Prosecuting sexual assault
A comparison of charging decisions in sexual assault cases involving strangers, acquaintances, and intimate partners
Datos Bibliográficos
| ID | 23325631 |
|---|---|
| Autores | Cassia Spohn (0000-0003-1043-3873, University of Nebraska at Omaha), DAVID HOLLERAN (b East Tennessee State University) |
| Año | 2001 |
| Volumen | 18 |
| Número | 3 |
| Páginas | 651-688 |
| Fecha de publicación | 2001-09-01 |
| Peer Reviewed | Sí |
| Open Access | No |
| Tipo | ARTICLE |
| Revista | Justice Quarterly (JOURNAL) |
| Identificadores de la revista | ISSN: 0741-8825 • E-ISSN: 1745-9109 |
| Editorial | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/07418820100095051 |
| OpenAlex | W2117546884 |
| Idioma | EN |
| Citas recibidas | 76 |
| Referencias citadas | 43 |
In this study of prosecutors' charging decisions in sexual assault cases, we test the hypothesis that the effect of victim characteristics is conditioned by the relationship between the victim and the suspect. We categorize the victim/suspect relationship as one involving strangers, acquaintances/relatives, or intimate partners, and we examine the effect of victim, suspect, and case characteristics on charging decisions in each type of case. The results of our analysis reveal that the effect of victim characteristics, with one exception, is confined to cases involving acquaintances and intimate partners. In these types of cases, prosecutors were less likely to file charges if there were questions about the victim's character or behavior at the time of the incident. In contrast, the victim's reputation and behavior did not affect charging in cases involving strangers; in those types of cases, prosecutors were more likely to file charges if the suspect used a gun or knife or if the victim was white. We conclude that stereotypes of “real rapes” and “genuine victims” continue to influence the charging decision in at least some types of sexual assault cases.
Affect (linguistics) · Criminology · Injury prevention · Medical emergency · Poison control · Political science · Reputation · Sexual assault · Suspect · Test (biology) · Judicial and Constitutional Studies · Jury Decision Making Processes · Law · Medicine · Psychology · Sexual Assault and Victimization Studies · Social Psychology
The case processing of intimate partner sexual assault
Offer, minna och utsatthet. Diskurser om alkohol i våldtäckts- och misshandelsmål
Criminal Prosecution and the Legal Control of Protest
Prosecutorial Justifications for Sexual Assault Case Rejection
Criminal Prosecutions
Prosecutorial Charging Decisions in Sexual Assault Cases
Prosecutorial Discretion and the Imposition of Mandatory Minimum Sentences
The Damage is Permanent”
Factors Impacting Prosecutorial Discretion among Backlogged Sexual Assault Kits
Prosecutor Decision-Making Following Juvenile Life Without Parole Sentencing Reform
Prosecutorial power in probation
The prosecutor's cut
Life or death
Sexual Distance in Victim-Offender Relationships
Where is the Evidence? Comparing the Effects of Evidence Strength and Demographic Characteristics on Plea Discounts
The Downstream Effects of Body-worn Cameras
Consent Myths and Norm Violation Responses
Describing the Hazard of Recidivism Among Individuals Convicted of Sex-Related Offenses
Racialized Employment Outcomes During Reentry
The Sexual Stratification Hypothesis and Prosecuting Sexual Assault
Examining Racial Dyads and the Odds of Conviction for Sexual Assault
Policing and Prosecuting Sexual Assault Against Women of Color
Stemming the flow
A Decade of Decision Making
Identification, Corroboration, and Charging
The Link Between the Samfe and Police Perceptions of Victim Credibility
Reflections on the Exercise of Prosecutorial Discretion 50 Years After Publication of The Challenge of Crime in a Free Society
Differential Treatment of Sexual Assault Cases by US Army Law Enforcement Personnel
Police Decisions in a Rape Scenario
The Criminal Justice System’s Response to Sexual Violence
Prosecuting Intimate Partner Sexual Assault
Sexual Scripts and Criminal Statutes
