Victims of Sexual Violence in the Canadian Criminal Courts

The literature on victims of sexual violence in the criminal justice system has overwhelmingly pointed to the negative impact of these encounters. This research project sought to explore various aspects that might contribute to harm by conducting in-depth qualitative interviews and collecting limited quantitative data on 31 victims who had encountered various processes in the justice system. Results indicated a wide range of experiences, indicating that no interactions within the system were universally harmful or helpful. Victim experience was shaped by the attitudes and behaviors of specific people within the system demonstrating the importance each individual plays in their official capacity. In the final analysis however, victim satisfaction with the jail term was key to understanding experiences of harm.     

Do You Wish to Prosecute the Person Who Assaulted You?: Untested Sexual Assault Kits and Victim Notification of Rape Survivors Assaulted as Adolescents

In jurisdictions across the country, sexual assault kits (SAKs) have not been consistently submitted for testing and many cities are now submitting large quantities of SAKs for forensic DNA testing. As a result, some survivors will be asked to re-engage with the criminal justice system, a process that may raise complex issues for victims who were adolescents at the time of their assaults. The authors examine the experiences of 15 adolescent victims whose SAKs were not tested, and their decision-making pathways regarding reengagement with the criminal justice system years after the initial investigation. Findings reveal that characteristics of the initial assault, victim-blaming experiences, and the social support appear to be related to the decision to re-engage with law enforcement years after the initial assault. Implications for future research and practice are discussed.     

Juvenile Court Practitioners’ Construction of and Response to Sex Trafficking of Justice System Involved Girls

The commercial sexual exploitation of children (CSEC) is a growing domestic health and policy concern. Exploited girls may be at heightened risk for entering the juvenile justice system. The purpose of this study was to explore the needs of CSEC victims and resources available for system-involved girls. The data from this study included semistructured interviews, case discussions, and residential placement meeting observations with juvenile justice personnel. Findings revealed labeling issues related to (1) how court workers construct female victims of CSEC through exploitation myths, (2) the importance of trauma history and relational contexts, and (3) system-level barriers. Recommendations for practice are discussed.     

Blaming the Victim: Perceptions About Incarcerated Sexual Assault Victim Culpability Among a Sample of Jail Correctional Officers

Research examining correctional officer perceptions about the sexual victimization of inmates is rare. This research offers a first glimpse of what personal, job-related, and attitudinal factors influence blaming incarcerated sexual assault victims among a sample of 376 jail correctional officers in one state. Surveys are utilized to elicit understanding about officer perceptions of incarcerated victims. Findings indicate that jail correctional officer blaming of incarcerated sexual assault victims is highly correlated with perceptions about rape myths and homosexuality. Specifically, officers who adhere to rape myths and disapprove of homosexuality are more likely to blame incarcerated victims of sexual assault. This study is a first to examine factors correlated with jail correctional officer blaming of incarcerated sexual assault victims. The results are useful in understanding the perspectives of jail correctional officers and experiences of victims incarcerated in jails. Implications for correctional institutions and authorities include attending to the issue of sexual assault in correctional facilities, understanding staff perceptions that are related to this issue, training of staff, and classification of inmates.     

Examining Connections between the Police and Prosecution in Sexual Assault Case Processing: Does the Use of Exceptional Clearance Facilitate a Downstream Orientation?

After several decades of research on how the criminal justice system handles reports of sexual assault, the attrition of cases at the police and prosecutor stages continues to draw the attention of policy makers, victim advocates, and academics. Such attrition has implications for thousands of victims and their alleged offenders each year. Current estimates show that significant rates of attrition persist and vary across jurisdictions. Recent work in two jurisdictions reveals a pattern of exceptional clearances being used to close sexual assault cases reported to the police and that prosecutors are weighing in at the arrest stage. Broadening this analysis we use incident data from a multitude of jurisdictions that report to the National Incident Based Reporting System (NIBRS) in combination with data from other law enforcement sources to investigate how legal and extra-legal incident factors as well as agency factors differentiate the decision to clear cases by exceptional means from clearance by arrest. We find that agency, legal, and extra-legal factors predict the use of exceptional clearance relative to arrest and discuss how these findings suggest a downstream orientation in case processing.     

“Victim Refuses to Cooperate”: A Focal Concerns Analysis of Victim Cooperation in Sexual Assault Cases

Research suggests that victim cooperation is a strong predictor of arrest and prosecution in sexual assault cases. Relatively little research has focused on identifying the factors that shape the decision to cooperate and the research that does exist is largely atheoretical. We address these gaps by examining victim cooperation using a revised version of the focal concerns perspective. We use data on cases reported to law enforcement agencies in Los Angeles to estimate models using factors situated within three victim focal concerns—crime seriousness, costs of cooperation, and likelihood of conviction—for three stages of the case process. We supplement these results with qualitative data from police reports regarding the reasons why victims refused to cooperate. The findings of this study provide initial support for the theoretical development of victim cooperation using the focal concerns perspective and provide potential guidance to criminal justice practitioners on how to increase victim cooperation.     

