“Victim Refuses to Cooperate”: A Focal Concerns Analysis of Victim Cooperation in Sexual Assault Cases

Why Police “Couldn't or Wouldn't” Submit Sexual Assault Kits for Forensic DNA Testing: A Focal Concerns Theory Analysis of Untested Rape Kits

“…For example, Tasca et al (2013Tasca et al ( : 1167) cited a police report in which a detective wrote, "Victim is a prostitute, addict, smoked crack with suspect;" (see also Shaw et al 2017). These indexes of perceived credibility-and others-are consistent predictors of case closures, exceptional clearances, unfounding decisions, false report designations, or otherwise no actions taken in reported rape cases (Kaiser et al 2017;Kelley & Campbell 2013;Morabito et al 2016;Murphy et al 2014;Pattavina et al 2016;Spohn & Tellis 2010;Spohn et al 2014;Tasca et al 2013). From this body of work, it stands to reason that police may not submit rape kits for forensic DNA testing if they believe that victims are not credible.…”

“…In the context of sexual assault investigations, police exercise considerable discretion, up to and including decisions whether to conduct an investigation at all, as noted in recent high‐profile critiques of police practices in Washington, DC (Human Rights Watch ) and Baltimore, MD (Department of Justice ). Spohn and colleagues have advanced focal concerns theory as a conceptual model for understanding discretionary decisions in sexual assault investigations (Kaiser et al ; Spohn & Tellis ; Spohn et al ). Spohn et al () noted that the focal concerns of law enforcement include the seriousness of the crime, the degree of injury to the victim, and the blameworthiness and dangerousness of the offender.…”

“…Whether victims are deemed credible is based on an expansive set of factors that encompasses who they are (gender, age, race/ethnicity, socioeconomic status); who assaulted them (a stranger or someone known them); where the assault occurred (neighborhood and time of day); why they might be making a report of rape (altruistic or revenge motives); how they behaved prior to the assault (engagement in “risky behaviors,” such as alcohol/drug use); how they behaved during the assault (physical resistance); and how they behaved after the assault (prompt reporting to the police, visible signs of distress) (Frohmann ; Jordan ; Kaiser et al ; Kelley & Campbell ; Morabito et al ; Murphy et al ; Schwartz ; Spohn & Tellis ; Spohn et al ; Tasca et al ; Venema ). Perceived victim credibility is based on a complex set of attitudes and beliefs as to what constitutes a “real rape” and real victims (Estrich ; Lonsway & Archambault ).…”

“…Closely related to perceived victim credibility is victim cooperation (Kaiser et al ; Spohn & Tellis ). Frohmann () noted that prosecutors need victims’ engagement for successful prosecutions, so if the police perceive that victims are not cooperative, it raises concerns about whether they should invest effort in such cases (Venema ).…”

“…In other words, the complete forthrightness that police demand is very much affected by the police themselves. When interviewed kindly by detectives, victims disclose more (Kaiser et al ; Patterson 2011a,2011b). When victims are subjected to harsh repeated questions, accusations of lying, and threats of punishment for not telling the full truth, victims may withdraw and disengage (Spohn & Tellis ).…”