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

Abstract

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.

Post-Sexual Assault Decision Making: Centering Black Women’s Experiences

“…Additionally, sexual assault and victim help-seeking scholarship has examined victim behavioral factors that may be perceived as "risky" or inappropriate. As measured in previous research (Kaiser et al, 2017;Kelley et al, 2021;Meeker et al, 2019;Morabito et al, 2019;O'Neal, 2019;Ullman et al, 2020), victim engaged in risky behavior was coded 1 if the victim participated in any of the following acts before or during the attack: victim was walking alone at night, accepted a ride from a stranger, went to suspect's residence, invited the suspect to their residence, went to a bar alone, was drinking alcohol or drunk, used illegal drugs, or passed out due to intoxication. Existing research further highlights that victims who suffer from mental illnesses are perceived as less credible victims by support providers, including police (Gregory & Lees, 1996;Kerstetter, 1990;Morabito et al, 2019;O'Neal, 2019;Spohn & Tellis, 2012).…”

“…Researchers have assessed victim help-seeking decisions to improve the overall response to sexual assault victims (Bachman, 1998;Campbell, 1998Campbell, , 2005Kelley et al, 2021;Lizotte, 1985;Ullman, 2010;Wolitzky-Taylor et al, 2011). Scholars argue, however, that Black women's specific victimization and post-assault experiences get distorted and overlooked when all women's experiences are combined (Collins, 2000;Crenshaw, 1991).…”

When Disclosure Fails to Substantiate Abuse: Child and Perpetrator Race Predict Child Sexual Abuse Substantiation

“…Additionally, these effects might stem in part from prosecutor beliefs that judicial or juror racial bias will make it harder to successfully prosecute abuse cases involving Black children (Kelley et al, 2021). Such concerns might explain why prosecutors chose not to criminally prosecute R. Kelly in an earlier case.…”