Legal aspects of sexual violence--does forensic evidence make a difference?

A survey was done of 307 alleged victims of sexual violence reported to the police departments in Greater Aarhus, Denmark, in 1999-2004. The legal disposition was ascertained and related to victim and assault characteristics together with the forensic medical and laboratory findings. The police pressed charges in more than half of the cases and 11% turned out to be false allegations. Nineteen percent of all cases ended with sentencing of the defendant. Sperm was detected in 35% of the examined and analysed cases, and in 46% consumption of alcohol prior to the assault was reported. Information in the forensic report regarding injury documentation, intoxication, and detection of sperm and DNA match between victim and alleged assailant did not aid in the prosecution of the case. Severe coercion used by the assailant increased the likelihood of conviction. Intoxication estimation and sperm detection suffered from low sensitivity compared with laboratory analyses. Results suggest the need for new research and optimising the sexual assault examination protocol to strengthen the legal impact of forensic evidence.     

Legal aspects of sexual violence—Does forensic evidence make a difference?

A survey was done of 307 alleged victims of sexual violence reported to the police departments in Greater Aarhus, Denmark, in 1999–2004. The legal disposition was ascertained and related to victim and assault characteristics together with the forensic medical and laboratory findings. The police pressed charges in more than half of the cases and 11% turned out to be false allegations. Nineteen percent of all cases ended with sentencing of the defendant. Sperm was detected in 35% of the examined and analysed cases, and in 46% consumption of alcohol prior to the assault was reported. Information in the forensic report regarding injury documentation, intoxication, and detection of sperm and DNA match between victim and alleged assailant did not aid in the prosecution of the case. Severe coercion used by the assailant increased the likelihood of conviction. Intoxication estimation and sperm detection suffered from low sensitivity compared with laboratory analyses. Results suggest the need for new research and optimising the sexual assault examination protocol to strengthen the legal impact of forensic evidence.     

Sexual Assault Training of Law Enforcement Officers

Abstract

The importance of proper response to victims of sexual abuse or assault has been well documented. However, despite their prominence as responders, little research has been conducted on training law enforcement officials to conduct this aspect of their jobs effectively. We describe results of a statewide survey of the adequacy of law enforcement officers' preparation to respond to victims of sexual assault. Results revealed a significant need for greater training on the topic, as well as a number of potential positive impacts of additional training and education, including feelings of better preparation, greater collaboration with external resources, more likelihood of victim participation in investigation, and more cases being brought to prosecution. Based on the results, we present a model of proposed benefits of additional training for police officers in sexual assault.     

Victims of sexual assault perpetrated by female youth: an exploratory study of gender differences*

ABSTRACT

This study examines sexual offending behaviour of juvenile females and juvenile males who come to the attention of the police. Using victim age as an analytical tool and more than 20 years of incident-level crime data, perpetrator, victim, and offense characteristics are compared to assess if the offending behaviours of juvenile females and juvenile males differ when the victim is a child versus a peer. The multinomial logistic regression showed there were differences in offending between juvenile females and juvenile males dependent on type of victim. Perpetrator substance abuse, victim sex, victim-offender relationship, type of sexual assault, use of force, location of the sexual assault, the time of day of the sexual assault, and whether or not the incident resulted in an arrest all reliably predicted these differences. The results reinforce the field's call for a greater development of a gendered understanding of sexual offending behaviour.     

The believability of repressed memories

Two experiments investigated how mock jurors react to a case involving a repressed memory of child sexual assault. Subjects read a fictional civil trial (Experiment 1) or criminal trial (Experiment 2) summary involving the sexual assault of a 6-year-old female. The summary was presented in one of three conditions: (a)child condition: the alleged victim reported her memory of the assault in the same year that the assault occurred; (b)repressed condition: the alleged victim reported the assault 20 years later, after remembering it for the first time; or (c)no-repressed condition: the alleged victim reported the assault 20 years later, but the memory of the assault had been present for the 20 years. Although the testimony of the alleged victim was believed to some extent in all conditions, the alleged victim in the child condition was believed at the highest level, and this was associated with more decisions against the defendant. The results are discussed in terms of how delayed reporting of child sexual assault crimes is associated with lower believability of the alleged victim.We would like to thank Christy Kennedy, Paula Brinegar, and Elizabeth Thomas for their assistance in collecting and scoring the data, as well as Michael Nietzel, Monica Kern, Ronald Roesch, and three anonymous reviewers for their comments on earlier drafts of this paper.     

