The genuine victim and prosecutors’ charging decisions in sexual assault cases

This study examined the effect of victim characteristics and evidence factors on prosecutors’ decisions to file charges in sexual assault cases. Social scientists and legal scholars argue that sexual assault case processing decisions are affected by stereotypes of real rapes and genuine victims. They assert that complainants whose backgrounds and behavior conform to the image of a genuine victim will be taken more seriously, and their allegations treated more seriously, than complainants whose backgrounds and behavior are at odds with this image. We used a sample of arrests for sexual assault made by the Detroit Police Department in 1989 to test these assertions. We combined six victim characteristics to create a genuine victim scale, and we examined the effect of this scale, as well as a number of evidence factors, on prosecutors’ charging decisions. We performed separate analyses on cases with child victims and cases with adolescent or adult victims. We found that the genuine victim scale did not influence charging decisions in cases with child victims, but was theonly significant predictor in cases involving adolescent or adult victims. In contrast, none of the four evidence factors affected charging in cases with adult victims, and only one of these factors was related to charging in cases involving children. These findings suggest that prosecutors attempt to avoid uncertainty by screening out sexual assault cases unlikely to result in a conviction because of questions about the victim’s character, the victim’s behavior, and the victim’s credibility. This paper is based on work supported by the National Science Foundation under Grant No. SES-9010826. Points of view are those of the authors and do not necessarily represent the position of the National Science Foundataion.     

The impact of sexual assault history and relationship context on appraisal of and responses to acquaintance sexual assault risk

Although a major predictor of sexual victimization is previous victimization, the mechanism underlying this effect is not well understood. Sexual assault history's impact on appraisal of and responses to sexual assault risk was examined in an experimental analog study. Intimacy with perpetrator was also examined as a potential contributor to appraisal and responses. Young women varying in sexual assault history were randomly assigned to receive a scenario in which type of perpetrator was manipulated (someone just met, friend, date, boyfriend). Respondents appraised the man's actions as sexual interest or assault and indicated intentions to respond (resistance and nonresistance). Sexual assault history did not directly influence appraisal or intended responses but had modest indirect effects on resistance via sexual assertiveness. The primary influence on appraisal and responses was perpetrator intimacy. Women facing advances within a more intimate relationship were less likely to appraise those advances as threatening and less likely to resist.     

Latent profiles among sexual assault survivors: understanding survivors and their assault experiences

Little guidance exists about how to tailor empowerment and resistance sexual assault programming to be responsive to varying groups of women. Using an investigation of 415 college women who completed a self-administered survey about a range of sexually aggressive experiences by a known male assailant, this investigation tested for distinct multivariate profiles of contextual factors among sexually assaulted women to discern how these factors may differentially combine to influence women's vulnerability to sexual assault. We applied latent profile analysis (LPA) to determine meaningful subgroups of women based on interrelationships among factors that contextualize women's vulnerability to sexual assault, including prior victimization, alcohol consumption, relationship expectancies of the assailant, and assertive precautionary habits. LPA established four significantly distinct multivariate profiles of substantively different groups of women. Group difference tests reinforced the findings and aided in group profile interpretations. Implications for the development of tailored resistance and empowerment programs are 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.     

Community characteristics and child sexual assault: Social disorganization and age

PurposeThis study examines the utility of social disorganization theory as an explanation for community rates of child sexual assault. We explore the sources of preteen (<=12) and teen (13-17) sexual assault victimization.MethodsDrawing on 1,172 child sexual assault incidents reported to law enforcement agencies in Orange County, Florida in 2004-2006, the present study assesses whether social disorganization theory can explain variation in amounts of preteen and teen sexual assault across census tracts. Social disorganization is assessed using measures of economic disadvantage, collective efficacy, and social cohesion, along with measures of population density, violent crime and presence of sex offenders in the community, and gender-related socioeconomic standing.ResultsEconomic disadvantage is positively related to the amount of both preteen and teen sexual assault. Surprisingly, immigrant concentration is negatively related to both preteen and teen sexual assault. Housing density is positively related to preteen sexual assault and the presence of registered sex offenders is positively related to teen sexual assault.ConclusionSocial disorganization provides a moderate explanation for community variance in the amount of preteen and teen sexual assault. Also, sources of child sexual assault are different between younger children and older adolescents.     

