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.     

社会功能评价在精神发育迟滞患者性侵害案中的应用

目的探讨社会功能水平在精神发育迟滞患者性自我防卫能力评定中的作用。方法对性侵害案中125例符合CCMD-3精神发育迟滞诊断标准的性受害者采用自编法医精神病学鉴定案例登记表收集一般资料,使用韦氏智力测试量表(WAIS-RC)、成人智残评定量表和功能大体量表(GAF)进行评定。结果不同等级的性自我防卫能力的患者在职业、婚姻、文化程度、性知识及生育史等方面有显著差异。成人智残评定量表、大体功能评定量表(GAF)、智商(IQ)和鉴定诊断的一致性(Kappa值)分为0.710、0.661、0.494,三者和性自我防卫能力的一致率分为0.538、0.472、0.316。结论不能仅用智商来确定精神发育迟滞患者的性自我防卫能力的水平,应充分重视社会功能在性自我防卫能力评定中的作用。     

Biological and DNA evidence in 1000 sexual assault cases

Using a Filemaker-based database (DNA Pro-FILES, Synchrone Infosystème Inc.), we have conducted a large-scale study on 1000 sexual assault (SA) cases where a standardized kit was submitted to our laboratory alone or with other types of exhibits. We looked at the likelihood of obtaining good quality DNA evidence, allegedly from the assailant, according to a number of parameters.The overall proportion of SA cases with DNA evidence is nearly 50%. A little more than 30% of SA kits provided DNA evidence while for 16% of cases DNA evidence could be obtained only from other exhibits.The likelihood of obtaining DNA evidence is approximately 50% in teenager and adult SA cases, but much lower for children 10 years old or younger (15%). In children cases, profiles were found mostly on clothing or skin swabs.The likelihood of obtaining DNA evidence from vaginal swabs remains good for up to 3 days after the assault (from 35% on the first day to 23% on the third day). A DNA profile was obtained from approximately 22% of anal/rectal swabs and 41% of skin swabs taken less than 1 day after the assault. Less than 10% of oral washes provided DNA evidence, all having been collected within 24 h of the assault.We found that in bodily samples, a negative result for acid phosphate (AP) is a poor predictor of the likelihood of obtaining good quality DNA evidence. Approximately 15% of vaginal swabs and 8% of anal swabs negative for AP nevertheless provided good quality DNA evidence.     

Injuries of the female genitalia in cases of sexual assault

Sexual violence is a global problem that particularly affects women and children. A retrospective analysis of 390 clinical-forensic examinations and 120 autopsies regarding injuries of the female genitalia in cases of sexual violence was performed. In the majority of cases no injuries of the female genitalia were found. Autopsy cases showed significantly more (and more serious) injuries of the genitalia than clinical forensic examinations (43 % vs. 25 %; p = 0.0004). Predominantly found were injuries of the external anogenital area, mostly tears or soft tissue lesions. In the current literature, data regarding the rate of injuries in victims of sexual violence vary strongly and their comparability is limited. Regarding the reconstruction of an offence, a forensic examination with an appropriate documentation of the injuries is evidently crucial.     

Prosecution decisions in cases of domestic violence involving children

Increasing attention is being paid to the problem of children as the secondary victims of domestic violence. It is now well documented that children suffer as a result of domestic violence. However, it has yet to be shown how, if at all, the presence of children as direct or indirect victims influences the decision-making of the police and prosecutors in those cases of domestic violence which enter the criminal justice process. The findings of an empirical study of the Crown Prosecution Service (CPS) that shed light on this issue are discussed in this article. The research, which combined an analysis of case files with observations and discussions with prosecutors, suggests important differences between the approach of the police and CPS lawyers.     

DNA recovery from different evidences in 300 cases of sexual assault

Almost 60% of the DNA evidences analyzed in our laboratory correspond to sexual assault cases. With the aim to assess the efficiency of the DNA IQ System (Promega) in recovering the perpetrator DNA profile, the statistical analysis of results obtained in 300 casework was performed. In such cases, 850 evidence samples were processed. In 71% of the cases the perpetrator DNA profile was detected in at least one of the submitted casework samples, with a minimum of 13 STRs markers typed using the AmpFlSTR Identifiler PCR amplification kit (Applied Biosystem). When the suspect DNA profile was available, 67% matched with the evidence.With regard to the type of evidence, the best performance corresponded to panties, with more than 70% of success in recovering male profile, whereas the efficiency of vaginal swabs was almost 60%, with a higher incidence of victim/perpetrator mixed profiles.     

A comparison of men who committed different types of sexual assault in a community sample

This study extends past research by examining predictors of different types of sexual assault perpetration in a community sample. Computer-assisted self-interviews were conducted with a representative sample of 163 men in one large urban community. As hypothesized, many variables that are significant predictors of sexual assault perpetration in college student samples were also significant predictors in this sample, including empathy, adult attachment, attitudes about casual sex, sexual dominance, alcohol consumption in sexual situations, and peer approval of forced sex. For most measures, the strongest differences were between nonassaulters and men who committed acts that met standard legal definitions of rape. Men who committed forced sexual contact and verbal coercion tended to have scores that fell in between those of the other two groups. The implications of these findings are discussed for community-based sexual assault prevention programs.     

