Differentiating sexual violence: A comparison of sexual homicide and rape

Abstract

The present study sought to identify consistent patterns in the actions of sexually violent offenders to determine whether sexual homicide and rape reflect different behavioral emphasis of a single thematic model of sexual assault. Crime scene behaviors of 74 (37 sexual homicides and 37 rapes) solved cases of sexual assaults were compared, and results of a multi-dimensional analysis revealed three thematic styles of interacting with the victim during a sexual assault (Exploit, Control, and Violent). Further analysis indicated that offender–victim interactions in sexual homicide and rape are predominantly distinguished by the degree of violence, such that behaviors associated with each type of offense were found to occur in two discrete areas along a single continuum. Findings are discussed in terms of producing a general framework for understanding sexual violent interactions.     

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.     

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.     

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.     

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.     

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.     

Stranger and acquaintance sexual assault of adult males

This study examined victim and assault characteristics and the nature and extent of coercion, violence, and physical injuries among adult male victims of sexual assaults. Client records of three groups presenting to a sexual assault care center were included: males assaulted by a stranger (n = 64), males assaulted by an acquaintance (n = 81), and females assaulted by an acquaintance (n = 106). Study results revealed that male victims of sexual assault tended to be young, single men who reported high rates of vulnerabilities such as homelessness and physical, psychiatric, and cognitive disabilities. Male stranger assailant victims were more likely to experience assaults involving weapons and physical violence. Injuries sustained by victims and services delivered at the sexual assault care center were similar for both male and female clients. The results of this study reveal new information about violence in male sexual assaults and the vulnerability of the male victims.     

Reversing the historical tide of iatrogenic harm: A therapeutic jurisprudence analysis of increases in arrests of domestic batterers and rapists

Therapeutic jurisprudence (TJ) proposes that the law is a social force that can heal or cause harm to parties in a legal action. Historically, women victims of intimate partner rape and domestic violence could not seek justice in the legal system because police, like other actors in the justice system, treated these offenses as private matters or fabrications. In domestic violence and intimate rape cases, TJ is concerned with the needs of the victims, and how the law and police play a role in increasing their well-being. In this article, we use a TJ approach to the study of police responsiveness to victims of these offenses by investigating arrests of the offenders pursuant to law reforms that encourage or mandate arrest. Given that in these offenses, victims have the lowest reporting rates of any violent crime, the victim decision to call the police represents an expectation that the mere physical presence of a police officer may redefine the nature of the violence from a private conflict to a societal wrong that will not be tolerated. Police partnership with and treatment of the victim with respect and dignity can change the dynamics of the violence, terminate the violence, and set the criminal justice process in motion by arresting the offender in most cases. Police arrest, and subsequent prosecution and conviction, sends a message to offenders that society does not tolerate their violence, and allows the victim to begin to heal. Yet, past research indicates that police are less likely to arrest intimates than acquaintances and strangers in misdemeanor and aggravated assault, rape, and sexual assault cases. Using the National Incidence Reporting System (NIBRS) for the year 2000, we examine police arrests of intimate partner rape and domestic violence in jurisdictions with mandatory and presumptive arrest policies compared to police arrests in full discretion jurisdictions. We also ascertain whether arrest rates are higher for strangers and acquaintances than for intimates in misdemeanor and aggravated assault, kidnapping, and rape and sexual assault. Third, we determine whether police arrests of intimate partner rape is more likely if there is evidence of violence, injury to the victim, and use of a weapon. Our multivariate findings suggest that both the rape and the domestic violence reform movements have reversed the tide of historical negative treatment of female victims of these offenses. Logistic regression analysis indicates that police agencies in mandatory and preferred arrest jurisdictions increase the odds of arrest for domestic violence incidents and violations of orders of protection, compared to police agencies in jurisdictions with permissive/discretionary arrest policies. In addition, intimate violence increases the odds of arrest by 98%; forcible rape accompanied by simple assault or kidnapping increases the odds of arrest by 467 and 222%, respectively whereas forcible fondling accompanied by simple assault increases the odds of arrest by 293%. We discuss the implications of our findings for future law reform as well as TJ.     

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.     

“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.     

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.     

When is an assault not an assault? The Canadian public's attitudes towards wife and stranger assault

There is no distinction in the Canadian Criminal Code between assaults committed on strangers and assaults of spouses. Traditionally, however, wife assault has been considered a private affair, and it has been argued that this attitude continues to be reflected in the police response to domestic disputes. In this study of 240 adults'written responses to assault scenarios, the victim-offender relationship produced variations in ratings of seriousness, in the relative amounts of blame attributed to the victim and offender, and in the recommended police response. In general, nondomestic recidivist offenders tended to be treated most harshly by the subjects, as did offenders who assaulted their victims inside a private house. Additionally, female subjects gave higher ratings of seriousness of the offense, and considered future violence by the offender to be more likely, than did male subjects. The findings are explained in terms of the subjects' ability to identify with the offender, although the decision-making process in judging cases of assault is evidently complex. The implications of these findings for police officers with discretionary powers are considered.

     

Bimodal distribution of violent assaults

The aim of the present study was to investigate the relationship between the number of injuries inflicted on victim during violent assault and other variables, characterizing the offender and the assault. The study is based on all the cases that were processed at the City Court of Tallinn, Estonia in 1986 and 1996. The number of assault-related injuries caused to the victim in Tallinn, Estonia, for 1986 and 1996 revealed bimodal distribution. About 2/3 of the assaults resulted in 1-5 injuries, in 1/3 of the cases the number of inflicted injuries was 10 or higher, with only a relatively small number of injuries in between. This distribution pattern was stable over the 10-year interval between the observations and was invariant to alcohol intoxication, consequences, and reasons for the assault. Comparison of the offenders' criminal record during the 15-year follow-up period showed that recidivism was more common among those who had committed a multi-injury assault as their first offence. The evident distribution of assaults into few- and multi-injury groups and the fact that the number of injuries caused during the first offence is a more reliable criterion for predicting the further criminal record of the offender than the consequences of the assault suggest that there are two discrete types of behaviour determined by a set of variables characteristic of the offender's psychology.     

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.     

Police response to physical assault and stalking victimization: A comparison of influential factors

The current study uses the National Violence Against Women Survey to examine factors associated with criminal justice system involvement in incidents of male physical violence and stalking against women. While both stalking and physical domestic assault incidents are more likely to be reported to the police if the victim is female or if the offender has used threats, only physical domestic assaults are less likely to be reported to the police when the offender is familiar. Additionally, when considering formal police responses, there are very few similarities across the models for physical domestic assault and stalking. These findings show that physical domestic assault and stalking are two unique types of crimes and should be considered separately in any analysis of factors affecting legal decisions and responses to domestic violence.     

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.     

Disentangling the Effects of Self-Protective Behaviors on the Risk of Injury in Assaults Against Women

Using data from the National Crime Victimization Survey, this paper attempts to disentangle the effects of self-protective behaviors on the risk of injury in assaults against women. Unlike previous research, in this study we address simultaneously three important conceptual and methodological issues: (1) type of self-protective behavior, (2) temporal sequencing of self-protective behavior in relation to injury, and (3) the victim/offender relationship. Results indicate that even after controlling for other contextual characteristics of an assault, the probability of a woman being injured was lowest when she employed non-physical resistance strategies such as arguing or reasoning with the offender. This was true for all types of offenders. However, for assaults involving intimates, the probability of injury was increased for women who physically resisted their attackers.