Account-making and confiding as acts of meaning in response to sexual assault

A study was conducted to compare the interpretive and coping responses of female and male survivors of incest and female survivors of sexual assault by a nonrelative. Twenty-eight persons responded to a questionnaire that asked them to provide an account of the nature of an assault(s), the role of confidants in helping them cope with the assault, how they coped and tried to understand the assault over time, how they felt the assault affected their close relationships, and how they evaluated their current state of recovery. The results for male and female incest groups were similar in revealing great difficulty in coping and in having adult close relationships. These two groups showed more continuing lack of resolution than did the female nonfamilial survivors. The male group of incest survivors showed the greatest overall difficulty. The findings are discussed in terms of the roles of searching for meaning via account-making and confiding as ways of dealing with long-term, major Stressors in people's lives.     

A prospective analysis of sexual assault perpetration: risk factors related to perpetrator characteristics

This study prospectively evaluated perpetrator risk factors for sexual assault perpetration, including peer influences, beliefs and attitudes about sexuality, alcohol use, and token resistance. Perpetration of sexual assault was evaluated at three time periods: pretest, 3-month follow-up, and 7-month follow-up. Retrospective and prospective analyses yielded differential predictors of sexually aggressive behavior. However, perpetration of sexual assault at any particular assessment period was a predictor of perpetration during the subsequent follow-up period. Furthermore, several variables that have previously been demonstrated in the literature to be related to the perpetration of sexual assault were not significant in regression analyses, indicating that these variables may be rendered insignificant when accounting for past perpetration in prospective analyses. These findings may have significant potential impact on development of sexual assault prevention programming with men.     

Perpetrators of sexual assault continuing to have sex with their victims following the initial assault: evidence for evolved reproductive strategies

Among a sample of college students, roughly 30% of the women and 12% of the men reported having been the victim of a sexual assault sometime in their lives. Of the assault victims, approximately 23% of both sexes stated that they had sexual intercourse with their assaulters on at least one subsequent occasion. Female victims of a completed sexual assault were significantly more likely to continue being sexually active with their assailants than were female victims who managed to block the assault, while no such difference was found for male victims. This would imply that some men are using assaultive tactics to secure sex partners beyond a single sexual episode, thereby enhancing their potential reproductive success in evolutionary terms. Also, men who committed sexual assault reported having had more lifetime sex partners than did sexually experienced men with no sexual assault history. Overall, the idea that sexual assault is part of an evolved reproductive strategy is consistent with findings from this study.     

现状、危害与规制：男性罪犯遭受性侵犯问题研究

在我国监狱中,存在男性罪犯遭受性侵犯的现象,这给被害人与社会带来十分严重的危害.我国应当借鉴美国的经验,对性侵犯进行全面的调查,确立"零容忍"政策,建立调查、研究、预防与处理性侵犯问题的领导机制,同时完善被害人寻求救济的机制.     

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.     

Understanding rape and sexual assault: 20 years of progress and future directions

During the past 20 years, researchers have documented the widespread problem of rape in American society. Approximately one in four women are raped in their adult lifetime, which causes severe psychological distress and long-term physical health problems. The impact of sexual assault extends far beyond rape survivors as their family, friends, and significant others are also negatively affected. Moreover, those who help rape victims, such as rape victim advocates, therapists, as well as sexual assault researchers, can experience vicarious trauma. Future research and advocacy should focus on improving the community response to rape and the prevention of sexual assault.     

Latent profiles among sexual assault survivors: implications for defensive coping and resistance

Rape resistance trainings need to prepare women to recognize and resist sexual assault across a range of experiences and contexts. To help address this need, this research used an investigation of 415 college women who completed a survey about their situational responding to an experience of acquaintance sexual assault. A previously established person-centered analysis model of four distinct risk and protective factor profiles was used to investigate the variability in women's responding. The profiling factors included women's prior victimization, alcohol consumption, relationship expectancies of the assailant, and assertive precautionary habits. Multivariate ANOVA was used to test for differences among the four profile groups on their cognitive, emotional, and behavioral responding. Results showed that the profile groups significantly differed in their assault responses. The findings highlight the utility of holistic, multivariate analyses for understanding women's sexual assault responses and help inform tailored resistance and empowerment trainings.     

