Policing and Prosecuting Sexual Assault Against Women of Color: Applying Critical Race Theory and Intersectionality Frameworks to Examine Arrest and Charging Decisions in Cases Involving Black and Latina Victims

Abstract

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.

Introduction to Special Issue: Intersections of Gender, Race, and Criminal Justice

“…At a time when the teaching of Critical Race Theory has been politically and legislatively attacked, Acquaviva et al (2024) share an insightful and necessary examination of sexual assault processing among Black and Latina victims. Importantly, the authors highlight racial and ethnic disparities in sexual assault case processing and the systematic erasure of Black and Brown experiences in the criminal-legal system.…”

“…Importantly, the authors highlight racial and ethnic disparities in sexual assault case processing and the systematic erasure of Black and Brown experiences in the criminal-legal system. Acquaviva et al (2024) note that victim cooperation and engagement in the process is essential to arrest and prosecution but also note that stereotypes, particularly from law enforcement officers, significantly impair case processing especially for victims of color. In essence, racialized stereotypes harm victim legitimacy and ultimately intensify mechanisms of systemic racism in the criminal-legal system.…”