ABSTRACT
Prosecutors play a crucial role in determining whether persons who are accused of intimate partner sexual assault (IPSA) will be sanctioned by the criminal justice system. Prosecutors have unconditional discretion at the initial charging stage because a case rejection decision is typically immune to review. Using qualitative data from 47 IPSA complaints that were referred to Los Angeles County or City prosecution in 2008, this study examines the factors that influence charging decisions. Findings suggest that prosecutors consider both legal and extralegal factors when making charging decisions and that various cultural, legal, and rape myths surrounding IPSA influence these decisions.
Subject(s)
Crime Victims/legislation & jurisprudence , Criminal Law/legislation & jurisprudence , Professional Role , Rape/legislation & jurisprudence , Spouse Abuse/legislation & jurisprudence , Crime Victims/statistics & numerical data , Criminal Law/statistics & numerical data , Female , Humans , Law Enforcement , Los Angeles , Male , Rape/prevention & control , Spouse Abuse/prevention & control , Survivors/legislation & jurisprudenceABSTRACT
This study examines questions about forced unprotected sex. Study objectives include assessing the prevalence of condom use in sexual assault and improving our understanding of the correlates of condom use in sexual assault. We analyze 841 sexual assault complaints reported to three law enforcement agencies. Descriptive data are used to assess the prevalence of condom use in sexual assault and to examine the contextual factors associated with condom use in sexual assault. We conduct logistic regression analysis to examine motivations for condom use during sexual assault. Condom use prevalence rates across the sites range from 11.7% to 15.6%. Few differences exist across jurisdictions regarding the correlates of condom use. Condom use during sexual assault appears to be motivated by three contextual factors. Younger suspects and suspects who use a weapon during assaults are more likely to use a condom. The suspect's use of alcohol is negatively related to condom use. The low rates of condom use found in this study, coupled with the dangers of unprotected sexual contact, suggest that public health efforts must address the needs of victims of sexual assault more carefully.
Subject(s)
Condoms/statistics & numerical data , Rape/statistics & numerical data , Adolescent , Adult , Age Factors , Alcohol Drinking/adverse effects , Crime Victims/statistics & numerical data , Female , Forensic Medicine , Humans , Logistic Models , Male , Motivation , Weapons , Young AdultABSTRACT
The legal reforms of the 1960s and 1970s notwithstanding, sexual assault is a crime characterized by underreporting and case attrition. In this article, the authors synthesize research examining the criminal justice system's response to sexual assault. The authors begin by examining research on the victim's decision to report the crime to the police. This is followed by a discussion of the findings of sexual assault case processing research, with a focus on the criminal justice system's response to aggravated and simple rape and to intimate partner sexual violence. The authors end the article with a discussion of questions that research has yet to adequately answer.