Racial and ethnic disparities in police-reported intimate partner violence perpetration: a mixed methods approach

The objectives of this study were to examine racial and ethnic disparities in perpetrator and incident characteristics and discrepancies between police charges and reported perpetrator behaviors in police-reported intimate partner violence (IPV). This cross-sectional study used standardized police data and victim narratives of IPV incidents reported to the police in Dallas, Texas in 2004. The sample included non-Hispanic White, non-Hispanic Black, and Hispanic male perpetrators who were residents of Dallas (N = 4470). Offense charges were prioritized in descending order: sexual assault, aggravated assault, simple assault, kidnapping, robbery, and intimidation. Textual data from the victim narratives were coded, based on the revised Conflict Tactics Scales (CTS), and categorized in descending order of priority: sexual (severe, minor), physical (severe, minor), and psychological (severe, minor) assault. Perpetrators were more likely to be Black and Hispanic. Perpetrator and incident characteristics varied significantly by race/ethnicity, particularly age, age difference between partners, marital status, injury, and interracial relationships. Qualitative data revealed that greater proportions of Black and Hispanic men perpetrated severe physical, but not sexual violence, compared with White men. The greatest disparity between CTS categories and police charges occurred among those cases identified by the CTS as severe physical IPV; 84% were charged with simple assault. Significant differences by race/ethnicity were found only for simple assault charges, which were coded as severe physical as opposed to minor physical IPV more often among Black (69% and 31%) compared with White (62% and 38%) men. The disparities revealed in this study highlight the need to enhance primary and secondary prevention efforts within Black and Hispanic communities and to increase linkages between police, community, and public health organizations.     

Multiple perpetrator sexual assault: how does it differ from assault by a single perpetrator?

Research that attempts to identify characteristic features of multiple perpetrator sexual assault (MPSA) is limited. This study compared demographic and assault related characteristics of 135 cases of MPSA with 139 cases of single perpetrator sexual assault (SPSA) reported to the Haven sexual assault referral centre, Camberwell, London, over a 4-year period, and aimed to identify any unique features of MPSA victims, perpetrators and assault type. Victims of MPSA were younger, less likely to be White, more likely to report previous self-harm and more likely to sustain injuries than victims of SPSA. Multiple perpetrators were younger, less likely to be White and more likely to be strangers to the victim than single perpetrators. The nature of the assault was different in single and multiple perpetrator cases; in MPSA, there were more completed rapes and more multiple rapes, and perpetrators were more likely to meet the victim in an outside location before carrying out the assault in a place of residence that was not the victim's. These findings add to a scant but growing evidence base.     

Gender difference or indifference? Detective decision making in sexual assault cases

Prior research examining sexual assault case decision making has failed to account for the demographic characteristics of the criminal justice practitioners charged with making case decisions. Inclusion of such information is important because it provides researchers with a greater understanding of how criminal justice practitioners' own gender, race, age, and past experiences affect their judgments. This study seeks to examine whether gender differences exist in detectives' arrest decisions in sexual assault cases. Victim, suspect, incident, and detective characteristics are collected from police case and investigatory files on 328 criminal sexual assault cases involving adult female victims reported to a large Midwestern police department in 2003. Logistic regression is used to determine whether detective gender predicted the odds of arrest after controlling for incident, victim, and suspect characteristics. It is hypothesized that cases involving female detectives would be more likely to result in arrest after controlling for other incident, victim, and suspect characteristics. However, contrary to expectations, female detectives are significantly less likely than male detectives to arrest suspects in sexual assault cases even after controlling for the influence of other factors shown to predict arrest. The findings support prior research that suggests female practitioners may not necessarily be more sensitive toward female victims despite previous assumptions that this would hold true. The findings suggest that efforts to hire female police officers for the purposes of dealing with female-related victimization may ultimately undermine efforts to improve victim experiences with the criminal justice system. They further suggest that both researchers and police administrators need to rethink the best ways to serve female victims beyond hiring mandates.     