SANE/SART Services for Sexual Assault Victims: Policy Implications

A study of 530 sexual assault cases from three jurisdictions tested the efficacy of sexual assault nurse examiner/sexual assault response team (SANE/SART) programs as a tool in the criminal justice system. Policy implications from the findings recommend a SANE training curriculum for the rape examination and biological evidence collection; SANE/SART programs for a multidisciplinary effort in the investigation and prosecution of cases, alternative disposition for cases whereby the victim and offender know each other, and a risk management plan for combating recidivism.     

The Need for Gender-Sensitive Medical Interpreters for Victims with Limited English Proficiency in Sexual Assault Examinations

Abstract

The difficulties and trauma associated with sexual violence are exacerbated by language difficulties. Language difficulties pose particular barriers in accessing legal, social, medical and support services. This presents additional challenges for sexual assault response teams (SART). The SART members serve critical functions in supporting a victim of sexual violence from trauma to trial.

This paper addresses the need for trained gender-sensitive medical interpreters for adult female victims with limited English proficiency (LEP) in sexual assault examination, and thus the need for inclusion of trained medical interpreters in SART. Such needs were articulated from interviews with advocates and medical interpreters in the US, from literature reviews and conversations with women with LEP in the US. The paper closes with a set of specific recommendations that will promote comfortable accessible service to female victims of sexual violence with LEP.     

Murder in the Family: The Menendez Brothers

Childhood sexual abuse is currently a problem of considerable concern. Research suggests victims experience both short-term and long-term effects due to the unresolved trauma of sexual abuse. Erik and Lyle Menendez were convicted of first-degree murder of their parents, Jose and Kitty Menendez. During the trial the defense presented an argument of alleged sexual abuse, stating that the brothers committed the murders in fear for their lives. The aim of this paper is to explore the Menendez trial in detail from sides of the defense and prosecution, and review the pertinent literature concerning the effects of childhood sexual abuse as they apply to the case. The matter of whether or not the abuse did in fact occur remains in question. The ethical issues of sexual abuse are examined where one must decide whether Erik and Lyle Menendez are responsible for their actions if the sexual abuse did occur.     

Sexual Violence Against Marginalized Victims: Choice of Victim or Victim of Choice?

Research shows that sex trade workers and homeless populations are at a high risk of severe violence and homicide. Based on a sample of 229 violent sex offenders, we investigate the differences between sexual crimes committed against marginalized (n = 73) and nonmarginalized victims (n = 156). Findings from logistic regression analyses show that offenders who target marginalized victims are more likely to degrade their victim and use a variety of torture methods. However, offenders who target nonmarginalized victims are more likely to use a weapon, and kill the victim by strangulation. Implications for future research are discussed.     

Beyond Convictions: Negotiating Procedural and Distributive Justice in Police Response to Sex Crimes Victims

ABSTRACT

Justice for sex crimes is particularly complex due to the differences between victim needs and the operations of the criminal justice system. This study, using 70 semi-structured interviews and 2 focus groups from Canadian police departments, shows that Canadian police officers use characteristics from both procedural and distributive concepts of justice when responding and dealing with victims of sex crimes. We show that building trust, inclusion in the process, and upholding individual treatment needs are compelling components of police response that garner victim agency and satisfaction. As a result, victims are more satisfied with the process and outcomes of their cases, and through reconstructing success, so are police officers. Our discussion of a pluralistic approach captures how police officers justify and negotiate distributive and procedural justice in their responses to sex crime victims. Unlike research that focuses on the adverse treatment of victims, this paper finds promising changes in Canadian police officers’ conceptualization of justice for victims.     

Sexual Abuse, Trauma and Dementia in the Elderly: A Retrospective Study of 284 Cases

The study objective was to compare elders with a dementia with those without a dementia as to method of disclosure of sexual abuse, forensic markers of sexual abuse and legal outcome of cases. A convenience sample was obtained of 284 forensic cases known to a multidisciplinary group of professionals who investigated, examined or consulted on elder sexual abuse victims. The Comprehensive Sexual Assault Assessment (CSAAT) was used to enter data from case files. 60 percent of the 284 elders were diagnosed with some degree of dementia. Elders with dementia, compared to those without a diagnosis, were abused more often by persons known to them (family member, caregiver or another nursing home resident) than a stranger, presented behavior cues of distress rather than verbal disclosures, were easily confused and verbally manipulated, and were beaten. Suspects who were identified whom abused elders with dementia had less chance of being arrested, indicted or plea bargained. All reported suspected cases of elder sexual abuse need a complete physical examination as well as a sexual assault evidence kit. Patterns of verbal, behavioral or physical changes of elders can be used to support an allegation of sexual assault.     

