The ‘Usual Suspects’

Abstract

A key issue in contemporary criminology is the role that social status, and particularly race, plays in legal processes. Previous research suggests that criminal justice proceedings-including arrest, conviction, and sentencing rates-are influenced by victim and offender race, but rarely examines the role of race in reporting events to the police. The following research uses data from the rape sub-sample of the National Crime Victimization Survey of households 1992-2001; logistic regression analyses are conducted to determine how victim and offender race influence reporting of rape to the police, controlling for other incident characteristics. The findings suggest that rapes with a Black perpetrator are much more likely to be reported to police, regardless of whether the victim is white or Black.     

Characteristics associated with rape attrition and the role played by scepticism or legal rationality by investigators and prosecutors

Abstract

This paper reports a multidimensional scaling analysis of features associated with rape attrition by identifying key aspects of the rape that are associated with loss of cases at the stages of police investigation, prosecutors’ considerations and in court. The research utilized a case-file analysis (n=105) consisting of all rapes reported to one division within a large UK urban police force by females over the age of 16 from April 1998 to April 2003. In addition, interviews were conducted with police officers and Crown Prosecutors to explore their understanding of the reasons why attrition occurs. The findings illustrate the extent to which prejudicial attitudes and legal logic influence police officers’ and solicitors’ modes of thinking and subsequently influence decisions for rape cases to proceed to court. Methodological and practical issues are considered.     

Credibility of the emotional witness: A study of ratings by police investigators

Abstract

Credibility judgments by police investigators were examined. Sixty-nine investigators viewed one of three video-recorded versions of a rape victim's statement where the role was played by a professional actress. The statements were given in a free recall manner with identical wording, but differing in the emotions displayed, termed congruent, neutral and incongruent emotional expressions. Results showed that emotions displayed by the rape victim affected police officers’ judgments of credibility. The victim was judged as most credible when crying and showing despair, and less credible when being neutral or expressing more positive emotions. This result indicates stereotypic beliefs about rape victim behavior among police officers, similar to those found for lay persons. Results are discussed in terms of professional expertise.     

Rape Co-occurrence: Do Additional Crimes Affect Victim Reporting and Police Clearance of Rape?

Despite the increased research attention given to rape and violence against women, little is known about rape co-occurrence, or rape incidents that involve another crime. Although previous research has found certain incident characteristics increase the likelihood that a victim reports her rape to police and that the offender is arrested and prosecuted, the relationship between co-occurrence and these responses is unknown. Given this gap in the literature, the main goal of the present research is to provide an initial understanding of rape co-occurrence and its effect on victim reporting and police clearance. To explore these issues, this study uses two national data sources that collect the requisite incident-level information: the National Crime Victimization Survey and the Uniform Crime Reporting Program’s National Incident-Based Reporting System. Few rapes are found to co-occur with other crimes. When rapes do occur with other crimes, though, they are more likely than solo-occurring rapes to involve weapons, strangers, additional injury to the victim, and multiple offenders. Rapes that co-occur also are more likely to be reported to police and cleared by police than rapes that occur with no other crimes.

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.     

We mind and we care but have things changed? Assessment of progress in the reporting,investigating and prosecution of allegations of rape

Abstract

This paper discusses three themes in relation to assessing progress in the Criminal Justice System's (CJS) ability to investigate and successfully prosecute rape. The themes are business as usual, the justice gap and implementation problems. They arose as a consequence of two discussion papers in this volume by Kate Cook and Jan Jordan, who take positions of optimism and pessimism with respect to improvements for rape victim survivors after a series of reforms and changes in police and prosecution procedures. The stimulus for these papers was the latest review in England and Wales into the CJS's approach to rape conducted by Baroness Stern (2010). The present paper observes that the lack of systematic evaluative research makes it difficult to assess whether innovations in the CJS with respect to rape have been effective or to partial out the relative contribution law reform and changing police or prosecution practice may have made to reporting and conviction rates. Finally, it is suggested that intensification of effort to fully implement review recommendations may achieve limited improvement because of the characteristics of an adversarial legal model.     

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.     

