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PROSECUTION OF SEXUAL ASSAULTS

NCJ Number
48438
Author(s)
K M WILLIAMS
Date Published
1978
Length
51 pages
Annotation
IN RAPE CONVICTIONS IN THE DISTRICT OF COLUMBIA FROM ON RAPE CONVICTIONS IN THE DISTRICT OF COLUMBIA FROM JANUARY 1971 TO DECEMBER 1976.
Abstract
THE CHARACTERISTICS OF THE DEFENDANTS ARRESTED FOR SEXUAL ASSAULT DURING A 56-MONTH PERIOD AND THEIR RECIDIVIST BEHAVIOR IS EXAMINED. A DESCRIPTION OF THE PROSECUTION OF THE DIFFERENT TYPES OF SEXUAL ASSAULT IS PRESENTED. TREATMENT OF FORCIBLE RAPE CASES, FROM THE INITIAL POLICE REPORT TO THE OFFENDER'S CONVICTION, IS EXAMINED. THIS REPORT REFUTES MANY OF THE MYTHS COMMONLY ASSOCIATED WITH SEXUAL ASSAULT; FOR INSTANCE, CHILDREN ARE FREQUENTLY MOLESTED BY FRIENDS, RELATIVES, OR ACQUAINTANCES RATHER THAN BY STRANGERS. IN ADULT ASSAULT CASES, A WEAPON IS OFTEN USED, BUT NOT IN THE CASE OF CHILDREN. ATHOUGH THE MEDIA MAY OFTEN GIVE WIDE COVERAGE TO MULTIPLE RAPE OFFENDERS, THE TYPICAL SEXUAL ASSAULT ARRESTEE HAS NOT ATTACKED WOMEN OR CHILDREN ON MULTIPLE OCCASIONS. DURING THE PERIOD OF STUDY, THE DEFENDANTS AS A GROUP WERE NOT HIGHLY RECIDIVISTIC. THE NUMBER OF REPORTED RAPE CASES HAS BEEN DECLINING IN THE DISTRICT OF COLUMBIA SINCE 1973, WHICH MAY BE A RESULT OF THE SEVERE SENTENCES THAT ARE GENERALLY HANDED DOWN BY THE JUDGES. THE CONVICTION RATE FOR THOSE PERSONS ACCUSED OF SEXUAL ASSAULT HAS NOT BEEN GOOD, REGARDLESS OF WHETHER THE VICTIM WAS MALE, FEMALE, OR CHILD. HOWEVER, THE AGE OF THE VICTIM AND THE SUSPECT WERE RELATED TO THE CONVICTION RATE. YOUNG DEFENDANTS WERE MOST LIKELY TO BE CONVICTED, AND YOUNG AND OLD VICTIMS WERE MOST LIKELY TO SEE THEIR CASES END IN CONVICTION. THE CHANCES OF CONVICTION WERE INCREASED IF A SODOMY CHARGE WAS BROUGHT IN RAPE CASES AND DECREASED IF THE VICTIM HAD A PRIOR ARREST RECORD. A MAJOR PROBLEM IN RAPE CONVICTIONS IS THE VICTIM'S CREDIBILITY. SEXUAL ASSAULT VICTIMS ARE NOT BELIEVED AS FREQUENTLY AS VICTIMS OF OTHER CRIMES. EVIDENCE, WITNESSES, AND PROOF THAT THE VICTIM DOES NOT KNOW THE ATTACKER ALL HELP THE CHANCES OF OBTAINING A CONVICTION. IT HAS BEEN SUGGESTED THAT FORCIBLE RAPE SHOULD BE CONSIDERED A TYPE OF FELONIOUS ASSAULT UNDER THE LAW SO THAT THE DETAILS OF THE ENCOUNTER WOULD BE LESS IMPORTANT THAN THE FACT THAT THE VICTIM SUFFERED A VIOLENT PERSONAL ATTACK. A MULTIVARIATE ANALYSIS OF THE PROBABILITY OF CONVICTION AND THE RESULTS ON THE PROBABILITY OF CONVICTION IN FORCIBLE RAPE CASES ARE APPENDED. NOTES, CHARTS, AND GRAPHS ARE PROVIDED. (JSP)