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 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.     

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.     

Sexual assault of older women by strangers

This study examines victim, offender, and offence characteristics associated with sexual assaults by strangers of older women compared to those against younger women. Cases are obtained from the Serious Crime Analysis Section of the United Kingdom National Policing Improvement Agency (NPIA; formerly Centrex). All possible cases of rape, attempted rape, and lesser sexual assault involving a single female victim aged 60 or older are selected (n = 53). These are matched with a sample of sexual assaults against women aged between 20 to 45 years ( n = 53). Research findings reveal significant differences in relation to a number of variables, including ethnicity of the offender, number of previous convictions of the offender, and characteristics associated with the assault itself. The results of this research reveal new information about violent sexual assaults on older women by strangers and have implications for practitioners dealing with such cases.     

Predicting type of sexual assault case closure from victim, suspect, and case characteristics

Relatively little research has examined the impact of victim, suspect and case characteristics on the probability of various case closures in regard to personal crimes requiring police investigation. The present article examines the effect of individual and case characteristics (i.e. victim–offender relationship, initially available evidence) on the police unfounding decision, and the probability of four other types of case closure (Arrest, Exceptional due to lack of victim cooperation, Exceptional due to lack of “prosecutorial merit”, and Open) among a sample of felony sexual assault cases. Using data from a large municipal police department's sexual assault investigative unit, results indicate that the race of the victim and suspect plays no role in determining any of the case outcomes in this sample, while prior relationship does appear to have a strong impact. Variable impacts for indicators of the strength of evidence, victim's cooperation, and the seriousness of the case are also discussed.     

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 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.     

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.     

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.     

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.     

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.     

Intimate Partner Violence: The Role of Suspect Gender in Prosecutorial Decision‐Making

Utilizing a sample of 8,461 cases involving heterosexual intimate partner violence, this paper examines the role of suspect gender in prosecutorial decision‐making. Four decision points are assessed: the decision to file charges (versus rejection for insufficient evidence); to file as a felony (versus a misdemeanor or probation violation); to dismiss for insufficient evidence (versus full prosecution); and to reduce felony charges to a misdemeanor or violation of probation. Suspect gender was found to be statistically significant in relation to all four outcomes in favoring female over male suspects. Numerous interaction effects were observed between gender and measures of prior arrest and offense severity in particular, suggesting that prosecutors distinguish between male and female suspects across these variables. We suggest that these data provide some support for recent qualitative research suggesting that court personnel are responsive to the gendered asymmetry of intimate partner violence, and may view female intimate violence perpetrators more as victims than offenders.     

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.     

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.     

Differential predictors of intimate partner sexual coercion versus physical assault perpetration

ABSTRACT

The current study attempted to strengthen existing literature regarding predictors of perpetrating intimate partner sexual violence to determine if there are unique predictors of sexual violence that differentiate it from physical abuse. It was hypothesised that men’s controlling, dominant and jealousy behaviours, and verbal aggression would significantly predict increased intimate partner sexual coercion and physical assault perpetration. These predictors were expected to be more predictive of sexual coercion than physical assault perpetration. Couples were recruited from the community (N?=?159) in a cross-sectional study recruiting couples with a violent male partner. Results demonstrated that men’s controlling behaviour was a significant predictor of sexual coercion and physical assault perpetration and behavioural jealousy was a significant predictor of sexual coercion perpetration. No predictors studied better predicted sexual coercion more than physical assault perpetration. These findings suggest that sexual coercion may be another type of physical assault without unique predictors.     

Screen-printing ink transfer in a sexual assault case

Yellow plastic-like particles were discovered on the clothing and body of a sexual assault victim. These particles were later associated to an athletic jersey with flaking yellow screen-printed numbers and letters, worn by the suspect. Depending on its intended substrate, screen-print ink can vary in color and composition. Particles dislodged from screen-printed garments may exhibit fabric impressions. Screen-printed clothing, commonly encountered in forensic casework, should be viewed as a potential source of trace evidence.     

Engaging With Criminal Prosecution: The Victim's Perspective

Despite more than a decade of policies that encourage prosecutors to proceed without the victim's input or actions in cases of intimate partner violence (IPV), prosecutors still often rely on the victim's participation to move a case forward. The purpose of this study was to identify the barriers and motivators influencing female IPV victims' engagement with the criminal justice system and their preferences regarding prosecution. Findings from focus groups with women who had experienced police response to IPV revealed that women wanted the violence to end but faced numerous barriers to engaging with the criminal prosecution process. The dominant voice favored police and prosecutors taking action toward prosecution without depending solely or heavily on the victim's active participation.     

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.     

The violent female perpetrator and her victim

The aim of the present study was to examine the relationship between violent female offenders and their victims as well as the putative differences in the motives and specific psychological factors among three groups of female offenders: women who have victimised someone closely related to them, those who have victimised an acquaintance and lastly women who have victimised a stranger. More than half (N=61) of all violent female offenders hospitalised or incarcerated in Finland during the year of study were interviewed and assessed by Structured Clinical Interview II for DSM-IV (SCID-II) and Hare's Psychopathy Checklist-Revised (PCL-R). In 34% of the cases the victims were persons close to the offender, in 41% the victims were acquaintances and in 25% strangers. The victims in homicide offences were more often both male and closer to the perpetrator than in assault offences. Although motives were related to interpersonal problems, self-defence and long-term physical or psychological abuse were reported by only a few women, even for the small proportion of women whose victims were intimate partners. The most frequent reason for offences stemmed from confrontational situations in connection with alcohol use. Women who victimised acquaintances and strangers were also more likely to have a history of criminality and substance abuse than women who victimised those in close personal relationships. The latter were also more likely to have an antisocial personality disorder (PD) and psychopathic characteristics. There were, however, no significant differences found between those who had experienced physical or psychological abuse in childhood or adulthood and those who had no adverse experiences. These findings suggest that the violent behaviour by females leads more often to the death of the victim, when the victim is closely related to the perpetrator. The commonly-held view that violent female offending occurs primarily as a consequence of precipitation by the victim was not supported.