It has been argued that the police do not respond to domestic calls involving same-sex couples in the same manner as they respond to calls involving heterosexual couples. A major problem facing researchers examining the police response to cases involving same-sex couples has been the lack of adequately sized samples. In this article, the authors utilize the 2000 National Incident Based Reporting System database, which contains 176,488 intimate partner assaults and intimidation incidents reported to 2,819 police departments in 19 states. The key issue examined is whether similar cases involving same-sex and heterosexual couples result in the same police response.

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The underreporting of sexual assault is well known to researchers, practitioners, and victims. When victims do report, their complaints are unlikely to end in arrest or prosecution. Existing research on police discretion suggests that the police decision to arrest for sexual assault offenses can be influenced by a variety of legal and extra-legal factors particularly challenges to victim credibility. Although extant literature examines the effects of individual behaviors on police outcomes, less is known about how the accumulation of these behaviors, attributions, and characteristics affects police decision making. Using data collected from the Los Angeles Police Department and Sheriff's Department, we examine one police decision point-the arrest to fill this gap in the literature. First, we examine the extent to which the effects of potential challenges to victim credibility, based on victim characteristics and behaviors, influence the arrest decision, and next, how these predictors vary across circumstances. Specifically, we examine how factors that challenge victim credibility affect the likelihood of arrest in sexual assault cases where the victim and offender are strangers, acquaintances, and intimate partners.

After several decades of research on how the criminal justice system handles reports of sexual assault, the attrition of cases at the police and prosecutor stages continues to draw the attention of policy makers, victim advocates, and academics. Such attrition has implications for thousands of victims and their alleged offenders each year. Current estimates show that significant rates of attrition persist and vary across jurisdictions. Recent work in two jurisdictions reveals a pattern of exceptional clearances being used to close sexual assault cases reported to the police and that prosecutors are weighing in at the arrest stage. Broadening this analysis we use incident data from a multitude of jurisdictions that report to the National Incident Based Reporting System (NIBRS) in combination with data from other law enforcement sources to investigate how legal and extra-legal incident factors as well as agency factors differentiate the decision to clear cases by exceptional means from clearance by arrest. We find that 1 Downloaded by [University of New England] at 23:21 28 March 2016 2 A. Pattavina et al.agency, legal, and extra-legal factors predict the use of exceptional clearance relative to arrest and discuss how these findings suggest a downstream orientation in case processing.