Policing & Prosecuting Sexual Assault: Inside the Criminal Justice System

• NCJ Number: 243925
• Author(s): Cassia Spohn; Katharine Tellis
• Date Published: 2014
• Length: 256 pages
• Grant Number(s): 2009-WG-BX-0009
• Agencies: NIJ-Sponsored
• Publication Type: Overview Text

Annotation

This book, Policing & Prosecuting Sexual Assault: Inside the Criminal Justice System, examines the criminal justice system's response to cases involving allegations of sexual assault and rape.

Abstract

This book presents the results of a study that examined the criminal justice system's response to cases involving allegations of sexual assault and rape. The authors of the study worked with the Los Angeles Police Department, the Los Angeles Sheriff's Department, and the Los Angeles County District Attorney's (DA's) office to examine both the police response and the prosecution's response in cases involving sexual assault allegations. The authors interviewed members of both law enforcement agencies who worked on sexual assault cases, district attorneys who handled these cases, and sexual assault survivors. The authors also reviewed department policies and procedures for handling these cases. Based on these efforts, the study found an overuse in the number of cases being cleared by exceptional means and that often these findings were not done in accordance with Federal guidelines. The study also found that a large number of cases were submitted to the DA's office prior to the arrest of a suspect, subjecting the cases to higher levels of proof than would otherwise be required by law to make an arrest. In addition, law enforcement agencies were using the prearrest charge evaluation process as a means of screening out cases that were felt to be problematic and difficult to prove, such as cases where the victim was involved in risky behavior. This has led to changes in the arrest standards used by the police to bring charges, from one of probable cause to proof beyond a reasonable doubt to convict. Based on these findings, the authors developed two sets of recommendation for improving the criminal justice system's response to cases involving sexual assault. One set of recommendations is intended for law enforcement while the second set is aimed at improving the FBI's UCR (Uniform Crime Reporting) Program. Tables, bibliography, and index