Factors Impacting Prosecutorial Discretion among Backlogged Sexual Assault Kits
Bibliographic Data
| ID | 22415982 |
|---|---|
| Authors | James C Mccutcheon (0000-0001-7197-7773, University of Memphis, corresponding author), Madeline Stewart (0000-0002-5279-9358, University of Memphis), Karli Province (University of Cincinnati), Cameron Dunaway (Shelby County District Attorney's Office) |
| Year | 2026 |
| Publication date | 2026-03-06 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Criminal Justice Review (JOURNAL) |
| Journal identifiers | ISSN: 0734-0168 • E-ISSN: 1556-3839 |
| Publisher | SAGE Publications (PUBLISHER • US) |
| DOI | 10.1177/07340168261427730 |
| OpenAlex | W7135013655 |
| Language | EN |
| References cited | 24 |
In 2012, over 12,000 previously untested sexual assault kits (SAKs) were discovered in Memphis, Tennessee, prompting a significant effort to test the kits and seek justice for survivors. While prior research has explored the experiences of survivors and the process of testing these kits, less attention has been given to what occurs after testing, specifically, prosecutorial decision-making. This study investigates case-level variables associated with the likelihood of a case being accepted for prosecution following kit testing. Prosecutorial discretion is influenced by a range of legal and evidentiary factors, and understanding these variables is crucial for identifying systemic gaps. Using data from Memphis's SAK backlog, the present study analyzes patterns related to case acceptance. The Memphis Model is discussed and visualized through a diagram that details the coordinated tracking of SAKs and the collaborative investigative and prosecutorial processes used to assess case strength. Findings indicate that victim injury is a significant predictor of prosecutorial acceptance, particularly in cases that do not encounter legal or practical barriers such as expired statutes of limitation or deceased suspects. Implications for prosecutorial practices and victim advocacy are discussed.
Discretion · Economic Justice · Memphis · Sexual assault · Statute · Criminal Justice and Corrections Analysis · Psychopathy, Forensic Psychiatry, Sexual Offending · Sexual Assault and Victimization Studies
Sexual assault victimization and psychopathology
Prosecuting sexual assault
The Factors Related to Rape Reporting Behavior and Arrest
The National Problem of Untested Sexual Assault Kits (SAKs)
Funneled Through or Filtered Out
The prosecution of sexual assault cases with forensic DNA evidence
A window of opportunity
Exploring Survivors’ Decisions to Re-Engage With the Criminal Legal System in Cold Case Sexual Assault Investigations
Predicting type of sexual assault case closure from victim, suspect, and case characteristics
Describing the process and quantifying the outcomes of the Cuyahoga County sexual assault kit initiative
The Interaction of Race, Gender, and Age in Criminal Sentencing
Criminal Charge or Probation Violation? Prosecutorial Discretion and Implications for Research in Criminal Court Processing
The Influence of Blame and Believability Factors on the Processing of Simple Versus Aggravated Rape Cases
Official Reactions to Social Problems
The Reporting of Domestic Violence and Sexual Assault by Nonstrangers to the Police
The social organization of criminal justice processing
| Citation velocity | historical |
|---|---|
| Highly cited | No |