NCJ Number
208750
Date Published
November 2004
Length
6 pages
Annotation
This paper presents selected findings from an Australian Institute of Criminology study on prosecutorial decision-making in adult sexual assault cases and how prosecutors view victim credibility.
Abstract
Based on the limited resources of the criminal justice system, suspected sexual offenses are not automatically subject to prosecution and it is neither possible nor desirable to prosecute all crimes. The decision to prosecute often involves evidential or legal issues that are matters of professional judgment. Sexual assault cases involving adult victims often come down to the word of the victim against that of the defendant. Because of this, the victim’s credibility is integral to prosecutorial decisions. A study by the Australian Institute of Criminology in 1994 involved statistical analysis of Offices of the Director of Public Prosecutions (DPP) case file data and qualitative analysis of data generated through interviews with Crown Prosecutors. This paper presents findings from this study to clarify the case-by-case considerations that turn prosecutorial guidelines into action. It presents a thematic analysis of interview data pertaining to factors that prosecutors take into account when assessing victim credibility and deciding whether to prosecute. Results from the study indicate that participating Crown Prosecutors tend to be conservative about rejecting or discontinuing adult sexual assault proceedings. This potentially reflects the facts that while prosecutors are afforded a degree of discretion, case decisions are not made on the opinion of a single person. They are overseen by other DPP lawyers, and in cases of possible termination, Director’s approval is required. References