TY - JOUR
T1 - Prosecuting sexual assault
T2 - A comparison of charging decisions in sexual assault cases involving strangers, acquaintances, and intimate partners
AU - Spohn, Cassia
AU - Holleran, David
N1 - Funding Information:
* This manuscript is based on work supported by the National Institute of Justice under Grant 98-WT-VX-0003. Points of view are those of the authors and do not necessarily reflect the position of the National Institute of Justice. We would like to thank the anonymous reviewers for their helpful comments on an earlier draft of the manuscript.
PY - 2001
Y1 - 2001
N2 - 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.
AB - 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.
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U2 - 10.1080/07418820100095051
DO - 10.1080/07418820100095051
M3 - Article
AN - SCOPUS:84981243161
SN - 0741-8825
VL - 18
SP - 652
EP - 688
JO - Justice Quarterly
JF - Justice Quarterly
IS - 3
ER -