Denial, minimization, partner blaming, and intimate aggression in dating partners

Although countering denial, minimization, and externalization of blame is a key component of most interventions for individuals who have been abusive in their intimate relationships, these attributions have only seldom been the focus of empirical investigation. Using a sample of 139 male and female university students, this study examined the associations between self-reported minimizing and blaming attributions and the perpetration of physical, sexual, and psychological aggression against an intimate partner. For men, minimization of conflict and partner blame were associated with self-reported perpetration of intimate partner aggression, even after controlling for socially desirable responding and relationship satisfaction. In contrast, women's aggression was associated only with partner blame. Discussion focuses on overlap with similar areas of research, gender differences in minimization and blaming, and on potential directions for further empirical work on the associations of intimate aggression, relationship dissatisfaction, and attribution.     

A protocol for the forensic analysis of condom and personal lubricants found in sexual assault cases.

In sexual assault cases, lubricant trace evidence may supplement biological evidence, or may be the primary physical evidence where biological evidence is unavailable. This study considered a total of 50 lubricants from condoms and personal lubricant products available in Australia. Differentiation of the samples was attempted using fluorescence examination, Fourier transform infrared spectroscopy (DRIFTS), gas chromatography-mass spectrometry, liquid chromatography-tandem mass spectrometry, and pyrolysis gas chromatography-mass spectrometry. Eleven of the samples were uniquely identified by the analysis scheme, while the remainder of the samples were separated into nine groups. As a result of this study, a recommended protocol for the detection and analysis of an "unknown" biological swab was produced.     

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.     

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.     

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.     

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.     

Sexual assault cases in the legal system: Police,prosecutor, and victim perspectives

The purposes of this study were to assess (a) the extent of attrition in the processing of sexual assault cases in the legal systems, (b) factors associated with attrition at various stages in the process, and (c) victims' experiences in the legal system and the relations between these experiences and recovery. Our results suggest that substantial attrition continues to occur in the prosecution of rape cases, that more severe assaults are prosecuted more vigorously, that victims are generally satisfied with the police (but not with the legal system in general), and that neither attitudes nor case outcomes are associated with victims' postrape recovery. Research and policy implications are discussed.     

Comparison of enzyme assay and radioimmunoassay for the measurement of human acid phosphatase in cases of sexual assault

We investigated whether a radioimmunoassay for prostatic acid phosphatase might be used as a more specific test for the identification of semen in samples from cases of sexual assault than the measurement of total acid phosphatase enzyme activity. The results of the measurement of acid phosphatase by enzyme assay in semen and vaginal swab extracts were compared with the results of the radioimmunoassay. It was found that the radioimmunoassay is a sensitive and more specific method than the enzymic determination of acid phosphatase. Incidentally we have found that a low concentration of an immunological cross reacting acid phosphatase is present in semen free vaginal swab extracts.     

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.     

A prospective analysis of the relationship between childhood sexual victimization and perpetration of dating violence and sexual assault in adulthood

The majority of studies evaluating the relationship between childhood sexual assault and subsequent sexual assault perpetration by men have been conducted retrospectively and with incarcerated populations. The present study seeks to improve on previous research by prospectively investigating the relationship between childhood sexual assault and subsequent perpetration of dating violence in adulthood in men. Although there is a significant relationship between childhood sexual abuse and history of sexual assault perpetration at baseline, prospective analyses indicate that childhood sexual assault is not predictive of perpetration during the follow-up period. The role of family factors, including parental conflict resolution, is implicated in subsequent sexual aggression. These results are supportive of the idea that the effects of childhood sexual abuse may be mediated by a variety of factors.     

The role of alcohol and victim sexual interest in Spanish students' perceptions of sexual assault

Two studies investigated the effects of information related to rape myths on Spanish college students' perceptions of sexual assault. In Study 1, 92 participants read a vignette about a nonconsensual sexual encounter and rated whether it was a sexual assault and how much the woman was to blame. In the scenario, the man either used physical force or offered alcohol to the woman to overcome her resistance. Rape myth acceptance (RMA) was measured as an individual difference variable. Participants were more convinced that the incident was a sexual assault and blamed the woman less when the man had used force rather than offering her alcohol. In Study 2, 164 college students read a scenario in which the woman rejected a man's sexual advances after having either accepted or turned down his offer of alcohol. In addition, the woman was either portrayed as being sexually attracted to him or there was no mention of her sexual interest. Participants' RMA was again included. High RMA participants blamed the victim more than low RMA participants and were less certain that the incident was a sexual assault, especially when the victim had accepted alcohol and was described as being sexually attracted to the man. The findings are discussed in terms of their implications for the prevention and legal prosecution of sexual assault.