Funneled Through or Filtered Out
Use of Forensic Science in Investigating Crimes of Sexual Violence
The Decision to Arrest in Sexual Assault Case Processing
Creating a More Complete and Current Picture
Blameworthy Suspects and “Real Rape”
When the Perpetrator Is a Partner
Mock Juror Perceptions of a Male or Female Adult Rape Victim Crying in the Courtroom
Lying about sexual assault
The state effect in contemporary Turkey
She Is his Girlfriend—I Believe this Is a Different Situation”
Examining the Determinants of Prosecution Decisions of Intimate Partner Violence
Is Chivalry Dead
Police and the War on Women
The Social Organization of Sexual Assault
Patterned Characteristics of Continued and Discontinued Sexual Assault Complaints in the Criminal Justice Process
Homicide, Gender, and Responsibility
Case dismissal and noncarceral sentences
Examining Mental Health Court Completion
The impact of race and extra-legal factors in charging defendants with serious sexual assault
Race and the Criminal Justice System Response to Sexual Assault
Focal concerns theory and case advancement in sexual assault cases
Rape and Attrition in the Legal Process
The intersection of defendants' race, gender, and age in prosecutorial decision making
Community influence on prosecutorial dismissals
Do you get what you pay for? Type of counsel and its effect on criminal court outcomes
What happens when sexual assault kits go untested? A focal concerns analysis of suspect identification and police pre-arrest decisions
The determination of victim credibility by adult and juvenile sexual assault investigators
Still in the shadows
Using machine learning to assess rape reports
Bias in prosecutorial decision making
The sexual stratification hypothesis revisited
A prosecutor's “ideal” sexual assault case
Cumulative Disadvantage
Prosecutors, court communities, and policy change
How crime-based legal regimes shape sexual harm
Restorative Justice and Sexual Assault
Prosecuting working girls
Litigating Lives and Gender Inequality
What If They Were White? The Differential Arrest Consequences of Victim Characteristics for Black and White Co-offenders
What's Missing Matters
She Clearly Thought That Something Bad Had Happened to Her
Arrest and Referral Decisions in Sexual Assault Cases
Geographic Arbitrariness in Capital Punishment
Victim and Suspect Race and the Police Clearance of Sexual Assault
Rape and criminal justice
Regression Diagnostics
Decision Making in Criminal Justice
Interpreting Probability Models
Race and disparities in sentencing
Gateway to Justice
The effect of evidence factors and victim characteristics on prosecutors' charging decisions in sexual assault cases
The American jury
Gender and Crime
Adult sexual assault
Plea bargaining or trial
Discretionary Justice
The Sexual Stratification Hypothesis and Sexual Assault in Light of the Changing Conceptions of Race
The Influence of Blame and Believability Factors on the Processing of Simple Versus Aggravated Rape Cases
The Impact of the Ethnicity and Gender of Defendants on the Decision to Reject or Dismiss Felony Charges
Using the Correct Statistical Test for the Equality of Regression Coefficients
Criminality, Prosecutorial Screening, and Uncertainty
Prosecutorial Discretion in Filing Charges in Domestic Violence Cases
Race, Homicide Severity, and Application of the Death Penalty
The Effect of Sexual Stratification By Race on Official Reactions to Rape
Convictability and Discordant Locales
Race and Prosecutorial Discretion in Homicide Cases
Prosecutorial Discretion in Requesting the Death Penalty
The Impact of Victim Assessment on Prosecutors' Screening Decisions
After the Arrest
The Impacts of Evidence and Extralegal Factors in Jurors' Decisions
Prosecutorial Discretion
Discrediting Victims' Allegations of Sexual Assault
Official Reactions to Social Problems
Common Law in Action
Going for the gold
| Obras citantes distintas | 76 |
|---|---|
| Citas por año | 3,04 |
| Intervalo de citas | 2001 - 2026 (26) |
| Velocidad de citación | current |
| Altamente citado | No |
| Tipos de cita | Neutras: 72 |