Motives in a Triple Spree Homicide

Juries, criminologists, prosecutors, law enforcement officials, and the lay public like to know the motive for a murder—especially when there are unusual features such as multiple victims, extensive injuries, or unexplainable acts to the bodies. However, many times the motive is not readily available from the murderer because he does not confess or he does not consciously know why he killed. The following case describes the analysis of multiple motives in a triple spree homicide committed in a very short time frame. Robbery was the primary motive for the first victim and sexual homicide was the motive for the second and third victims.     

The “Independent Variable” in Restorative Justice: Theory-Based Standards for Evaluating the Impact and Integrity of Victim Sensitive Process (Part II)

For almost two decades restorative justice practices have demonstrated positive impacts on crime victim satisfaction when compared to court and other adversarial processes. Although these practices have by no means addressed the myriad needs of crime victims, researchers and policy makers have puzzled about how to interpret these generally positive findings. We suggest that remaining difficulties in concluding that positive findings are a result of restorative process rather than some other factor (e.g., procedural justice) are due largely to (1) the lack of clear standards for gauging the integrity, or “restorativeness,” of interventions and (2) the failure to articulate logical mechanisms (i.e., intervention theories) that connect practices to immediate and intermediate outcomes, and these outcomes to long-term changes in the well-being of victims, offenders, and communities. In part 1 of a two-part discussion previously published in this journal, we described alternative definitions of restorative justice and outlined three core principles that provide a useful normative theory of restorative justice. In part 2, we focus on the “intervening variable” in restorative justice, utilizing qualitative data from a national case study to illustrate some potential immediate and intermediate outcomes of restorative justice practice on victims. We also discuss the implications of these outcomes for intervention theory and future research.     

Does Recent Victimization Impact Confidence in the Criminal Justice System?

This study assesses whether recent victimization influences one’s confidence in the criminal justice system. Specifically, the study tests whether the predictors of confidence in major types of actors in the justice system are different for victims and nonvictims. British Crime Survey (BCS) data are analyzed using a series of structural equation models with multiple group methods. Overall, the findings support the idea that there is little difference between victims and nonvictims in how views of legal actors predict overall confidence. Additionally, prosecutors are slightly more influential on system confidence, regardless of victimization experience. Policy implications and future research directions are discussed.     

Less Safe in the Ivory Tower: Campus Sexual Assault Policy in the Trump Administration

ABSTRACT

Since the late 20th century, the federal government has regulated colleges’ and universities’ handling of campus sexual and gender-based violence (CSGBV). Although the arc of history has bent toward establishing greater protections for victims of such violence, new proposed regulation by the U.S. Department of Education under the Trump administration focuses more heavily on ensuring due process rights for students accused of CSGBV. Most recently, in November 2018, U.S. Secretary of Education, Betsy DeVos submitted a proposed rule change to the regulation of Title IX of the Education Amendments of 1972. This article provides the historical context for this most recent proposed federal regulation of CSGBV and discusses the criticism of this proposal that, if it is implemented, students would become less safe in the ivory tower.     

The Spiritual Components of Restorative Justice

The concept of spirituality in restorative justice practice is recognized as important but is often fuzzy and vaguely understood. This study did a content analysis of restorative justice texts and found nine distinct components of spirituality: transformation, connectedness/belonging, common human bond, repentance, forgiveness, making right a wrong, balance/harmony, rituals, and unexplained spiritual phenomenon. The conceptual clarification of the relationship between spirituality and restorative justice gives mediators/facilitators of restorative justice dialogue more tools to deepen their interactions with victims, offenders, and community members. Furthermore, delineation of these nine components offers researchers a framework for the development of instruments or tools that can be used to assess participants' experiences in restorative justice dialogues.     

“Walking in her shoes”: The Impact of Victim Impact Panels on Perpetrators of Intimate Partner Violence

Restorative justice models have had success with some issues within the criminal justice system; however, advocates and researchers within the intimate partner violence practice community have been reluctant to embrace this model. Criminal justice responses for intimate partner violence continue to be founded on a blend of retributive and rehabilitative justice models. Despite this reluctance, use of the restorative justice intervention of victim impact panels, may have targeted utility for increasing perpetrators’ empathy for their victims. The author 2examined responses from perpetrators who were mandated to participate in a victim impact panel experience as part of the coordinated community system response to intimate partner violence.