Policing and prosecuting sexual assault: an examination of arrest and initial filing decisions in cases involving adolescent complainants

The Sexual Stratification Hypothesis and Prosecuting Sexual Assault: Is the Decision to File Charges Influenced by the Victim-Suspect Racial-Ethnic Dyad?

“…4 Given the dearth of research testing the SSH within the context of prosecutorial charging decisions, we provide citation support for each included variable. This approach is consistent with SACP research that investigates previously underexplored topics (see: Meeker et al, 2019; O’Neal, 2017, 2019). Ultimately, this approach provides rationale for the inclusion of each measure by situating variables within extant SACP and SSH research.…”

“…Victim character flaws, victim “risk-taking” behaviors, and victim mental health issues all significantly decreased the likelihood of initial charging. These findings were anticipated as previous scholars have firmly demonstrated the impact of extra-legal factors on criminal-legal decision making for SACP (Alderden & Ullman, 2012; Meeker et al, 2019; Morabito et al, 2019; Spohn et al, 2001; Tellis & Spohn, 2008). There are two explanations for this finding.…”

“…The first variable included is a continuous variable for victim age (O’Neal & Hayes, 2020; Spohn & Tellis, 2012, 2014), with victims having an average age of 25.17 ( SD = 11.409, range = 12–75). Second, this study includes a dichotomous measure of victim “risk-taking” behaviors ( yes =1, no = 0; LaFree, 1980, 1989; Meeker et al, 2019; Morabito et al, 2019; Spohn & Holleran, 2001) that captures whether the victim engaged in any risk-taking behaviors before or during the incident (e.g., walking alone at night, accepting a ride from a stranger, going to the suspect’s residence, inviting the suspect to their residence, in a bar alone, hanging out where drugs are sold, consuming alcohol, drunk, consuming drugs, passing out due to intoxication). In this sample, 33.4% ( n = 130) of victims engaged in “risk-taking” behaviors.…”

“…Relatedly, studies draw attention to legal actors’ dependence on extra-legal factors that challenge victim credibility, such as mental health concerns (Kerstetter, 1990; Morabito et al, 2019; Spohn & Tellis, 2012), “risk-taking” (e.g., alcohol use, hitchhiking; Meeker et al, 2019; Morabito et al, 2019; Spohn et al, 2001; Tellis & Spohn, 2008), age (O’Neal & Hayes, 2020), and reputation concerns (Alderden & Ullman, 2012; Beichner & Spohn, 2005; Spohn et al, 2001; Spohn & Holleran, 2001). Alderden and Ullman (2012), for example, found that prosecutors were less likely to file felony charges in cases involving victims with questionable moral character (participation in sex work, abusing drugs or alcohol, having a prior arrest record, or presenting as promiscuous).…”

“…The following measures center on factors that could result in the victim's credibility being questioned and therefore impact both prosecutorial uncertainty and convictability. 1980Meeker et al, 2019;Morabito et al, 2019;Spohn & Holleran, 2001) that captures whether the victim engaged in any risk-taking behaviors before or during the incident (e.g., walking alone at night, accepting a ride from a stranger, going to the suspect's residence, inviting the suspect to their residence, in a bar alone, hanging out where drugs are sold, consuming alcohol, drunk, consuming drugs, passing out due to intoxication). In this sample, 33.4% (n = 130) of victims engaged in "risk-taking" behaviors.…”