientific review than standard testing.     

Distinguishing Between Damage to Clothing as a Result of Normal Wear and Tear or as a Result of Deliberate Damage: A Sexual Assault Case Study

Abstract:  This paper focuses on bra damage, specifically damage observed in hook and eye fasteners that are generally located at the backstraps of bras. We describe bra design including the method by which hook and eye fasteners are generally constructed. We assess bra damage in two situations where the damage observed was unexpected given the case scenarios. These were: (i) the complainant of an alleged rape attributed damage to her bra hooks to force during a struggle and (ii) the complainant had earlier manipulated her bra hooks in an incident not related to her complaint. Steriomicroscopy and reconstruction experimentation were necessarily used to assess the bra damage. A systematic approach to damage analysis was employed by the forensic practitioners to correctly identify damage as being a result of mechanical manipulation and therefore as falsified. This paper suggests that more examples of falsified damage should be documented.     

Contribution to the Development of Guidelines in the Analysis of Biological Evidence in Sexual Assault Investigations

This investigation intends to study materials and techniques used for biological evidence collection in sexual assault cases and is divided into two stages: in stage one, methods for biological evidence collection (the single swab (including three variants) and the “double swab technique”) were compared; in stage two, swabs’ component material was compared. The sampling was composed of 42 heterosexual couples who provided mock samples. The collection methods in which the whole swab is covered by evidence presented significantly better outcomes (p < 0.001), such as the “double swab technique.” Additionally, nylon swabs proved to present significantly better features regarding the capacity of sample elution, providing significantly higher amounts of DNA (p ≤ 0.034). This study provides guidelines for better collection of biological evidence regarding the collection method using a swab and the proper swab material to utilize.     

Factors Influencing the Filing of Complaints,Their Investigation,and Subsequent Legal Judgment in Cases of Sexual Assault

In Geneva, examination of victims of sexual assault is performed by a gynecologist and a medical examiner. 48% of the victims file a complaint and we wanted to investigate the factors leading to file a complaint, those leading the Prosecutor to go to trial, and those influencing a conviction. Between 2006 and 2012, 676 victims of sexual assault were investigated (averaged age 26 year, mean 22). Information on injuries, perpetrators, and circumstances of the assault was collected and analyzed. The attacker being the ex‐spouse or a friend and the presence of semen were factors leading to file a complaint. The assailant being a family member or ex‐spouse and the presence of genital/anal lesions were factors influencing the Prosecutor. The presence of nongenital lesions, the assailant being known by the victim, influenced conviction. This study shows that the medical examiner plays a vital role in the investigation of cases of sexual assault.     

Alcohol and Parasomnias: The Statistical Evaluation of the Parasomnia Defense in Sexual Assault,Where Alcohol is Involved

Sleep sex may be a defense for alleged sexual assault. The International Classification of Sleep Disorders (ICSD3) states: “Disorders of arousal should not be diagnosed in the presence of alcohol intoxication… The former [alcohol blackouts] are exponentially more prevalent.” A panel member of ICSD3, quoting ICSD3 asserts: “alcohol intoxication should rule out a sleep-walking defense”. This implies extremely strong support for a prosecution hypothesis (H_p) over a defense hypothesis (H_d). I use Bayesian methodology to evaluate the evidential probity of alcohol intoxication. The likelihood ratio, LR, measures the amplification of prior odds of guilt, . By Bayes' theorem, . I use data from cross-sectional studies of sexual assault and prevalence of alcohol use, in college students, with data from longitudinal studies, and data from the epidemiology of parasomnias to evaluate LR (alcohol). LR ~1.5 or 5, depending whether alcohol does, or does not, increase the risk of parasomnias. The proposition of extremely strong support for H_p implies a LR ~1,000,000, so the proposition in ICSD3 is not supported by formal analysis. The statistical reasoning in ICSD3 is unclear. There appears to be inversion of the Bayesian conditional (confusing intoxication given assault, and assault given intoxication) and failure to evaluate alcohol intoxication in H_d. Similar statistical errors in R. v Sally Clark are discussed. The American Academy of Sleep Medicine should review the statistical methodology in ICSD3.     