The role of the new "date rape drugs" in attributions about date rape

This study investigates the effect of voluntary and involuntary drug use on attributions about sexual assault. The sample was composed of 280 randomly selected male and female undergraduate students. The type of drug used (GHB, alcohol, or none) and the voluntariness of the administration were varied in an unambiguous date rape scenario. Participants viewed sexual assault facilitated by alcohol or drugs similarly to sexual assault without drug or alcohol involvement, assigning the highest levels of responsibility and blame to the perpetrator and the lowest levels of both to the victim in these situations. In contrast, women's voluntary consumption of drugs prior to a sexual assault reduced perpetrator responsibility and blame and increased blame to the victim compared to other situations (except in some cases, voluntary drunkenness). These findings extend the limited research on date rape drugs and previous work on the influence of alcohol on date rape attributions.     

Perceptions of victims and perpetrators in a depicted child sexual abuse case: gender and age factors

This study investigated the roles of respondent, perpetrator, and victim gender on attributions toward a 10- or 15-year-old victim and an adult perpetrator in a hypothetical sexual abuse case. It was predicted (a) that female respondents would be more provictim and antiperpetrator than men, (b) that 10-year-old victims would be deemed more credible than 15-year-olds, and (c) that men would deem a 15-year-old male victim more culpable when child sexual abuse is perpetrated by a female abuser. Three hundred thirty-seven respondents read a 350-word sexual abuse depiction in which victim age, victim gender, and perpetrator gender were varied between respondents. Respondents then completed a 14-item attribution scale, relating to victim blame, perpetrator blame, assault severity, and victim credibility. A series of ANOVAs revealed support for all predictions. Results are discussed in relation to gender role attitudes. Suggestions for future work also considered.     

Police attitudes in assigning responsibility for wife abuse

Prevailing myths concerning wife abuse generally tend to blame the victim. The present study examines the degree of responsibility assigned by police officers to the wife, the husband, as well as the couple's socioeconomic situation in cases of wife abuse. The officer's position (neutral vs supportive) adopted toward the woman is also investigated. The influence of eight characteristics related either to the spouses or to the situation of violence on both the officer's position and the attribution of responsibility is analyzed. The characteristics are: couple's socioeconomic status, type of household, drinking by husband, alleged antagonism on the part of the wife, ambivalence of wife to press charges, type of abuse, history of assault, and violence toward children. The results are based on answers to case vignettes provided by 235 municipal police officers. The data were analyzed by performing a multivariate analysis of variance. Results indicate the type of abuse to be the characteristic with the greatest impact on police attitudes. While the husband is systematically considered more responsible than the wife, police officers always consider the wife somewhat responsible, particularly when there is alleged antagonism by the woman and when threats of violence are present.     

Victim's perceptions of initial police responses to robbery and aggravated assault: Does race matter?

Despite the fact that police officers are usually the first persons within the criminal justice system to respond to a criminal victimization, the majority of research investigating racial discrimination within the system has examined primarily the effects of race on adjudication outcomes which occur after initial police interventions, such as conviction decisions and sentences. Very little empirical effort has been devoted to examining the effects of race on early police responses to a reported victimization. Using data from the National Crime Victimization Survey from 1987 to 1992, this paper investigates the effects of both the victim's and the offender's race on three police responses to robbery and aggravated assault: (1) police response time to the scene, (2) effort exerted by the police at the scene, and (3) likelihood of arrest. It was found that police were quicker to respond and also exerted more effort at the scene such as searching and taking evidence to incidents of black on white robbery compared to all other racial dyads. This relationship held even after controlling for other factors such as victim-offender relationship, poverty, injury to the victim, and victim's gender. No significant effects of race, however, were found when predicting the probability of arrest in cases of robbery. The effects of race on police responses to aggravated assault were more complicated. For assaults involving strangers, police were significantly more likely to exert additional effort at the scene if the victim was white and the offender was perceived to be black. This effect was reversed, however, for nonstranger assault victimizations. Police were significantlyless likely to exert effort at the scene or to make an arrest in black on white assaults involving nonstrangers. The most consistent predictors of arrest in both stranger and nonstranger assault victimizations were police response time, injury to the victim, and the incident occurring in a public setting.     