Social control of sexual assault by physicians and lawyers within the professional relationship: Criminal and disciplinary sanctions

Two penal sanctions may be imposed judicially on physicians and lawyers who are alleged to have sexually assaulted their patients and clients. Appellate opinions in each state reporting such a case were examined from 1980 through June, 1993, and generalizations from those opinions are reported here. In each profession, the administrative/disciplinary sanction imposed by the professional association may offer a stronger means of social control than does the criminal sanction. The efficacy of the disciplinary sanction, relative to the criminal, is attributable to the facts that the burden of proof is easier to meet and defenses commonly raised in sexual assault cases are not available in disciplinary proceedings. The significance of this pattern is discussed in relation to Black’s theory of the behavior of law, specifically with respect to the manner in which the style of social control is influenced by stratification, the relational distance between the parties, and organization. An earlier version of this article was presented at the National Conference on Ethics and the Professions, Gainesville, Florida, January 31, 1992. The author extends thanks to colleagues and the anonymous reviewers for their comments on an earlier draft.     

Blood grouping in a sexual assault case: criteria and methodolgy for genetic marker analysis

A sexual assault case was received in the laboratory. Upon examination, a small bloodstain was located on a bed sheet that was recovered from the defendant's motel room. Typing the whole blood samples from the defendant and the victim revealed that both blood samples exhibited identical phenotypes in eleven different genetic markers. Gm(1) and Gm(2) analysis was then performed on the two whole blood samples which provided discrimination between the two parties.     

Sexual crime and place: The impact of the environmental context on sexual assault outcomes

Purpose

Using the rational choice perspective, the current study investigates the impact that the environment and offending behavior have on serial sexual crime event outcomes.

Methods

The effects of time and place factors, as well as offender modus operandi strategies, on sexual crime event outcomes are tested using Generalized Estimating Equations on a sample of 361 crime events committed by 72 serial sex offenders.

Results

Time and place do impact serial stranger sexual offenders’ modus operandi strategies, but the place characteristics of the crime have more of an effect on the offender’s behavior than do the temporal conditions during which the event occurs. Subsequent analyses indicate that temporal and place factors, as well as offender modus operandi strategies, predict whether the offender completes the rape, his reaction to victim resistance, and the level of physical force that he inflicts on the victim, but not whether the victim is forced to commit sexual acts on the offender.

Conclusions

Serial stranger sexual offenders are effective decision-makers who adapt their strategies to the physical environment in which they commit their crimes, but their degree of rationality can vary as some outcomes are more dependent on the context than the offender and his actions.     

Forensic medical expertise of injuries in the anorectal region and rectum related to the sexual assault

Injuries to the anorectal region and rectum associated with sexual crimes require forensic medical assessment even though this issue remains to be poorly developed. The results of 84 forensic medical expertises are presented based on the materials obtained by examining both women and men who applied with complains of sexual abuse (anogenital penetration) to the Primorskoye territorial Bureau of forensic medical expertise during 5 years, from 2005 to 2009. The study has demonstrated correlation between dynamics of applications of the victims of either sex and the lack of a tendency toward a decrease in their frequency. The signs characteristic of acute injuries and chronic conditions are described. The causes of diagnostic errors during forensic medical expertise of sexual abuse are discussed.     

Counseling services for battered women: a comparison of outcomes for physical and sexual assault survivors

Approximately 15% of married or cohabiting women and as many as 60% of battered women are raped at least once by their partners. This study compared community-based counseling outcomes of battered women with outcomes of women who were both raped and battered by their partners. Over time, both groups improved in wellbeing and coping. Although those both battered and raped progressed more in counseling, they had lower scores before and after counseling compared to women who were battered only. Implications for research and intervention are discussed.     

Circumstances surrounding male sexual assault and rape: findings from the National Violence Against Women Survey

Much work in the area of male sexual assault and rape relies on small clinical samples. From these samples, researchers reported that most male victims were physically injured during the attack and that penetration occurred. This work rests on a subsample of 219 men from the 1994-1996 Violence and Threats of Violence Against Women and Men in the United States Survey. Findings from the National Violence Against Women Survey (NVAW) show that the vast majority of male sexual assault victims reported that they were not physically injured during the assault, that a weapon was not used, that there was no substance use at the time of the assault, and that penetration did not occur. Only 29% of male respondents in the NVAW sought medical or psychological help after the assault. Prior work may have overrepresented men who reported being physically injured and/or penetrated. An analysis is presented of how those who presented for help in the NVAW differ from the whole sample. Results show that men who presented for help were more likely to have reported being physically injured during the assault and that penetration occurred. Thus, findings from prior work make sense; however, they may not be representative of male assault victims as a whole.