A State Census of Unsubmitted Sexual Assault Kits: Comparing Forensic DNA Testing Outcomes by Geographic and Population Density Characteristics*

A growing number of U.S. cities and states have large numbers of unsubmitted sexual assault kits (SAKs) in police property facilities. Prior research conducted in large urban cities has found that testing these kits yields a sizable number of DNA profiles that meet FBI eligibility for upload to the national criminal DNA database CODIS (Combined DNA Index System) and uploaded profiles return a substantial number of matches to existing criminal profiles in CODIS. It is unknown whether these findings are unique to large urban cities with high crime rates. The purpose of current study was to document forensic testing outcomes from a state census of previously unsubmitted SAKs, which included large urban–suburban centers, as well as smaller cities and rural counties. We inventoried all previously unsubmitted SAKs in Michigan (N = 3422 SAKs) and submitted all kits for forensic DNA testing. A total of n = 1239 SAKs had a DNA profile that met eligibility for upload into CODIS (36.2% unconditional, 56.5% conditional CODIS eligible rate) and n = 585 SAKs yielded a CODIS Hit (17.1% unconditional, 47.2% conditional CODIS hit rate). These rates are consistent with studies from urban areas suggesting approximately half of SAKs tested yield a CODIS profile and approximately half of those uploaded profiles yield a hit. We compared SAK forensic testing outcomes by geographic and population density characteristics, and although rates were often higher in larger metropolitan areas, the obtained rates in micropolitan and rural areas suggest testing is warranted in smaller jurisdictions as well.     

Interprofessional and interagency training for working with young people with harmful sexual behaviours: An evaluation of outcomes

Abstract

This study evaluates the outcomes of short interagency training courses provided by six Local Safeguarding Children Boards in England. The aim was to develop practical skills in recognising and responding to the needs of children with harmful sexual behaviour in an interagency context. The courses all employed interactive learning and teaching methods as well as presentations of case studies, research findings and statutory guidance. Professionals (n=147) from a range of agencies participated in the evaluation. Their attitudes, knowledge and self-confidence were assessed using a specially designed 20-item self-report scale. Scores at registration 6 weeks in advance and at the start and end of the course were compared in a double-baseline, time–series design. There was strong evidence of overall improvements in scores on most of the scale items, which are attributable to the course. However, concerns are also raised about the small numbers of criminal justice professionals participating compared to child welfare professionals.     

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.     

Extreme cases and the criminal justice system: responses to a traumatic sexual assault in India

ABSTRACT

This paper addresses criminal justice responses that came on the heels of a traumatic sexual assault in public space in India. The incident referred to as “Nirbhaya,” drew attention to the nation as well as the world the violence against women who on the one hand find themselves in public spaces designed for all denizens in this globalised world, yet, subject to sexploitation and devoid of safeguards and equal protection. In this paper we catalogue modifications to Indian criminal justice as a result of the Nirbhaya case to illustrate how extreme events help drive changes to the system in a large democracy, yet an economically developing one. More specifically, we address changes that have been incorporated in criminal laws, police procedures, and crime prevention efforts, as well as assess the degree to which these efforts have been effective.     

Implicit judgments of rape cases: an experiment on the determinants and consequences of implicit evaluations in a rape case

Implicit evaluations reflect people’s gut response toward an attitude object and are based on associative processes. They are the starting ground for more reflective processes and subsequent explicit evaluations. The present research examined determinants and consequences of implicit evaluations in a rape case. Situational (i.e. specifics of the rape case) and personal factors (i.e. rape myth acceptance) were demonstrated to influence both explicit and implicit judgments of the rape case. Moreover, sex of participant influenced participants’ implicit evaluations but affected explicit judgments only indirectly via the implicit evaluation. People’s gut response was shown to affect their explicit judgment of the case, and this effect was particularly pronounced for people with a low need for cognition (i.e. people who do not like to engage in effortful processing). The discussion focuses on the role of implicit cognition and implicit biases in judicial decision-making.     

Talking Heads and Bleeding Hearts: Newsmaking, Emotion and Public Criminology in the Wake of a Sexual Assault

Using our own experiences in attempting to ‘do’ public criminology in the wake of a violent sexual assault on our campus, we offer a critique of the emerging public criminology framework. Focusing specifically on tensions between fact and emotion and representations of expertise in the news media, we argue for a greater respect for emotional responses to crime in moving the public criminology agenda forward. We suggest that if public criminology sets as its goal educating the public about crime with an eye towards injecting a counter/critical discourse into ‘get tough’ crime control policies, then public criminologists need to recognize and take seriously the public’s emotions rather than negate them. Drawing on the work of Ahmed (The cultural politics of emotion. Routledge, London, 2004), we suggest that the role of the expert is not to simply inform citizens of the ‘facts’ about crime, but to establish—through emotions—the relationship between themselves and the imagined criminal Other (Young in Imagining crime: Textual outlaws and criminal conversations. Sage Publications, London, 1996). Thus, alongside trying to convince the public to be more ‘rational’ when it comes to crime, critical criminologists must start to accept people’s fear and anger as legitimate reactions and try to redirect these emotions toward more productive ends.