Brief Research Report: Age Factors Affecting the Believability of Repressed Memories of Child Sexual Assault

Two experiments investigated how mock jurors react to testimony involving claims of a repressed memory in a case involving child sexual assault. Participants read a fictional civil trial summary presented in one of three conditions: (a) immediate condition—the alleged victim testified immediately after the incident; (b) repressed condition—the alleged victim reported the assault 1–39 years later, after remembering it for the first time; or (c) not-repressed condition—the alleged victim reported the assault 1–39 years later, but the memory of the assault had been present for those years. When there was any type of delayed reporting, either the age of the alleged victim at the time of the assault was constant and her age at reporting varied (Experiment 1) or the age of the alleged victim at the time of the assault varied and her age at reporting remained constant (Experiment 2). The results showed that (1) a delay in reporting an incident adversely affected believability of the alleged victim and led to fewer rulings in support of the plaintiff compared to reporting it immediately, (2) longer delays in reporting generally led to lower alleged victim believability and fewer decisions in support of the plaintiff than shorter delays, (3) the age of the alleged victim at the time of the incident was a critical variable in determining belief of the alleged victim, and (4) men generally rated believability of the alleged victim lower and ruled in favor of the plaintiff less often than women. The results are discussed in terms of the psychosocial factors affecting the perception of delayed reporting in a child sexual assault trial.     

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.     

The influence of personality on violent victimization – a study on police officers

The current study aims to examine the influence of police officer characteristics, civilian characteristics, and possible interactions between both on violent victimization of police officers. Based on literature distinguishing between ‘provocative’ and ‘submissive’ victims, focus is given on effects of police officers’ personality in terms of the five-factor model plus risk-taking. Patrol police officers (n?=?1813) from Lower Saxony, Germany, completed a paper-and-pencil survey including personality assessments as well as questions about their last three police encounters. Binary logistic multilevel regression analyses demonstrate that police officers with higher scores on neuroticism and openness to experience were more likely to be violently attacked. Furthermore, agreeableness reduced police officers’ risk of violent victimization, while risk-taking and neuroticism increased their risk when confronted with a violent civilian. The study indicates that personality and especially traits that are assumed to provoke potential perpetrators were linked with violent victimization. It further stresses the need to include perpetrator attributes in victim studies in order to identify relevant interaction effects between both parties.     

Predicting Officer Physical Assaults at Domestic Assault Calls

Police work is rife with the potential for physical harm, and domestic assault calls are one source of assaults on officers. Inability to accurately predict what circumstances might lead to an attack is one cause of officer cynicism and paranoia. Having the ability to identify which suspects pose the greatest threat of assault would allow officers to take appropriate protective measures. Using data collected from 1,951 domestic assault calls across three cities, the present study compared characteristics and behaviors of the batterers with whether or not the batterers physically assaulted the responding officers. Findings revealed five significant batterer characteristics (employment status, shared residence with abuse victim, alcohol consumption, property damage, and hostile demeanor toward officers) that successfully predicted officer assaults. These risk factors may be incorporated into police safety training in the response to family violence calls.     

The Believability of Hearsay Testimony in a Child Sexual Assault Trial

Two experiments investigated how mock jurors react to hearsay testimony in a case involving child sexual assault. Participants read a fictional criminal trial summary involving the sexual assault of a 4-(Experiment 2 only), 6-, or 14-year-old female. The summaries were presented in one of four conditions: (a) child condition—the alleged victim testified; (b) hearsay condition—the alleged victim did not testify, but an adult hearsay witness did testify; (c) multiple condition (Experiment 1 only)—both the alleged victim and the adult hearsay witness testified; and (d) no-witness condition—neither the alleged victim nor the hearsay witness testified. The hearsay testimony was believed to a considerable degree, and this testimony led to an increase in the perceived guilt of the defendant. Moreover, these results were comparable to those of conditions in which the alleged victim testified. The results are discussed in terms of the psychosocial factors affecting the perception of hearsay testimony in a child sexual assault trial.     

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.     

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.