108例强奸案件的法医学分析

本文通过对108例强奸案件的分析,从法医学角度探讨了与强奸犯罪相关的一些因素,并提出:加害人与被害人自身素质与强奸案件的发生有关;法医学证据在强奸案件中具有不可替代的作用;及时报案能获取更多的法医学物证;研究犯罪动机有助于预防和减少强奸案件。     

Multiple perpetrator rape: Naming an offence and initial research findings

Abstract

Multiple perpetrator rape presents a significant problem nationally and internationally. However, previous research is limited and findings are often contradictory. The details of 101 rape allegations recorded in a six-month period in a large police force in England were analysed. Findings are presented about case classification, victim and perpetrator characteristics, approach and assault location, perpetrator group composition and victim targeting. The discussion of the findings is used as a basis to explore the pitfalls and benefits of the established naming and definition of this offence. Local and colloquial terms (e.g. “gang bang” and “streamlining”) as well as academic terminology (e.g. “group” and “gang” rape) are considered. The paper concludes by proposing an overarching term “multiple perpetrator” rape that allows a series of subtypes to be developed both locally and transnationally.     

Social workers' and police officers' perception of victim credibility: Perspective-Taking and the impact of extra-Evidential factors

Abstract

The credibility of a victim can be influenced by factors that objectively should not have any impact on the judgemental process. The present two studies examine the influence of two such factors: (1) the non-verbal behavior of the victim, and (2) the ethnic identity of the victim, in the context of two different perspectives of observation (victim focused or truth detecting). Study 1 focused on perspective taking, and was included for the methodological reason that in Study 2 perspective taking was necessarily confounded with subject gender. Study 1 indicates that the perspective of the observer has a significant influence on the perceived credibility of the victim and the interpretation of non-verbal behavior. In Study 2 perspective-taking was manipulated more realistically by including a sample of social workers and of police officers. The other two factors were manipulated in the videotapes. Results suggested that the white victim exhibiting white non-verbal behavior, judged by a social worker, is perceived as more credible and has less chance of secondary victimisation. The black victim however, exhibiting black non-verbal behavior, who is judged by a police-officer, is perceived as least credible and runs a higher chance of secondary victimisation.     

What constitutes a “reasonable belief” in consent to sex? A thematic analysis

Abstract

The prosecution of rape frequently requires a jury to decide whether the defendant reasonably believed that the complainant consented to sexual intercourse, thereby assuming a shared understanding of what constitutes a “reasonable belief in consent”. This study provides a thematic analysis of interviews with 18 university students, studying in London, UK, to explore their perceptions of “a reasonable belief in consent” when considering other people's behaviour. The findings suggest that whilst these participants rejected many stereotypical ideas in judging reasonable belief in consent, the discussion regarding vulnerability, responsibility and the consumption of alcohol was less clear-cut. Discussions frequently sought to avoid directly blaming the victim for being raped, but would instead blame her for getting drunk or otherwise “allowing” herself to become vulnerable. The implications of these findings for the prosecution of rape and wider public education are considered.     

Gateway to Reform? Policy Implications of Police Officers’ Attitudes Toward Rape

Research has shown that prosecutors rely more heavily on victim characteristics and other extralegal factors than on criteria set forth by the law, when evaluating the merits of a rape case. Little is known, however, about the factors police officers use when assessing the merits of a rape case. The current study contributes to what is known about police officers’ attitudes toward rape. A survey was administered to 891 sworn police officers in two states in the southeastern United States. The surveys were designed to assess police officers’ acceptance of rape myths. Police officers who accept more rape myths were less likely to believe victims who did not adhere to the stereotyped “genuine victim.” This research contributes to what is known about the factors affecting police officers’ decision-making in rape cases. This study has implications for assessing the effectiveness of rape law reforms, inasmuch as these reforms are conveyed through police work.     

Police Response to Crime

Abstract

Based on victim accounts provided by the National Crime Victimization Survey from 1992 to 1999, this paper examines issues related to police responses to reported incidents of assault, robbery, and rape. The primary goal was to determine the extent to which victim and offender race influence police responsiveness at various stages of the criminal justice system. The data indicate that overall, police exert more effort when victims are white. They arrive faster at the scene of the crime, and demonstrate more follow-up effort after the crime has taken place. However, they do not exert more, or less effort, during their initial visit to the crime scene, when there is proximate contact with the victims. This suggests that contextual factors may affect the penchant for discrimination. This relationship held even after controlling for other factors such as poverty, weapon use, injury to the victim, and location.     

Police Responses to Sexual Assault Complaints: The Role of Perpetrator/Complainant Intoxication

This study explored the impact of victim and perpetrator alcohol consumption on police officers' evaluations of an alleged sexual assault and their reported likelihood of charging the perpetrator. Two hundred and twelve police officers were presented with a vignette depicting an acquaintance rape in which the beverage consumption (beer, cola) of both the victim and perpetrator was systematically varied. Results indicated that the officers' perceptions of the complainant's intoxication level, as well as the gender of the officer, influenced officers' evaluations of the alleged sexual assault. The more intoxicated the complainant was perceived to be, the more negatively she was viewed. Female police officers evaluated the victim more favorably than male officers. The only factors related to the officers' likelihood of charging the perpetrator, however, involved their assessment of the complainant's credibility and their perception of the likelihood that the perpetrator would be found guilty in a court of law.     

