Prosecuting Intimate Partner Sexual Assault: Legal and Extra-Legal Factors That Influence Charging Decisions

Eryn Nicole O’Neal; Katharine Tellis; Cassia Spohn

doi:10.1177/1077801215591630

Prosecuting Intimate Partner Sexual Assault: Legal and Extra-Legal Factors That Influence Charging Decisions

Eryn Nicole O’Neal, Katharine Tellis, Cassia Spohn

Violence Prevention and Community Safety, Center for

Research output: Contribution to journal › Article › peer-review

64 Scopus citations

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.

Original language	English (US)
Pages (from-to)	1237-1258
Number of pages	22
Journal	Violence Against Women
Volume	21
Issue number	10
DOIs	https://doi.org/10.1177/1077801215591630
State	Published - Oct 1 2015

Keywords

charging decisions
intimate partner sexual assault
qualitative

ASJC Scopus subject areas

Gender Studies
Sociology and Political Science
Law

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10.1177/1077801215591630

Cite this

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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.",

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Prosecuting Intimate Partner Sexual Assault: Legal and Extra-Legal Factors That Influence Charging Decisions

Abstract

Keywords

ASJC Scopus subject areas

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