NCJ Number
223428
Journal
Journal of Criminal Justice: An International Journal Volume: 36 Issue: 3 Dated: July 2008 Pages: 252-261
Date Published
July 2008
Length
10 pages
Annotation
This study examined variables concerning the prosecution of simple and aggravated rape.
Abstract
Results indicate that the racial composition of the victim/offender pairing was largely insignificant in determining case outcomes, but that the relationship between the victim and offender and whether the suspect and victim were under the influence of alcohol or drugs had strong effects. The analysis focused on the effects of the racial/ethnic composition of the victim/offender dyad, the relationship between victim and offender, and type of rape as it concerned three sexual assault case outcomes: whether the victim declined prosecution, whether the police unfounded the crime, and whether the district attorney filed charges. A secondary analysis employed the liberation hypothesis to test whether the effect of race was confined to simple rape. This article suggests that instead of the simple/aggravated distinction, court processing research could benefit from characterizing sexual assaults primarily by the relationship between the victim and offender with consideration of aggravating factors such as weapon use and injury. Victim characteristics emerged as the most significant predictors of legal responses to sexual assault despite the existence of rape law reform. Data used were comprised of all sexual assaults reported to the San Diego, CA, Police Department from 1995 to 2002. This study also included Hispanic victims and suspects, as previous research testing the sexual stratification hypothesis had included only African-American and White victims and suspects. Tables, notes, references