Qualification and Disqualification in Rape Cases

Between 1946 and 1950, the police in Stockholm interrogated almost 150 men about their involvement in alleged rapes and attempted rapes. The results of these investigations eventually led to seventeen prosecutions and eleven convictions. It was not easy to convict someone of rape. However, a consequence of the way the court operated was also that only certain men could be convicted, only certain women regarded as reliable witness, and only certain kinds of attack regarded as plausible. The question of whether the alleged crime was considered possible to prove was dependent upon who reported whom for what. For the complainants it was a matter of qualifying for inclusion within the protection of the law. But what appeared as a rejection of someone's credibility, was in actual fact a result of a prior rejection of the individual's person and character. From the point of view of the legal system, some individuals were more fitted than others for the role of credible victim or likely offender. The sexually immoral woman and the man at the mercy of his sexuality were both in danger of having their credibility questioned: the former a poor victim and the latter all too suitable an offender.     

Alcohol Consumption and Females’ Recognition in Response to Date Rape Risk: The Role of Sex-Related Alcohol Expectancies

This study examined the pharmacological and psychological effects of alcohol on women’s recognition of and response to dating sexual aggression. Female participants completed measures of prior sexual victimization experiences, sex related alcohol expectancies, general alcohol expectancies, and drinking habits. Using a 2 (alcohol) × 2 (expectancy) balanced placebo research design, women were exposed to an audiotape date rape vignette and asked to press a button when the man’s sexual advances had gone to far. Upon pressing the button, the tape was stopped and participants were instructed to imagine themselves in the same situation and generate a response describing what they would say and/or do at that point. Results indicated that although alcohol and expectancy were not related to risk perception, individuals who consumed alcohol displayed significantly less resistant role play refusals. A significant interaction between expectancy set and pre-existing sex-related alcohol expectancies was observed indicating participants believing alcohol affects sexual behavior generated less resistant refusal responses when they expected to receive alcohol. Moreover, for those who expected to receive alcohol, stronger pre-existing sex-related alcohol expectancies predicted less resistant refusal responses over above the effects of blood alcohol level and general alcohol expectancies. The implications of these findings are discussed.     

Attributions of responsibility,blame and justifiability to a perpetrator and victim in an acquaintance rape scenario: the influence of Marijuana intoxication

Abstract

Marijuana is a commonly used illicit drug by young adults and has been implicated in about one third of sexual assaults. However, the influence of Marijuana intoxication on rape attributions has not been previously investigated. This study examined the effects of perpetrator and victim Marijuana intoxication and participant sex on rape attributions. Young adults (N = 285) read an acquaintance rape scenario where Marijuana intoxication was manipulated and completed measures of perpetrator (responsibility, blame and justifiability) and victim attributions (responsibility and blame). The results revealed that an intoxicated, compared to sober, perpetrator was attributed less responsibility for his sexual aggression. When the victim was intoxicated, compared to sober, the perpetrator and victim were attributed less and more blame for the assault, respectively. These findings demonstrate that, irrespective of perceiver sex, Marijuana intoxication, like alcohol intoxication, results in an attributional double standard in favour of the perpetrator.     

An Interactional Perspective of Intimate Partner Violence: An In-depth Semi-structured Interview of a Representative Sample of Help-seeking Women

This article reports a study of women victimized by intimate partner violence (IPV). We describe three interactional aspects of IPV: (1) responses and conduct before, during, and after IPV episodes, (2) impact of alcohol and drug intoxication, and (3) Predictors of risk for IPV victimization in more than one partnership. A representative sample of 157 help-seeking women, recruited from family counseling offices, the police and shelters, were interviewed about physical, psychological and sexual IPV. The nature and characteristics of the IPV interactions were complex and heterogeneous. There were significant interactional differences between the IPV categories concerning the women’s responses and conduct before, during and after the IPV. The impact of alcohol and drug intoxication was relatively small on the occurrence of IPV. About 75% reported that neither the perpetrator nor the female victim had consumed alcohol or drugs before the index IPV exposure. Only 23% of the women had experienced IPV by previous partners. Women who had been subjected to sexual abuse in their family of origin were at almost 25 times increased risk of IPV victimization in more than one partnership. Childhood exposure to physical IPV between parents increased the risk of IPV victimization in more than one partnership significantly more than if the woman had been subject to childhood physical victimization.