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Police are considered “gatekeepers” of the criminal-legal system because their decisions significantly impact case outcomes. Using rape culture as our theoretical framework, we examine rape culture-specific factors that influence police arrest decisions in sexual assault cases reported to Los Angeles police. Importantly, extant research using this approach has overwhelmingly focused on indicators of “genuine victims,” and few studies have assessed rape culture-specific indicators of suspect culpability in sexual assault case processing. The present study addresses this gap. Findings indicate that arrest decisions are motivated by rape culture-specific indicators of suspect culpability and “real rape.” Theoretical and practical implications are discussed.

The sexual stratification hypothesis (SSH) posits that criminal-legal responses to sexual victimization differ depending on the victim-suspect racial-ethnic dyad. Existing tests of the SSH have resulted in inconsistent findings. Using data from 389 sexual assault (SA) complaints reported to Los Angeles police and referred to the Los Angeles County District Attorney’s Office, this study examines whether the victim-suspect racial-ethnic dyad and extra-legal victim-related factors shape prosecutorial initial filing decisions. Notably, we build on previous SSH tests by rotating racial-ethnic dyad reference categories to catalog all possible pairwise differences within the set of dummy variables. Findings suggest that prosecutors consider the victim-suspect racial-ethnic dyad and victim-related factors during initial filing. Theoretical advancements, practical implications, and suggestions for future research are discussed.

Using Critical Race Theory and an intersectional framework, the present study focuses on the case processing of sexual assault (SA) incidents involving Black and Latina victims. Importantly, much of the prior literature assessing arrest and charging decisions have been whitewashed by failing to consider that the factors influencing the case progression of white victims’ SA experiences may not appropriately apply to women of Color. Oftentimes, this scholarship merely controls for victim and suspect race without considering how legal and extralegal incident and case factors may operate differently for victims of Color. The present study addresses this oversight.

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